GROVER CLEVELAND.

EXECUTIVE MANSION, _January 17, 1896_.

_To the Congress_:

I desire to invite attention to the necessity for prompt legislation

in order to remove the limitation of the time within which suits may be

brought by the Government to annul unlawful or unauthorized grants of

public lands.

By the act of March 3, 1887 (24 U.S. Statutes at Large, p. 556), the

Secretary of the Interior is directed to adjust each of the railroad

land grants which may be unadjusted, and it is provided, if it shall

appear upon the completion of such adjustment or sooner that the lands

have been from any cause erroneously certified or patented by the United

States to or for the use of a company claiming under any of said grants,

it shall be the duty of the Secretary of the Interior to demand a

reconveyance of the title to all lands so erroneously certified or

patented, and on failure of the company to make such reconveyance within

ninety days the Attorney-General is required to institute and prosecute

in the proper courts necessary proceedings to restore title to said

lands to the United States. The demands made under this act have been

numerous, and in some cases have resulted in the reinvestment of title

to the lands in the United States upon demand, but in most cases the

demand has been refused and suits have been necessary.

The work of adjustment has been unavoidably slow. The said act makes

provision for the reinstatement of entries erroneously canceled on

account of railroad withdrawals, and, upon certain conditions, provides

for the confirmation of titles derived by purchase from the companies

of lands shown to be excepted from the grants. It contemplates a

disposition of every tract, described by the granting act, situated

within the primary or granted limits; an inspection of each tract

certified or patented to the company within such limit, to determine

whether such certification or patenting was proper; the listing of those

tracts shown to be erroneously certified, and the determination for what

tracts lost to the grant indemnity is to be allowed.

It is necessary in making such an adjustment that all questions of

conflicting claims, either between settlers and the road or between two

roads the grants for which conflict or overlap, be finally disposed of,

so that a proper disposition of the land can be shown in the adjustment.

While adjustments have proceeded with the utmost rapidity consistent

with a due regard for the rights of the settlers, of the United States,

and the railroad companies, and while to this end the force of adjusters

has been largely augmented in the General Land Office, many of the

grants yet remain unadjusted.

In some of the grants, notably the corporation grants, the lack of

surveys up to the present time made the completion of the work

impossible.

Decisions rendered by the Interior Department in numerous conflicts

have been carried into the courts. The construction of the Interior

Department has generally been sustained when final determination has

been reached, but many of the cases are still pending in the courts,

not yet having been decided. Some of these cases, while involving

immediately the title to only one particular tract, will when decided

furnish a rule of construction to control the disposition of the title

to thousands of acres of other lands in the same situation. Until the

courts pass upon these questions final adjustments can not be made.

By section 8 of the act of March 3, 1891 (26 U.S. Statutes at Large, p.

1099), it is expressly enacted that suits by the United States to vacate

and annul any patent theretofore issued "shall only be brought within

five years from the passage of this act." This period of five years will

expire on the 3d of March, 1896. Of course no suit by the United States

to secure the cancellation of a patent in this class of cases after

that date would be effective. Indeed, it is now too late to initiate

proceedings looking to any such suit, inasmuch as demand has to be first

made on the company, and thereafter ninety days must be allowed for

compliance or refusal, in accordance with the provisions of the act of

March 3, 1887. Before the expiration of this period the statute would

bar the right of recovery by the Government, and the benefits of

anticipated favorable decisions of the courts would be lost so far as

they might determine the character and disposition of grants similar

to those directly involved in pending cases.

It will be readily seen that if this act of limitations is to remain on

the statute books the portion of the adjustment act referred to would be

rendered nugatory. Indeed, there would be but little use in continuing

the adjustment of many of the land grants, inasmuch as ascertained

rights of the United States or of settlers could not be enforced by law.

Legislation establishing limitations against the right of the Government

to sue is an innovation not entirely consistent with the general history

of the rights of the Government, for it has uniformly been held that

time did not bar the sovereign power from the assertion of a right.

The early adjudications of the Land Department construed the grants with

a degree of liberality toward the grantees which later decisions of the

courts and of the Department have not sustained. It seems clear that the

further progress of adjustments will develop facts and transactions in

connection with these land grants which ought to be the subjects of

legal examination and scrutiny before they are allowed to become final

and conclusive. The Government should not be prevented from going into

the courts to right wrongs perpetrated by its agents or any other

parties, and by which much of the public domain may be diverted from the

people at large to corporate uses.

In these circumstances it seems to me that the act of 1891 should be

so amended as not to apply to suits brought to recover title to lands

certified or patented on account of railroad or other grants; and

I respectfully urge upon Congress speedy action to the end suggested,

so that the adjustment of these grants may proceed without the

interposition of a bar, through lapse of time, against the right of

recovery by the Government in proper cases.

GROVER CLEVELAND.

EXECUTIVE MANSION, _Washington, January 20, 1896_.

_To the House of Representatives_:

In response to the resolution of the House of Representatives of

December 28, 1895, I transmit herewith a report from the Secretary of

State and accompanying papers, relating to certain speeches made by

Thomas F. Bayard, ambassador of the United States to Great Britain.

In response to that part of said resolution which requests information

as to the action taken by the President concerning the speeches therein

referred to, I reply that no action has been taken thereon by the

President except such as is indicated in the report and correspondence

herewith submitted.

GROVER CLEVELAND.

EXECUTIVE MANSION, _Washington, January 22, 1896_.

_To the House of Representatives_:

I transmit herewith, in compliance with the resolution of the House of

Representatives of December 28, 1895, a report from the Secretary of

State, with copies of all the correspondence of record in the Department

of State in relation to the schooner _Henry Crosby_, fired upon

while at anchor at Azua, Santo Domingo, December 10, 1893.

GROVER CLEVELAND.

EXECUTIVE MANSION, _January 22, 1896_.

_To the Senate of the United States_:

In response to the resolution adopted by the Senate on December 16,

1895, respecting what action had been taken in regard to the payment of

the appropriation for the bounty on sugar contained in the sundry civil

bill approved March 2, 1895, I herewith transmit a communication

received from the Secretary of the Treasury, which contains all the

information I have upon the subject.

GROVER CLEVELAND.

EXECUTIVE MANSION, _Washington, January 23, 1896_.

_To the Senate_:

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

resolution of the Senate of the 16th instant, requesting information in

regard to the treatment of naturalized citizens of the United States of

Armenian origin, and their families, by the Turkish Government.

GROVER CLEVELAND.

EXECUTIVE MANSION, _Washington, January 27, 1896_.

_To the House of Representatives_:

I transmit herewith a report from the Secretary of State, with copies of

all correspondence of record relating to the failure of the scheme for

the colonization of negroes in Mexico, necessitating their return to

their home in Alabama.

I referred to this matter in my message to Congress at the beginning of

the present session, and for the reasons then given[29] I again urge the

propriety of making an appropriation to cover the cost of transportation

furnished by the railroad companies.

GROVER CLEVELAND.

[Footnote 29: See p. 634.]

EXECUTIVE MANSION, _Washington, January 30, 1896_.

_To the House of Representatives_:

I transmit herewith a communication from the Secretary of State,

accompanying the reports of the consuls of the United States on trade

and commerce. In view of the evident value of this compilation to our

business interests, I indorse the recommendation of the Secretary that

Congress authorize the printing of a special edition of 10,000 copies

of the General Summary of the Commerce of the World for distribution

by the Department of State, and of 2,500 copies of Commercial Relations

(including this summary) to enable the Department to meet the increasing

demand for commercial information.

GROVER CLEVELAND.

EXECUTIVE MANSION, _Washington, February 3, 1896_.

_To the Congress_:

In my last annual message allusion was made to the lawless killing of

certain Italian laborers in the State of Colorado,[30] and it was added

that "the dependent families of some of the unfortunate victims invite

by their deplorable condition gracious provision for their needs."

It now appears that in addition to three of these laborers who were

riotously killed two others, who escaped death by flight, incurred

pitiable disabilities through exposure and privation.

Without discussing the question of the liability of the United States

for these results, either by reason of treaty obligations or under the

general rules of international law, I venture to urge upon the Congress

the propriety of making from the public Treasury prompt and reasonable

pecuniary provision for those injured and for the families of those who

were killed.

To aid in the consideration of the subject I append hereto a report of

the Secretary of State, accompanied by certain correspondence which

quite fully presents all the features of the several cases.

GROVER CLEVELAND.

[Footnote 30: See p. 633.]

_To the House of Representatives_:

Pursuant to the request made in a House resolution passed on the 30th

day of January, 1896, I herewith transmit the report, with accompanying

maps and exhibits, of the board of engineers under the provisions of

chapter 189 of laws of 1895, for the purpose of ascertaining the

feasibility, permanence, and cost of the construction and completion of

the Nicaragua Canal by the route contemplated and provided for by the

act which passed the Senate January 28, 1895, entitled "An act to amend

an act entitled 'An act to incorporate the Maritime Canal Company of

Nicaragua,' approved February 20, 1889."

GROVER CLEVELAND.

FEBRUARY 7, 1896.

EXECUTIVE MANSION, _Washington, February 10, 1896_.

_To the Senate of the United States_:

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

December 18, 1895, a report by the Secretary of State, accompanied by

copies of correspondence touching the establishment or attempted

establishment of post routes by Great Britain or the Dominion of Canada

over or upon United States territory in Alaska; also as to the

occupation or attempted occupation by any means of any portion of that

territory by the military or civil authorities of Great Britain or of

Canada.

GROVER CLEVELAND.

EXECUTIVE MANSION, _Washington, February 10, 1896_.

_To the Senate_:

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

to its ratification, a convention signed at Washington the 8th instant

between the Governments of the United States of America and of Her

Britannic Majesty, providing for the settlement of the claims presented

by Great Britain against the United States in virtue of the convention

of February 29, 1892, and of the findings of the Paris Tribunal of

Arbitration pursuant to article 8 of said convention, as well as of

the additional claims specified in paragraph 5 of the preamble of the

present convention.

GROVER CLEVELAND.

EXECUTIVE MANSION, _Washington, February 11, 1896_.

_To the Senate of the United States_:

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

December 9, 1895, a report from the Secretary of State, accompanied by

copies of correspondence and other papers in regard to the case of John

L. Waller, a citizen of the United States, at present in the custody of

the French Government.

It will be seen upon examination, as would of course be expected, that

there is a slight conflict of evidence upon some of the features of Mr.

Waller's case. Nevertheless, upon a fair and just consideration of all

the facts and circumstances as presented, and especially in view of Mr.

Waller's own letters, the conclusions set forth in the report of the

Secretary of State do not appear to admit of any reasonable doubt nor to

leave open to the Executive any other course of action than that adopted

and acted upon as therein stated.

It is expected that Mr. Waller's release from imprisonment will be

immediately forthcoming.

GROVER CLEVELAND.

[A similar message was sent to the House of Representatives in answer to

a resolution of that body of December 28, 1895.]

EXECUTIVE MANSION, _Washington, February 11, 1896_.

_To the House of Representatives_:

In response to the resolution of the House of Representatives of

December 28 last, as follows--

_Resolved_, That the Secretary of State be directed to communicate

to the House of Representatives, if not inconsistent with the public

interests, copies of all correspondence relating to affairs in Cuba

since February last--

I transmit herewith a communication from the Secretary of State and such

portions of the correspondence requested as I deem it not inconsistent

with the public interests to communicate.

GROVER CLEVELAND.

EXECUTIVE MANSION, _Washington, February 14, 1896_.

_To the Senate_:

In response to the resolution of the Senate of January 7, 1896,

I transmit herewith a report from the Secretary of State, with an

accompanying report of the special agent of the United States sent

to the Fiji Islands to investigate the claims of B.H. Henry and other

American citizens for compensation for certain lands alleged to have

been owned by them and claimed to have been appropriated by the British

Government.

GROVER CLEVELAND.

EXECUTIVE MANSION, _Washington, February 14, 1896_.

_To the Senate of the United States_:

I transmit, with the accompanying papers, a report from the Secretary

of State, answering the resolution of the Senate of January 16, 1896,

addressed to him, calling for information concerning the claims against

Peru of Thomas W. Sparrow, N.B. Noland, and others, members of the

commission known as the Hydrographic Commission of the Amazon, employed

by the Government of Peru, for compensation for their services on said

commission.

GROVER CLEVELAND.

EXECUTIVE MANSION, _Washington, February 14, 1896_.

_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 1895.

GROVER CLEVELAND.

EXECUTIVE MANSION, _Washington, February 14, 1896_.

_To the House of Representatives_:

I transmit herewith, in compliance with the resolution of the House of

Representatives of February 1, 1896, a report from the Secretary of

State, with copies of the correspondence of record in the Department of

State in relation to the exclusion of life-insurance companies of the

United States from transacting business in Germany.

GROVER CLEVELAND.

EXECUTIVE MANSION, _February 18, 1896_.

_To the House of Representatives_:

In compliance with a resolution of the House of Representatives, the

Senate concurring, I return herewith Senate bill 879, entitled "An act

to amend an act entitled 'An act to grant to the Gainesville, McAlester

and St. Louis Railroad Company a right of way through the Indian

Territory.'"

GROVER CLEVELAND.

EXECUTIVE MANSION, _Washington, February 28, 1896_.

_To the Senate:_

I transmit herewith, in response to the resolutions of the Senate of the

18th and 19th instant, a report of the Secretary of State, in regard to

the claim of A.H. Lazare against the Government of Hayti.

GROVER CLEVELAND.

EXECUTIVE MANSION, _Washington, March 9, 1896_.

_To the Senate_:

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

24th ultimo, a report from the Secretary of State, in relation to the

claim of the legal representatives of Lieutenant George C. Foulke

against the Government of the United States.

GROVER CLEVELAND.

EXECUTIVE MANSION, _March 9, 1896_.

_To the Senate_:

I transmit herewith, in response to the Senate's resolution of February

6, 1896, addressed to the Secretary of State, copies, in translation, of

the decrees or orders of the Governments of Germany, France, Belgium,

and Denmark placing restrictions upon the importation of certain

American products.

GROVER CLEVELAND.

EXECUTIVE MANSION, _Washington, March 13, 1896_.

_To the Senate_:

I transmit herewith, in response to a resolution of the Senate of

March 2, a report from the Secretary of State, accompanied by copies of

correspondence touching the arrest in Havana of Marcus E. Rodriguez,

Luis Someillau y Azpeitia, and Luis Someillau y Vidal, citizens of the

United States.

GROVER CLEVELAND.

EXECUTIVE MANSION, _Washington, March 13, 1896_.

_To the House of Representatives_:

In response to the resolution of the House of Representatives of

February 13, 1896, I transmit a report from the Secretary of State and

accompanying papers, relating to the claim of Bernard Campbell against

the Government of Hayti.

GROVER CLEVELAND.

EXECUTIVE MANSION, _April 14, 1896_.

_To the Senate of the United States_:

In compliance with a resolution of the Senate, the House of

Representatives concurring, I return herewith the enrolled joint

resolution (S.R. 116) authorizing the Public Printer to print the Annual

Report of the United States Coast and Geodetic Survey in quarto form and

to bind it in one volume.

GROVER CLEVELAND.

EXECUTIVE MANSION, _Washington, April 15, 1896_.

_To the Senate of the United States_:

In response to the resolution of March 24, 1896, requesting that the

Senate be furnished with the correspondence of the Department of State

between November 5, 1875, and the date of the pacification of Cuba in

1878 relating to the subject of mediation or intervention by the United

States in the affairs of that island, I transmit a report from the

Secretary of State, forwarding such papers as seem to be called for by

the resolution in question.

GROVER CLEVELAND.

EXECUTIVE MANSION, _Washington, April 30, 1896_.

_To the House of Representatives_:

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

Representatives of the 9th instant, addressed to the Secretary of State,

a report of that officer, accompanied by copies of the correspondence in

regard to the imprisonment of Mrs. Florence E. Maybrick.

GROVER CLEVELAND.

EXECUTIVE MANSION, _Washington, May 16, 1896_.

_To the Senate_:

I transmit herewith, in response to the resolution of the Senate dated

the 9th instant and addressed to the Secretary of State, a report of

that officer, accompanied by copies of printed documents containing the

information desired respecting the historical archives deposited in the

Department of State.

GROVER CLEVELAND.

EXECUTIVE MANSION, _Washington, May 23, 1896_.

_To the Senate of the United States_:

I transmit herewith, in response to a resolution of the Senate of the

16th instant, a report of the Secretary of State, to which are attached

copies in English and Spanish of the original text of a protocol

executed January 12, 1877, between the minister plenipotentiary of the

United States of America to the Court of Spain and the minister of state

of His Majesty the King of Spain.

It being, in my judgment, incompatible with the public service, I am

constrained to refrain from communicating to the Senate at this time

copies of the correspondence described in the third paragraph of said

resolution.

GROVER CLEVELAND.

EXECUTIVE MANSION, _May 28, 1896_.

_To the House of Representatives_:

In compliance with a resolution of the House of Representatives of the

27th instant, the Senate concurring, I return herewith the bill (H.R.

5731) entitled "An act to regulate the practice of medicine and surgery,

to license physicians and surgeons, and to punish persons violating the

provisions thereof in the District of Columbia."

GROVER CLEVELAND.

EXECUTIVE MANSION, _June 3, 1896_.

_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.

3279) entitled "An act to authorize the reassessment of water-main taxes

or assessments in the District of Columbia, and for other purposes."

GROVER CLEVELAND.

EXECUTIVE MANSION, _June 8, 1896_.

_To the Senate_:

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

resolution of the Senate of May 9, 1896, directing that "the Secretary

of State, the Secretary of the Treasury, the Secretary of War, the

Secretary of the Navy, the Secretary of the Interior, the Secretary of

Agriculture, the Postmaster-General, and the Attorney-General cause a

careful and thorough inquiry to be made regarding the number of aliens

employed in their respective Departments, and to communicate the result

of said inquiry to the Senate at the earliest practicable day."

GROVER CLEVELAND.

VETO MESSAGES.

EXECUTIVE MANSION, _February 28, 1896_.

_To the House of Representatives_:

I herewith return without my approval House bill No. 2769, entitled

"An act to authorize the leasing of lands for educational purposes

in Arizona."

This bill provides for the leasing of all the public lands reserved to

the Territory of Arizona for the benefit of its universities and

schools, "under such laws and regulations as may be hereafter prescribed

by the legislature of said Territory."

If the proposed legislation granted no further authority than this,

it would, in terms at least, recognize the safety and propriety of

leaving the desirability of leasing these lands and the limitations

and safeguards regulating such leasing to be determined by the local

legislature chosen by the people to make their laws and protect their

interests.

Instead of stopping here, however, the bill further provides that until

such legislative action the governor, the secretary of the Territory,

and the superintendent of public instruction shall constitute a board

for the leasing of said lands under the rules and regulations heretofore

prescribed by the Secretary of the Interior. It is specifically declared

that it shall not be necessary to submit said leases to the Secretary of

the Interior for approval, and that no leases shall be made for a longer

term than five years nor for a term extending beyond the date of the

admission of the Territory to statehood.

Under these provisions the lands reserved for university and school

purposes, whose value largely depends upon their standing timber, and in

which every citizen of the Territory has a deep interest, may be leased

and denuded of their timber by officers none of whom have been chosen by

the people, and without the sanction of any law or regulation made by

their representatives in the local legislature. Even the measure of

protection which would be afforded the citizens of the Territory by a

submission to the Secretary of the Interior of the leases proposed, and

thus giving him an opportunity to ascertain whether or not they comply

with his regulations, is especially withheld.

It was hardly necessary to provide in this bill that these lands

might be leased "under such laws and regulations as may be hereafter

prescribed by the legislature of said Territory" if the action of the

legislature was to be forestalled and rendered nugatory by the immediate

and unrestrained action of the officers constituted "a board for the

leasing of said lands" pending such legislative consideration. These

are inconsistencies which are not satisfactorily accounted for by the

suggestion that the time that would elapse before the legislature could

consider the subject would be important.

The protests I have received from numerous and influential citizens of

the Territory indicate considerable opposition to this bill among those

interested in the preservation and proper management of these school

lands.

GROVER CLEVELAND.

EXECUTIVE MANSION, _April 21, 1896_.

_To the Senate_:

I herewith return without my approval Senate bill No. 894, entitled

"An act granting a pension to Nancy G. Allabach."

This bill provides for the payment of a pension of $30 a month to the

beneficiary named as the widow of Peter H. Allabach.

This soldier served for nine months in the Army during the War of the

Rebellion, having also served in the war with Mexico.

He was mustered out of his last service on the 23d day of May, 1863,

and died on the 11th of February, 1892.

During his life he made no application for pension on account of

disabilities. It is not now claimed that he was in the least disabled as

an incident of his military service, nor is it alleged that his death,

which occurred nearly twenty-nine years after his discharge from the

Army, was in any degree related to such service.

His widow was pensioned after his death under the statute allowing

pensions to widows of soldiers of the Mexican War without reference to

the cause of the death of their husbands. Her case is also, indirectly,

one of those provided for by the general act passed in 1890, commonly

called the dependent-pension law.

It is proposed, however, by the special act under consideration to give

this widow a pension of $30 a month without the least suggestion of the

death or disability of her husband having been caused by his military

service, and solely, as far as is discoverable, upon the ground that she

is poor and needs the money.

This condition is precisely covered by existing general laws; and if a

precedent is to be established by the special legislation proposed, I do

not see how the same relief as is contained in this bill can be denied

to the many thousand widows who in a similar situation are now on the

pension rolls under general laws.

GROVER CLEVELAND.

EXECUTIVE MANSION, _April 21, 1896_.

_To the Senate_:

I return herewith without my approval Senate bill No. 249, entitled

"An act granting a pension to Charles E. Jones."

The beneficiary named in this bill was a photographer who accompanied

one of the regiments of the Union Army in the War of the Rebellion. He

was injured, apparently not very seriously, while taking photographs and

when no battle was in actual progress. He was not enlisted, and was in

no manner in the military service of the United States.

Aside from the question as to whether his present sad condition is

attributable to the injury mentioned, it seems to me the extension of

pension relief to such cases would open the door to legislation hard to

justify and impossible to restrain from abuse.

GROVER CLEVELAND.

EXECUTIVE MANSION, _April 25, 1896_.

_To the House of Representatives_:

I herewith return without my approval House bill No. 1094, entitled

"An act granting a pension to Francis E. Hoover."

It is proposed by this bill to grant a pension of $50 a month to the

beneficiary named, who served as a private for about one year and nine

months in the Union Army during the War of the Rebellion.

I do not understand it is claimed in any quarter that the present

helpless condition of this soldier is at all attributable to his army

service.

He himself never applied for a pension until after the passage of the

law of 1890, providing for a pension for those who had served in the

Army and are unable to maintain themselves by manual labor on account of

disability not chargeable to army service. The committee of the House of

Representatives in reporting this bill declare: "The testimony does not

show the disease of the soldier to be of service origin."

The beneficiary is now receiving the largest pension permitted under the

law of 1890.

His condition may well excite our sympathy, but to grant him a pension

of $50 a month without the least suggestion that his pitiable disability

is related to his army service, and in view of the fact that he is now

receiving the highest pension allowed by a general law enacted to

expressly meet such cases, it seems to me would result in an unfair

discrimination as against many thousand worthy soldiers similarly

situated, and would invite applications which, while difficult to refuse

in the face of such a precedent, must certainly lead to the breaking

down of all the limitations and restrictions provided by our laws

regulating pensions.

The value of pension legislation depends as much upon fairness and

justice in its administration as it does upon its liberality and

generosity.

GROVER CLEVELAND.

EXECUTIVE MANSION, _May 19, 1896_.

_To the House of Representatives_:

I return herewith without approval House bill No. 1139, entitled "An act

granting a pension to Caroline D. Mowatt."

The beneficiary mentioned in this bill was married in 1858 to Alfred B.

Soule, who served as major of a Maine regiment of volunteers in the War

of the Rebellion from September 10, 1862, to July 15, 1863, when he was

mustered out of the service. He died in February, 1864, and in 1866 a

pension was granted to the beneficiary as his widow at the rate of $25 a

month, dating from the time of her husband's death, two years before.

The widow continued to receive the pension allowed her until June 17,

1869, when She was married to Henry T. Mowatt, which under the law

terminated her pensionable right. It appears, however, that a small

pension was allowed two minor children of the soldier at the time of

their mother's remarriage, which continued until 1876, more than seven

years after such remarriage, when the youngest of said children became

16 years of age.

In 1878, nine years after he became the second husband of the

beneficiary, Henry T. Mowatt died.

Though twenty-seven years have passed since the beneficiary ceased to

be the widow of the deceased soldier, and though she has been the widow

of Henry T. Mowatt for eighteen years, it is proposed by the bill under

consideration to again place her name upon the pension roll "as widow

of Alfred B. Soule, late major of the Twenty-third Regiment Maine

Volunteers."

Of course the propriety of the law which terminates the pension of a

soldier's widow upon her remarriage will not be questioned. I suppose no

one would suggest the renewal of such pension during the lifetime of her

second husband. Her pensionable relation to the Government as the widow

of her deceased soldier husband, under any reasonable pension theory,

absolutely terminated with her remarriage.

If she is to be again pensioned because her second husband does not

survive her, the transaction has more the complexion of an adjustment

of a governmental insurance on the life of the second husband than the

allowance of a pension on just and reasonable grounds.

Legislation of this description is sure to establish a precedent which

it will be difficult to disclaim, and which if followed can not fail to

lead to abuse.

GROVER CLEVELAND.

EXECUTIVE MANSION, _May 20, 1896_.

_To the House of Representatives_:

I return herewith without approval House bill No. 577, entitled "An act

granting a pension to Lydia A. Taft."

In 1858 the beneficiary named in this bill became the wife of Lowell

Taft, who afterwards enlisted in the Union Army as a private in a

Connecticut regiment and served from August, 1862, until June, 1865.

The records of the War Department show that he was captured by the

enemy June 15, 1863, and paroled July 14, 1863.

No application for a pension was ever made by him, though he lived until

1891, when he died at a soldiers' home in Connecticut.

No suggestion is made that he incurred any disability in the service or

that his death was in any manner related to such service.

In 1882, nearly twenty-four years after her marriage to the soldier

and seventeen years after his discharge from the Army, the beneficiary

obtained a divorce from him upon the grounds of habitual drunkenness

and failure to afford her a support.

It is now proposed, five years after the soldier's death, to pension as

his widow the wife who was divorced from him at her own instance

fourteen years ago.

A government's generous care for widows deprived of a husband's support

and companionship by the casualties or disabilities of war rests upon

grounds which all must cheerfully approve; but it is difficult to place

upon these grounds the case of this proposed beneficiary, who has

renounced a wife's relation, with all its duties and all its rights, and

who by her own act placed herself beyond the possibility of becoming the

widow of her soldier husband.

If, as stated in the report of the House committee on this bill, the

beneficiary for some reason contributed something toward the soldier's

support after her divorce and paid the expense of his burial, the fact

still remains that this soldier died in a soldiers' home wifeless and

leaving no one surviving who, claiming to be his widow, should be

allowed to profit by his death.

GROVER CLEVELAND.

EXECUTIVE MANSION, _May 21, 1896_.

_To the House of Representatives_:

I herewith return without approval House bill No. 1185, entitled "An act

granting a pension to Rachel Patton."

John H. Patton, the husband of the beneficiary, was a captain in an

Illinois regiment, and was killed in action June 25, 1863.

In December, 1863, the beneficiary was pensioned as his widow at the

rate of $20 a month.

She received this pension for thirteen years and until 1876, when she

married one William G. Culbertson. Thereupon, because of such marriage,

her name was dropped from the pension rolls, pursuant to law.

In 1889, thirteen years after her remarriage and the termination of her

pension, she procured a decree of divorce against her second husband on

the ground of desertion.

She has a small income, but it does not appear that alimony was allowed

her in the divorce proceedings.

It is proposed by this bill to pension her at the same rate which was

allowed her while she remained the widow of the deceased soldier.

It can not be denied that the remarriage of this beneficiary terminated

her pensionable relation to the Government as completely as if it never

existed. The statute which so provides simply declares what is approved

by a fair and sensible consideration of pension principles. As a legal

proposition, the pensionable status of a soldier's widow, lost by her

remarriage, can not be recovered by the dissolution of the second

marriage. Waiving, however, the application of strictly legal principles

to the subject, there does not appear to be any sentiment which should

restore to the pension rolls as the widow of a deceased soldier a

divorced wife who has relinquished the title of soldier's widow to again

become a wife, and who to secure the expected advantages and comforts of

a second marriage has been quite willing to forego the provision which

was made for her by the Government solely on the grounds of her soldier

widowhood.

GROVER CLEVELAND.

EXECUTIVE MANSION, _May 23, 1896_.

_To the House of Representatives_:

I herewith return without approval House bill No. 4804, entitled "An act

to amend subdivision 10 of section 2238 of the Revised Statutes of the

United States."

The subdivision of the section of the law proposed to be amended by

this bill has reference to the fees allowed receivers and registers at

public-land offices. This subdivision now reads as follows:

Tenth. Registers and receivers are allowed jointly at the rate of 15

cents per hundred words for testimony reduced by them to writing for

claimants in establishing preemption and homestead rights.

The bill under consideration so amends this subdivision that in the

first clause a compensation of 10 cents per hundred words is allowed

to the registers and receivers for reducing to writing the testimony

of claimants "in all cases," instead of 15 cents per hundred words for

reducing to writing testimony "in establishing preemption and homestead

rights," as provided in the old law.

Whether this reduction of fees preserves an adequate and just

compensation to the officers affected I suppose has been duly considered

by the Congress.

The bill, however, after providing for this change in compensation,

contains the following words:

And in all cases where they [the registers and receivers] can secure a

competent person to reduce the testimony to writing for a sum less per

folio than the sum herein prescribed it shall be their duty to do so.

By the addition of these words the bill seems to give certain fees by

way of official compensation to the officers named for certain services

to be performed by them and at the same time to provide that if they can

secure other persons willing to perform these services for a less sum

than the amount allowed to them they shall forego their fees in favor of

such persons.

It is very important that the fees and perquisites of public officers

should be definitely and clearly fixed, so that the official may know

precisely the items of his lawful compensation and the people be

protected from extortion and imposition.

A public officer ought not to be expected to search very industriously

for a person to underbid him for official work, and if such a person

appeared the temptation to combination and conspiracy would in many

cases lead to abuse.

It will be observed that the officers are not given by this amendment

the option to do this work themselves at 10 cents per folio or secure a

competent person to do it at a less rate, nor, if they desire, are they

allowed to compete with those willing to accept a less compensation.

They may charge a fixed rate for the service if performed by them, but

in any event if they can procure another party to perform the services

for a less sum they must do so.

I am convinced that this bill in its present form, perhaps through

unfortunate phraseology, if it became a law would lead to confusion and

uncertainty and would invite practices against which the public service

ought to be carefully guarded.

GROVER CLEVELAND.

EXECUTIVE MANSION, _May 26, 1896_.

_To the House of Representatives_:

I return herewith without approval House bill No. 7161, entitled "An act

for the relief of Benjamin F. Jones."

This bill directs the payment to the beneficiary, late postmaster

at Beauregard, Miss., or to his order, of the sum of $50, in full

compensation for services and expenses in carrying and distributing

the mails between Wesson and Beauregard, in the State of Mississippi,

in 1883.

It appears from the report of the House committee recommending the

passage of this bill that on April 22, 1883, while Mr. Jones was

postmaster at Beauregard, a cyclone destroyed every building in the

place, including that in which the post-office was kept; that in

consequence of this disaster the mails for Beauregard were for a period

of thirty-five days, and until May 27, 1883, deposited at Wesson, 1 mile

distant; that during that time it became necessary to transport such

mails from Wesson to Beauregard, and that the postmaster caused this to

be done, at an expense of $97.

A report from the Postmaster-General discloses the fact that this claim

was presented to the Department in 1884 and was rejected on the ground

that if the service was performed as alleged it was not authorized or

directed by the Department.

In 1885 a suit was instituted against this postmaster and his sureties

for a balance due the Government from him on his official accounts for

the quarter ending June 30, 1883.

It will be observed that this quarter covered the period within which

the alleged services were performed.

In the suit referred to a judgment was recovered by the Government

against the postmaster for $190.45, being the balance found due from

him. This judgment still remains unpaid.

In this condition of affairs it is quite plain that in fairness and

justice no appropriation should be made in favor of the claimant.

It is the opinion of the Auditor of the Post-Office Department that even

if this bill becomes a law payment of the money appropriated should be

withheld under a section of the Revised Statutes which provides:

No money shall be paid to any person for his compensation who is in

arrears to the United States until he has accounted for and paid into

the Treasury all sums for which he may be liable.

GROVER CLEVELAND.

EXECUTIVE MANSION, _May 29, 1896_.

_To the House of Representatives_:

I return herewith without approval House bill No. 7977, entitled "An act

making appropriations for the construction, repair, and preservation of

certain public works on rivers and harbors, and for other purposes."

There are 417 items of appropriation contained in this bill, and every

part of the country is represented in the distribution of its favors.

It directly appropriates or provides for the immediate expenditure of

nearly $14,000,000 for river and harbor work. This sum is in addition to

appropriations contained in another bill for similar purposes amounting

to a little more than $3,000,000, which have already been favorably

considered at the present session of Congress.

The result is that the contemplated immediate expenditures for the

objects mentioned amount to about $17,000,000.

A more startling feature of this bill is its authorization of contracts

for river and harbor work amounting to more than $62,000,000. Though the

payments on these contracts are in most cases so distributed that they

are to be met by future appropriations, more than $3,000,000 on their

account are included in the direct appropriations above mentioned. Of

the remainder, nearly $20,000,000 will fall due during the fiscal year

ending June 30, 1898, and amounts somewhat less in the years immediately

succeeding. A few contracts of a like character authorized under

previous statutes are still outstanding, and to meet payments on these

more than $4,000,000 must be appropriated in the immediate future.

If, therefore, this bill becomes a law, the obligations which will be

imposed on the Government, together with the appropriations made for

immediate expenditure on account of rivers and harbors, will amount to

about $80,000,000. Nor is this all. The bill directs numerous surveys

and examinations which contemplate new work and further contracts and

which portend largely increased expenditures and obligations.

There is no ground to hope that in the face of persistent and growing

demands the aggregate of appropriations for the smaller schemes, not

covered by contracts, will be reduced or even remain stationary. For the

fiscal year ending June 30, 1898, such appropriations, together with the

installments on contracts which will fall due in that year, can hardly

be less than $30,000,000; and it may reasonably be apprehended that the

prevalent tendency toward increased expenditures of this sort and the

concealment which postponed payments afford for extravagance will

increase the burdens chargeable to this account in succeeding years.

In view of the obligation imposed upon me by the Constitution, it

seems to me quite clear that I only discharge a duty to our people when

I interpose my disapproval of the legislation proposed.

Many of the objects for which it appropriates public money are not

related to the public welfare, and many of them are palpably for the

benefit of limited localities or in aid of individual interests.

On the face of the bill it appears that not a few of these alleged

improvements have been so improvidently planned and prosecuted that

after an unwise expenditure of millions of dollars new experiments for

their accomplishment have been entered upon.

While those intrusted with the management of public funds in the

interest of all the people can hardly justify questionable expenditures

for public work by pleading the opinions of engineers or others as to

the practicability of such work, it appears that some of the projects

for which appropriations are proposed in this bill have been entered

upon without the approval or against the objections of the examining

engineers.

I learn from official sources that there are appropriations contained in

the bill to pay for work which private parties have actually agreed with

the Government to do in consideration of their occupancy of public

property.

Whatever items of doubtful propriety may have escaped observation or may

have been tolerated in previous Executive approvals of similar bills,

I am convinced that the bill now under consideration opens the way to

insidious and increasing abuses and is in itself so extravagant as to be

especially unsuited to these times of depressed business and resulting

disappointment in Government revenue. This consideration is emphasized

by the prospect that the public Treasury will be confronted with other

appropriations made at the present session of Congress amounting to more

than $500,000,000.

Individual economy and careful expenditure are sterling virtues

which lead to thrift and comfort. Economy and the exaction of clear

justification for the appropriation of public moneys by the servants

of the people are not only virtues, but solemn obligations.

To the extent that the appropriations contained in this bill are

instigated by private interests and promote local or individual projects

their allowance can not fail to stimulate a vicious paternalism and

encourage a sentiment among our people, already too prevalent, that

their attachment to our Government may properly rest upon the hope and

expectation of direct and especial favors and that the extent to which

they are realized may furnish an estimate of the value of governmental

care.

I believe no greater danger confronts us as a nation than the unhappy

decadence among our people of genuine and trustworthy love and affection

for our Government as the embodiment of the highest and best aspirations

of humanity, and not as the giver of gifts, and because its mission is

the enforcement of exact justice and equality, and not the allowance of

unfair favoritism.

I hope I may be permitted to suggest, at a time when the issue of

Government bonds to maintain the credit and financial standing of the

country is a subject of criticism, that the contracts provided for in

this bill would create obligations of the United States amounting to

$62,000,000 no less binding than its bonds for that sum.

GROVER CLEVELAND.

EXECUTIVE MANSION, _May 29, 1896_.

_To the Senate_:

I herewith return without approval Senate bill No. 147, entitled "An act

granting a pension to Elvira Bachelder."

This bill provides for a pension to the beneficiary as dependent mother

of "J.K.P. Bachelder, late a private in Company D, Seventh New Hampshire

Volunteer Infantry."

On the merits of the case I am satisfied this mother deserves a pension.

I withhold my approval of the bill intended to grant her this relief

solely because I am advised that the law would be inoperative for the

reason that the deceased soldier never served in the Seventh New

Hampshire Infantry, and should have been described in the bill as a

member of Company D, First New Hampshire Heavy Artillery.

GROVER CLEVELAND.

EXECUTIVE MANSION, _May 29, 1896_.

_To the House of Representatives_:

I herewith return without approval House bill No. 900, entitled "An act

to provide for the payment of the claim of William H. Mahoney."

This bill directs the Secretary of the Treasury to receive and pay to

W.H. Mahoney, without the indorsement of N.A. Rogers, a certain bond

issued by the United States in 1861 for the sum of $500, such payment to

be made upon the giving by said Mahoney of a bond to hold harmless the

United States against repayment of said bond.

The bond mentioned is one of a large issue which was authorized under an

act passed March 2, 1861, and known as Oregon war-debt bonds. They were

made payable in 1881.

In 1864 an act was passed directing the Secretary of the Treasury to

issue or cause to be issued to E.F. and Samuel A. Ward duplicates of

nineteen of these bonds, particularly described by their numbers and

otherwise. Among others are mentioned "Nos. 1352 to 1359, inclusive."

This of course includes the bond numbered 1358, which is directed to be

paid in the bill under consideration. Nothing can now be discovered to

indicate the occasion for the issuance of these duplicates, but from the

fact that a bond of indemnity was required it is inferred that they were

issued because of the loss or destruction of the original bonds.

Pursuant to this act a duplicate of the bond in question, among others,

was issued and made payable to the order of Thomas Pritchard, attorney,

who was the payee in the original bond.

In 1881 this duplicate was paid by the Treasury Department and is now in

possession of the Government. The indorsement of the payee, "Thomas

Pritchard, attorney," appears thereon and all other proper indorsements

to show title in the party to whom the payment was made.

The Government has therefore once paid the amount of this bond to the

party apparently entitled to it. If the beneficiary named in this bill

has a better right to the money, the Government, not being in default,

should be protected against double payment. I suppose to sustain a

claim upon the indemnity bond given when the duplicate was issued in

1864 we should be prepared to show that the second payment on the

original bond was made upon such a state of facts as compelled or at

least justified it. The passage of an act simply directing such payment

would alone not be sufficient. The bond directed to be given by this

bill would afford the Government no protection, since it only provides

against repayment of the bond in the future, whereas the payment we

should suffer from has already been made.

I suggest that an act be passed directing the Secretary of the Treasury

to investigate the entire subject with a view of determining to whom

this money should be paid, in a manner to bind, if possible, by the

results of the examination the party to whom it has already been paid,

and who should refund if another has a better right.

GROVER CLEVELAND.

EXECUTIVE MANSION, _May 30, 1896_.

_To the House of Representatives_:

I return without approval House bill No. 6037, entitled "An act granting

a pension to Mrs. Amanda Woodcock."

The bill provides for the granting of a pension to the beneficiary

therein named, describing her as the "widow of Robert Woodcock,

deceased, late a private in the Fourth United States Volunteer Infantry

in the Mexican War."

My action in this case is based upon the following statement concerning

the bill from the Pension Bureau:

The bill, if approved, would be inoperative, inasmuch as there was

no such organization in the Mexican War as named in the bill (Fourth

United States Volunteer Infantry), and the service alleged by the

soldier having been in the Fourth Kentucky Volunteer Infantry.

GROVER CLEVELAND.

EXECUTIVE MANSION, _May 30, 1896_.

_To the House of Representatives_:

I herewith return without approval House bill No. 4526, entitled "An act

granting a pension to Jonathan Scott."

This bill directs that the Secretary of the Interior place upon the

pension roll, at the rate of $72 per month, subject to the provisions

and limitations of the pension laws, the name of Jonathan Scott, late

of Company M, Sixth Regiment Iowa Volunteer Cavalry.

The beneficiary was dropped from the pension roll in October, 1895,

after a very thorough examination, for fraud, it appearing to the

satisfaction of the Pension Bureau that the disability for which he was

pensioned was not due to his army service. There certainly ought to be

a strong presumption that the case was fairly and justly determined by

the Bureau, and the evidence strongly tends to support the conclusion

reached. If restored to the rolls, such restoration would still be

"subject to the provisions and limitations of the pension laws," and he

would not be exempt from further investigation if circumstances or newly

developed facts justified such a course.

Whatever may be the merits of the case, however, I am advised by the

Pension Bureau that the bill, if it becomes a law in its present form,

would be inoperative for the reason that the beneficiary is therein

described as having been a member of the Sixth Regiment of Iowa

Volunteer Cavalry, whereas he actually served in the Fifth Regiment of

the Volunteer Cavalry of that State.

GROVER CLEVELAND.

EXECUTIVE MANSION, _June 1, 1896_.

_To the Senate_:

I herewith return without approval Senate bill No. 149, entitled "An act

granting a pension to Helen M. Jacob."

The purpose of this bill is to grant a pension of $12 per month to

"Helen M. Jacob, of Rochester, Ind., widow of Benjamin Oden West."

It appears from the records of the War Department that Benjamin O. West

served in the Mexican War from January to November in the year 1847. The

beneficiary named in this bill was married to him in 1850, and he died

in 1856. She was pensioned as his widow, and received such pension from

the date of her husband's death until April 17, 1861. On that date she

was married to William W. Jacob, whereupon her pension ceased, but two

minor children were awarded pensions and continued in receipt of the

same until January, 1873, when the youngest child became 16 years of

age.

The entire absence of any fixed or reasonable principle or rule

regulating private pension legislation at this time suggests the danger

of its near approach in many cases to caprice and favoritism.

Though I have in a number of instances deferred to the judgment of

Congress and refrained from interposing objections to bills of this

character which seemed to me to be of doubtful merit, I am unwilling to

follow such a wide departure from a palpably just pension theory and

assent to the establishment of such an unfortunate precedent as this

bill involves.

There is no duty or obligation due from the Government to a soldier's

widow except it be worked out through the deceased soldier. She is

pensioned only because he served his country and because through his

death she as his wife has lost his support. In other words, she becomes

a beneficiary of the Government because she is a soldier's widow. When

she marries again, and thus displaces the memory of her soldier husband

and surrenders all that belongs to soldier widowhood, she certainly

ought not on the death of her second husband to be allowed to claim that

she is again the soldier's widow.

GROVER CLEVELAND.

EXECUTIVE MANSION, _June 6, 1896_.

_To the House of Representatives_:

I hereby return without my approval House bill No. 8293, entitled "An

act making appropriations to supply deficiencies in the appropriations

for the fiscal year ending June 30, 1896, and for prior years, and for

other purposes."

To the extent that the Constitution has devolved upon the President a

participation in legislation I suppose his action on bills presented to

him for approval involves a duty to be performed, like others pertaining

to his office, with care and circumspection and in full view of his

responsibility to the people and his obligation to subserve the public

welfare. It is difficult to understand why under the Constitution it

should be necessary to submit proposed legislation to Executive scrutiny

and approval except to invoke the exercise of Executive judgment and

invite independent Executive action.

The unpleasant incidents which accompany the use of the veto power would

tempt its avoidance if such a course did not involve an abandonment of

constitutional duty and an assent to legislation for which the Executive

is not willing to share the responsibility.

I regret that I am constrained to disapprove an important appropriation

bill so near the close of the present session of Congress. I have,

however, by immediate action after the receipt of the bill, endeavored

to delay as little as possible a reconsideration of this proposed

legislation, though I am thus obliged to content myself with a less

complete explanation of my objections than would otherwise be submitted.

This bill is in many of its features far removed from a legitimate

deficiency bill, and it contains a number of appropriations which seem

to me to be exceedingly questionable. Without noticing in detail many of

these items, I shall refer to two of them which, in my judgment, justify

my action in the premises.

The bill appropriates $1,027,314.09 for a partial payment upon claims

which originated in depredations upon our commerce by French cruisers

and vessels during the closing years of the last century. They have

become quite familiar to those having Congressional experience, as they

have been pressed for recognition and payment, with occasional intervals

of repose, for nearly one hundred years.

These claims are based upon the allegations that France, being at war

with England, seized and condemned many American vessels and cargoes in

violation of the rules of international law and treaty provisions and

contrary to the duty she owed to our country as a neutral power and to

our citizens; that by reason of these acts claims arose in favor of such

of our citizens as were demnified against the French nation, which

claims our Government attempted to enforce, and that in concluding a

treaty with France in the year 1800 these claims were abandoned or

relinquished in consideration of the relinquishment of certain claims

which France charged against us.

Upon these statements it is insisted by those interested that we as a

nation having reaped a benefit in our escape from these French demands

against us through the abandonment of the claims of our citizens against

France, the Government became equitably bound as between itself and its

citizens to pay the claims thus relinquished.

I do not understand it to be asserted that there exists any legal

liability against the Government on account of its relation to these

claims. At the term of the Supreme Court just finished the Chief

Justice, in an opinion concerning them and the action of Congress in

appropriating for their payment, said:

We think that payments thus prescribed to be made were purposely

brought within the category of payments by way of gratuity--payments

of grace and not of right.

From the time the plan was conceived to charge the Government with

the payment of these claims they have abided in the atmosphere of

controversy. Every proposition presented in their support has been

stoutly disputed and every inference suggested in their favor has

been promptly challenged.

Thus, inasmuch as it must, I think, be conceded that if a state of war

existed between our country and France at the time these depredations

were committed our Government was not justified in claiming indemnity

for our citizens, it is asserted that we were at the time actually

engaged in war with the French nation. This position seems to be

sustained by an opinion of the Attorney-General of the United States

written in 1798 and by a number of decisions of the Supreme Court

delivered soon after that time.

We had certainly abrogated treaties with France, and our cruisers and

armed ships were roaming the seas capturing her vessels and property.

So, also, when it is asserted that the validity of these claims was

acknowledged in the treaty negotiations by the representatives of

France, their declarations to a contrary purport are exhibited.

And when it is alleged that the abandonment of these claims against

France was in consideration of great benefits to the Government, it is

as confidently alleged that they were in point of fact abandoned because

their enforcement was hopeless and that even if any benefit really

accrued to us by insistence upon their settlement in the course of

diplomatic negotiation such result gave no pretext for taxing the

Government with liability to the claimants.

Without noticing other considerations and contentions arising from the

alleged origin of these claims, a brief reference to their treatment in

the past and the development of their presentation may be useful and

pertinent.

It is, I believe, somewhat the fashion in interested quarters to speak

of the failure by the Government to pay these claims as such neglect

as amounts to repudiation and a denial of justice to citizens who have

suffered. Of course the original claimants have for years been beyond

the reach of relief; but as their descendants in each generation become

more numerous the volume of advocacy, importunity, and accusation

correspondingly increases. If injustice has been done in the refusal of

these claims, it began early in the present century and may be charged

against men then in public life more conversant than we can be with the

facts involved and whose honesty and sense of right ought to be secure

from suspicion.

As early as 1802 a committee of the House of Representatives reported

the facts connected with these claims, but apparently without

recommendation. No action was taken on the report. In 1803 a resolution

declaring that indemnity ought to be paid was negatived by a vote of the

same body. A favorable committee report was made in 1807, but it seems

that no legislative action resulted. In 1818 an adverse report was made

to the Senate, followed by the passage of a resolution declaring "that

the relief asked by the memorialists and petitioners ought not to be

granted." In 1822 and again in 1824 adverse committee reports on the

subject were made to the House, concluding with similar resolutions.

The presumption against these claims arising from such unfavorable

reports and resolutions and from the failure of Congress to provide for

their payment at a time so near the events upon which they are based can

not be destroyed by the interested cry of injustice and neglect of the

rights of our citizens.

Until 1846 these claims were from time to time pressed upon the

attention of Congress with varying fortunes, but never with favorable

legislative action. In that year, however, a bill was passed for their

ascertainment and satisfaction, and $5,000,000 were appropriated for

their payment. This bill was vetoed by President Polk,[31] who declared

that he could "perceive no legal or equitable ground upon which this

large appropriation can rest." This veto was sustained by the House of

Representatives.

Nine years afterwards, and in 1855, another bill was passed similar to

the one last mentioned, and appropriating for the settlement of these

claims a like sum of money. This bill was also vetoed,[32] President

Pierce concluding a thorough discussion of its demerits with these

words:

In view of what has been said there would seem to be no ground on which

to raise a liability of the United States, unless it be the assumption

that the United States are to be considered the insurer and the

guarantor of all claims, of whatever nature, which any individual

citizen may have against a foreign nation.

This veto was also sustained by the House of Representatives.

I think it will be found that in all bills proposed in former times for

the payment of these claims the sum to be appropriated for that purpose

did not exceed $5,000,000. It is now estimated that those already passed

upon, with those still pending for examination in the Court of Claims,

may amount to $25,000,000. This indicates either that the actual

sufferers or those nearer to them in time and blood than the present

claimants underestimated their losses or that there has been a great

development in the manner of their presentation.

Notwithstanding persistent efforts to secure payment from the

Government and the importunity of those interested, no appropriation has

ever been made for that purpose except a little more than $1,300,000,

which was placed in the general deficiency bill in the very last hours

of the session of Congress on March 3, 1891.

In the long list of beneficiaries who are provided for in the bill now

before me on account of these claims 152 represent the owners of ships

and their cargoes and 186 those who lost as insurers of such vessels or

cargoes.

These insurers by the terms of their policies undertook and agreed

"to bear and take upon themselves all risks and perils of the sea,

men-of-war, fire, enemies, rovers, thieves, jettison, letters of mart

and counter mart, surprisals, takings at sea, arrests, restraints, and

detainments of all kings, princes, or people of what nation, condition,

or quality whatsoever."

The premiums received on these policies were large, and the losses

were precisely those within the contemplation of the insurers. It is

well known that the business of insurance is entered upon with the

expectation that the premiums received will pay all losses and yield a

profit to the insurance in addition; and yet, without any showing that

the business did not result in a profit to these insurance claimants,

it is proposed that the Government shall indemnify them against the

precise risks they undertook, notwithstanding the fact that the money

appropriated is not to be paid except "by way of gratuity--payments

as of grace and not of right."

The appropriations to indemnify against insurance losses rest upon

weaker grounds, it seems to me, than those of owners; but in the light

of all the facts and circumstances surrounding these spoliation claims,

as they are called, none of them, in my opinion, should be paid by the

Government.

Another item in this bill which seems to me especially objectionable is

an appropriation in favor of Charles P. Chouteau, survivor, etc., of

$174,445.75, in full satisfaction of all claims arising out of the

construction of the ironclad steam battery _Etlah_.

The contract for the construction of this battery was made by the

Government with Charles W. McCord during the war, and he was to be paid

therefor the sum of $386,000. He was paid this sum and $210,991 for

extras, and in May, 1866, gave his receipt in full. The assignee of

McCord in bankruptcy assigned to Chouteau and his associates in 1868

all claims of McCord against the United States for the precise extras

for which he had receipted in full two years before. Chouteau brought

suit in the Court of Claims for such extras and was defeated. I can not

gather from the facts I have been able to collect concerning this

appropriation that it is justified on any ground.

In 1890 my immediate predecessor vetoed a bill allowing the matter to be

examined again by the Court of Claims.[33]

If the additional payment proposed in this bill was made, the cost of

the battery in question would be almost double that of the contract

price.

I have determined to submit this incomplete presentation of my

objections to this bill at once in order that the Congress may act

thereon without embarrassment or the interruption of plans for an early

adjournment.

GROVER CLEVELAND.

[Footnote 31: See Vol. IV, pp. 466-469.]

[Footnote 32: See Vol. V, pp. 307-322.]

[Footnote 33: See p. 93]

EXECUTIVE MANSION, _June 10, 1896_.

_To the House of Representatives_:

I herewith return without my approval House bill No. 225, entitled "An

act to provide for the lease of Fort Omaha Military Reservation to the

State of Nebraska."

This bill authorizes and directs the Secretary of War, when Fort Crook,

near the city of Omaha, is ready for occupancy, to lease for a nominal

rent to the State of Nebraska the possession of Fort Omaha Military

Reservation, containing about 80 acres, with all the buildings,

appurtenances, and improvements thereof. It is declared that the lease

shall be conditional upon the use of said reservation by the State of

Nebraska as a place of rendezvous and school of instruction for the

National Guard of said State; that the State of Nebraska shall while it

is in possession of said reservation keep the buildings and improvements

thereon in as good condition and repair as at the date it shall enter

into possession thereof, and that at any time when, in the judgment of

the Secretary of War, the interests of the United States shall require

such action he shall take possession of said military reservation for

the use of the Government, together with all the buildings,

appurtenances, and improvements thereon.

On the 23d day of July, 1888, an act was passed authorizing the

Secretary of War to purchase suitable grounds, of not less than 640

acres in extent, to be situate within 10 miles of the city of Omaha, and

to construct the necessary buildings thereon for a ten-company military

post, to be known as Fort Omaha, and a necessary sum, not exceeding

$200,000, was appropriated to enable the Secretary of War to carry out

the provisions of said act.

The said act also authorized the Secretary of War, when the purchase of

the new site should be effected, to sell the military reservation known

as Fort Omaha and such of the buildings and improvements thereon as

could not be economically removed to the new site, and to cause the said

reservation, for the purposes of said sale, to be platted in blocks,

streets, and alleys, if in his judgment it would inure to the benefit of

the Government in making a sale of such site.

The new site provided for by this act has been purchased, a large sum of

money has been spent by the Government in preparing it for use, and I

understand it will soon be ready for occupancy. The authority to sell

the old site has not been exercised. This may be accounted for by the

fact that the Government has not thus far been able to dispense with its

use or because the depression in land values at Omaha has rendered it

unadvisable.

The authority to sell and to remove any of the buildings from the old

reservation to the new site still remains, however, unimpaired. In this

condition of affairs it is now proposed to lease this land and these

buildings to the State of Nebraska at a nominal rent, allowing the

Government to repossess it only "when the interests of the United States

shall require such action."

Of course it would be claimed that this language, in view of the

statute of 1888, should not be construed as permitting the Government to

retake the property for the purpose of selling it, because that is not

stipulated in the bill. For that reason it would be plausibly urged that

the lease was paramount to the power of sale contained in the law of

1888 and that the omission of any provision that possession might be

resumed for the purpose of sale plainly indicated that "the interests of

the United States" which allow such resumption contemplate some other

and different emergency.

As a practical question, we all know that transactions of this character

relating to Government property amount to a permanent alienation, or

certainly pave the way for an absolute grant.

I do not think there should be anything done with this valuable property

which will in the least embarrass the Government in its sale, and to

that extent reimbursing itself for the cost of the new military post,

which was plainly contemplated in the law of 1888.

GROVER CLEVELAND.

PROCLAMATIONS.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas the Congress of the United States passed an act, which was

approved on the 16th day of July, 1894, entitled "An act to enable the

people of Utah to form a constitution and State government and to be

admitted into the Union on an equal footing with the original States,"

which act provided for the election of delegates to a constitutional

convention to meet at the seat of government of the Territory of Utah

on the first Monday in March, 1895, for the purpose of declaring the

adoption of the Constitution of the United States by the people of the

proposed State and forming a constitution and State government for such

State; and

Whereas delegates were accordingly elected, who met, organized, and

declared on behalf of the people of said proposed State their adoption

of the Constitution of the United States, all as provided in said act;

and

Whereas said convention, so organized, did, by ordinance irrevocable

without the consent of the United States and the people of said State,

as required by said act, provide that perfect toleration of religious

sentiment shall be secured and that no inhabitant of said State shall

ever be molested in person or property on account of his or her mode of

religious worship, but that polygamous or plural marriages are forever

prohibited, and did also by said ordinance make the other various

stipulations recited in section 3 of said act; and

Whereas said convention thereupon formed a constitution and State

government for said proposed State, which constitution, including said

ordinance, was duly submitted to the people thereof at an election held

on the Tuesday next after the first Monday of November, 1895, as

directed by said act; and

Whereas the return of said election has been made and canvassed and the

result thereof certified to me, together with a statement of the votes

cast and a copy of said constitution and ordinance, all as provided in

said act, showing that a majority of the votes lawfully cast at such

election was for the ratification and adoption of said constitution and

ordinance; and

Whereas the constitution and government of said proposed State are

republican in form, said constitution is not repugnant to the

Constitution of the United States and the Declaration of Independence,

and all the provisions of said act have been complied with in the

formation of said constitution and government:

Now, therefore, I, Grover Cleveland, President of the United States

of America, in accordance with the act of Congress aforesaid and by

authority thereof, announce the result of said election to be as so

certified and do hereby declare and proclaim that the terms and

conditions prescribed by the Congress of the United States to entitle

the State of Utah to admission into the Union have been duly complied

with and that the creation of said State and its admission into the

Union on an equal footing with the original States is now accomplished.

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 4th day of January, A.D. 1896, 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 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 the

United States of Mexico the law permits to citizens of the United States

of America the benefit of copyright on substantially the same basis as

to the citizens of that Republic:

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 citizens of the United States of Mexico.

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 27th day of February, 1896, and of

the Independence of the United States 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 in a suit between the United States and the State of Texas

involving the title to and jurisdiction over all that territory lying

between the North and South forks of the Red River and the one hundredth

degree of longitude, known and styled as "Greer County, Tex.," the

Supreme Court of the United States has decided that the title to and

jurisdiction over said territory is vested in the United States; and

Whereas the Choctaw Nation claims that the title to these lands passed

to said nation by virtue of treaties with the United States and that the

title of said nation to said lands has not been extinguished, but that

said Choctaw Nation has a right and interest therein; and

Whereas it is claimed that divers persons settled upon said lands prior

to the 30th day of December, 1887, acting in good faith upon the belief

that the same belonged to and were subject to the jurisdiction of the

State of Texas and that Congress will be asked to extend to all such

settlers suitable relief:

Now, therefore, I, Grover Cleveland, President of the United States,

by virtue of the authority in me vested, not admitting in any wise the

validity of such claim on behalf of the Choctaw Nation, but for the

purpose of preserving the status of said lands intact until such time

as said claim of the Choctaw Nation thereto may be duly determined, and

that the settlers herein before referred to shall not be disturbed until

Congress shall have fully considered their claims for relief, do hereby

withdraw said lands from disposition under the public-land laws of the

United States and declare the same to be in a state of reservation until

such time as this order of withdrawal may be revoked; and I do further

warn and admonish all persons against entering upon said lands with a

view to occupying the same or settling thereon under the public-land

laws during the existence of this order.

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 March, A.D. 1896, and

of the Independence of the United States 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.

The following provisions of the laws of the United States are published

hereby 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.

A Compilation of the Messages and Papers of the Presidents. Volume 8, part 2: Grover Cleveland · 第 2 / 6 章