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State of the Union Address
Ulysses S. Grant
December 1, 1873
To the Senate and House of Representatives:
The year that has passed since the submission of my last message to
Congress has, especially during the latter part of it, been an eventful one
to the country. In the midst of great national prosperity a financial
crisis has occurred that has brought low fortunes of gigantic proportions;
political partisanship has almost ceased to exist, especially in the
agricultural regions; and, finally, the capture upon the high seas of a
vessel bearing our flag has for a time threatened the most serious
consequences, and has agitated the public mind from one end of the country
to the other. But this, happily, now is in the course of satisfactory
adjustment, honorable to both nations concerned.
The relations of the United States, however, with most of the other powers
continue to be friendly and cordial. With France, Germany, Russia, Italy,
and the minor European powers; with Brazil and most of the South American
Republics, and with Japan, nothing has occurred during the year to demand
special notice. The correspondence between the Department of State and
various diplomatic representatives in or from those countries is
transmitted herewith.
In executing the will of Congress, as expressed in its joint resolution of
the 14th of February last, and in accordance with the provisions of the
resolution, a number of "practical artisans," of "scientific men," and of
"honorary commissioners" were authorized to attend the exposition at Vienna
as commissioners on the part of the United States. It is believed that we
have obtained the object which Congress had in view when it passed the
joint resolution--"in order to enable the people of the United States to
participate in the advantages of the International Exhibition of the
Products of Agriculture, Manufactures, and the Fine Arts to be held at
Vienna." I take pleasure in adding that the American exhibitors have
received a gratifying number of diplomas and of medals.
During the exposition a conference was held at Vienna for the purpose of
consultation on the systems prevailing in different countries for the
protection of inventions. I authorized a representative from the Patent
Office to be present at Vienna at the time when this conference was to take
place, in order to aid as far as he might in securing any possible
additional protection to American inventors in Europe. The report of this
agent will be laid before Congress.
It is my pleasant duty to announce to Congress that the Emperor of China,
on attaining his majority, received the diplomatic representatives of the
Western powers in person. An account of these ceremonies and of the
interesting discussions which preceded them will be found in the documents
transmitted herewith. The accompanying papers show that some advance,
although slight, has been made during the past year toward the suppression
of the infamous Chinese cooly trade. I recommend Congress to inquire
whether additional legislation be not needed on this subject.
The money awarded to the United States by the tribunal of arbitration at
Geneva was paid by Her Majesty's Government a few days in advance of the
time when it would have become payable according to the terms of the
treaty. In compliance with the provisions of the act of March 3, 1873, it
was at once paid into the Treasury, and used to redeem, so far as it might,
the public debt of the United States; and the amount so redeemed was
invested in a 5 per cent registered bond of the United States for
$15,500,000, which is now held by the Secretary of State, subject to the
future disposition of Congress.
I renew my recommendation, made at the opening of the last session of
Congress, that a commission be created for the purpose of auditing and
determining the amounts of the several "direct losses growing out of the
destruction of vessels and their cargoes" by the Alabama, the Florida, or
the Shenandoah after leaving Melbourne, for which the sufferers have
received no equivalent or compensation, and of ascertaining the names of
the persons entitled to receive compensation for the same, making the
computations upon the basis indicated by the tribunal of arbitration at
Geneva; and that payment of such losses be authorized to an extent not to
exceed the awards of the tribunal at Geneva.
By an act approved on the 14th day of February last Congress made provision
for completing, jointly with an officer or commissioner to be named by Her
Britannic Majesty, the determination of so much of the boundary line
between the territory of the United States and the possessions of Great
Britain as was left uncompleted by the commissioners appointed under the
act of Congress of August 11, 1856. Under the provisions of this act the
northwest water boundary of the United States has been determined and
marked in accordance with the award of the Emperor of Germany. A protocol
and a copy of the map upon which the line was thus marked are contained in
the papers submitted herewith.
I also transmit a copy of the report of the commissioner for marking the
northern boundary between the United States and the British possessions
west of the Lake of the Woods, of the operations of the commission during
the past season. Surveys have been made to a point 497 miles west of the
Lake of the Woods, leaving about 350 miles to be surveyed, the field work
of which can be completed during the next season.
The mixed commission organized under the provisions of the treaty of
Washington for settling and determining the claims of citizens of either
power against the other arising out of acts committed against their persons
or property during the period between April 13, 1861, and April 9, 1865,
made its final award on the 25th day of September last. It was awarded that
the Government of the United States should pay to the Government of Her
Britannic Majesty, within twelve months from the date of the award, the sum
of $1,929,819 in gold. The commission disallowed or dismissed all other
claims of British subjects against the United States. The amount of the
claims presented by the British Government, but disallowed or dismissed, is
understood to be about $93,000,000. It also disallowed all the claims of
citizens of the United States against Great Britain which were referred to
it.
I recommend the early passage of an act appropriating the amount necessary
to pay this award against the United States.
I have caused to be communicated to the Government of the King of Italy the
thanks of this Government for the eminent services rendered by Count Corti
as the third commissioner on this commission. With dignity, learning, and
impartiality he discharged duties requiring great labor and constant
patience, to the satisfaction, I believe, of both Governments. I recommend
legislation to create a special court, to consist of three judges, who
shall be empowered to hear and determine all claims of aliens upon the
United States arising out of acts committed against their persons or
property during the insurrection. The recent reference under the treaty of
Washington was confined to claims of British subjects arising during the
period named in the treaty; but it is understood that there are other
British claims of a similar nature, arising after the 9th of April, 1865,
and it is known that other claims of a like nature are advanced by citizens
or subjects of other powers. It is desirable to have these claims also
examined and disposed of.
Official information being received from the Dutch Government of a state of
war between the King of the Netherlands and the Sultan of Acheen, the
officers of the United States who were near the seat of the war were
instructed to observe an impartial neutrality. It is believed that they
have done so.
The joint commission under the convention with Mexico of 1868, having again
been legally prolonged, has resumed its business, which, it is hoped, may
be brought to an early conclusion. The distinguished representative of Her
Britannic Majesty at Washington has kindly consented, with the approval of
his Government, to assume the arduous and responsible duties of umpire in
this commission, and to lend the weight of his character and name to such
decisions as may not receive the acquiescence of both the arbitrators
appointed by the respective Governments.
The commissioners appointed pursuant to the authority of Congress to
examine into the nature and extent of the forays by trespassers from that
country upon the herds of Texas have made a report, which will be submitted
for your consideration.
The Venezuelan Government has been apprised of the sense of Congress in
regard to the awards of the joint commission under the convention of 25th
April, 1866, as expressed in the act of the 25th of February last.
It is apprehended that that Government does not realize the character of
its obligations under that convention. As there is reason to believe,
however, that its hesitancy in recognizing them springs, in part at least,
from real difficulty in discharging them in connection with its obligations
to other governments, the expediency of further forbearance on our part is
believed to be worthy of your consideration.
The Ottoman Government and that of Egypt have latterly shown a disposition
to relieve foreign consuls of the judicial powers which heretofore they
have exercised in the Turkish dominions, by organizing other tribunals. As
Congress, however, has by law provided for the discharge of judicial
functions by consuls of the United States in that quarter under the treaty
of 1830, I have not felt at liberty formally to accept the proposed change
without the assent of Congress, whose decision upon the subject at as early
a period as may be convenient is earnestly requested.
I transmit herewith, for the consideration and determination of Congress,
an application of the Republic of Santo Domingo to this Government to
exercise a protectorate over that Republic.
Since the adjournment of Congress the following treaties with foreign
powers have been proclaimed: A naturalization convention with Denmark; a
convention with Mexico for renewing the Claims Commission; a convention of
friendship, commerce, and extradition with the Orange Free State, and a
naturalization convention with Ecuador.
I renew the recommendation made in my message of December, 1870, that
Congress authorize the Postmaster-General to issue all commissions to
officials appointed through his Department.
I invite the earnest attention of Congress to the existing laws of the
United States respecting expatriation and the election of nationality by
individuals. Many citizens of the United States reside permanently abroad
with their families. Under the provisions of the act approved February 10,
1855, the children of such persons are to be deemed and taken to be
citizens of the United States, but the rights of citizenship are not to
descend to persons whose fathers never resided in the United States.
It thus happens that persons who have never resided within the United
States have been enabled to put forward a pretension to the protection of
the United States against the claim to military service of the government
under whose protection they were born and have been reared. In some cases
even naturalized citizens of the United States have returned to the land of
their birth, with intent to remain there, and their children, the issue of
a marriage contracted there after their return, and who have never been in
the United States, have laid claim to our protection when the lapse of many
years had imposed upon them the duty of military service to the only
government which had ever known them personally.
Until the year 1868 it was left, embarrassed by conflicting opinions of
courts and of jurists, to determine how far the doctrine of perpetual
allegiance derived from our former colonial relations with Great Britain
was applicable to American citizens. Congress then wisely swept these
doubts away by enacting that--Any declaration, instruction, opinion,
order, or decision of any officer of this Government which denies,
restricts, impairs, or questions the right of expatriation is inconsistent
with the fundamental principles of this Government. But Congress did not
indicate in that statute, nor has it since done so, what acts are to be
deemed to work expatriation. For my own guidance in determining such
questions I required (under the provisions of the Constitution) the opinion
in writing of the principal officer in each of the Executive Departments
upon certain questions relating to this subject. The result satisfies me
that further legislation has become necessary. I therefore commend the
subject to the careful consideration of Congress, and I transmit herewith
copies of the several opinions of the principal officers of the Executive
Departments, together with other correspondence and pertinent information
on the same subject.
The United States, who led the way in the overthrow of the feudal doctrine
of perpetual allegiance, are among the last to indicate how their own
citizens may elect another nationality. The papers submitted herewith
indicate what is necessary to place us on a par with other leading nations
in liberality of legislation on this international question. We have
already in our treaties assented to the principles which would need to be
embodied in laws intended to accomplish such results. We have agreed that
citizens of the United States may cease to be citizens and may voluntarily
render allegiance to other powers. We have agreed that residence in a
foreign land, without intent to return, shall of itself work expatriation.
We have agreed in some instances upon the length of time necessary for such
continued residence to work a presumption of such intent. I invite Congress
now to mark out and define when and how expatriation can be accomplished;
to regulate by law the condition of American women marrying foreigners; to
fix the status of children born in a foreign country of American parents
residing more or less permanently abroad, and to make rules for determining
such other kindred points as may seem best to Congress.
In compliance with the request of Congress, I transmitted to the American
minister at Madrid, with instructions to present it to the Spanish
Government, the joint resolution approved on the 3d of March last,
tendering to the people of Spain, in the name and on the behalf of the
American people, the congratulations of Congress upon the efforts to
consolidate in Spain the principles of universal liberty in a republican
form of government.
The existence of this new Republic was inaugurated by striking the fetters
from the slaves in Porto Rico. This beneficent measure was followed by the
release of several thousand persons illegally held as slaves in Cuba. Next,
the Captain-General of that colony was deprived of the power to set aside
the orders of his superiors at Madrid, which had pertained to the office
since 1825. The sequestered estates of American citizens, which had been
the cause of long and fruitless correspondence, were ordered to be restored
to their owners. All these liberal steps were taken in the face of a
violent opposition directed by the reactionary slave-holders of Havana, who
are vainly striving to stay the march of ideas which has terminated slavery
in Christendom, Cuba only excepted. Unhappily, however, this baneful
influence has thus far succeeded in defeating the efforts of all
liberal-minded men in Spain to abolish slavery in Cuba, and in preventing
the promised reform in that island. The struggle for political supremacy
continues there.
The proslavery and aristocratic party in Cuba is gradually arraigning
itself in more and more open hostility and defiance of the home government,
while it still maintains a political connection with the Republic in the
peninsula; and although usurping and defying the authority of the home
government whenever such usurpation or defiance tends in the direction of
oppression or of the maintenance of abuses, it is still a power in Madrid,
and is recognized by the Government. Thus an element more dangerous to
continued colonial relations between Cuba and Spain than that which
inspired the insurrection at Yara--an element opposed to granting any
relief from misrule and abuse, with no aspirations after freedom,
commanding no sympathies in generous breasts, aiming to rivet still
stronger the shackles of slavery and oppression--has seized many of the
emblems of power in Cuba, and, under professions of loyalty to the mother
country, is exhausting the resources of the island, and is doing acts which
are at variance with those principles of justice, of liberality, and of
right which give nobility of character to a republic. In the interests of
humanity, of civilization, and of progress, it is to be hoped that this
evil influence may be soon averted.
The steamer Virginius was on the 26th day of September, 1870, duly
registered at the port of New York as a part of the commercial marine of
the United States. On the 4th of October, 1870, having received the
certificate of her register in the usual legal form, she sailed from the
port of New York and has not since been within the territorial jurisdiction
of the United States. On the 31st day of October last, while sailing under
the flag of the United States on the high seas, she was forcibly seized by
the Spanish gunboat Tornado, and was carried into the port of Santiago de
Cuba, where fifty-three of her passengers and crew were inhumanly, and, so
far at least as relates to those who were citizens of the United States,
without due process of law, put to death.
It is a well-established principle, asserted by the United States from the
beginning of their national independence, recognized by Great Britain and
other maritime powers, and stated by the Senate in a resolution passed
unanimously on the 16th of June, 1858, that--American vessels on the high
seas in time of peace, bearing the American flag, remain under the
jurisdiction of the country to which they belong, and therefore any
visitation, molestation, or detention of such vessel by force, or by the
exhibition of force, on the part of a foreign power is in derogation of the
sovereignty of the United States. In accordance with this principle, the
restoration of the Virginius and the surrender of the survivors of her
passengers and crew, and a due reparation to the flag, and the punishment
of the authorities who had been guilty of the illegal acts of violence,
were demanded. The Spanish Government has recognized the justice of the
demand, and has arranged for the immediate delivery of the vessel, and for
the surrender of the survivors of the passengers and crew, and for a salute
to the flag, and for proceedings looking to the punishment of those who may
be proved to have been guilty of illegal acts of violence toward citizens
of the United States, and also toward indemnifying those who may be shown
to be entitled to indemnity. A copy of a protocol of a conference between
the Secretary of State and the Spanish minister, in which the terms of this
arrangement were agreed to, is transmitted herewith.
The correspondence on this subject with the legation of the United States
in Madrid was conducted in cipher and by cable, and needs the verification
of the actual text of the correspondence. It has seemed to me to be due to
the importance of the case not to submit this correspondence until the
accurate text can be received by mail. It is expected shortly, and will be
submitted when received.
In taking leave of this subject for the present I wish to renew the
expression of my conviction that the existence of African slavery in Cuba
is a principal cause of the lamentable condition of the island. I do not
doubt that Congress shares with me the hope that it will soon be made to
disappear, and that peace and prosperity may follow its abolition.
The embargoing of American estates in Cuba, cruelty to American citizens
detected in no act of hostility to the Spanish Government, the murdering of
prisoners taken with arms in their hands, and, finally, the capture upon
the high seas of a vessel sailing under the United States flag and bearing
a United States registry have culminated in an outburst of indignation that
has seemed for a time to threaten war. Pending negotiations between the
United States and the Government of Spain on the subject of this capture, I
have authorized the Secretary of the Navy to put our Navy on a war footing,
to the extent, at least, of the entire annual appropriation for that branch
of the service, trusting to Congress and the public opinion of the American
people to justify my action.
Assuming from the action of the last Congress in appointing a Committee on
Privileges and Elections to prepare and report to this Congress a
constitutional amendment to provide a better method of electing the
President and Vice-President of the United States, and also from the
necessity of such an amendment, that there will be submitted to the State
legislatures for ratification such an improvement in our Constitution, I
suggest two others for your consideration:
First. To authorize the Executive to approve of so much of any measure
passing the two Houses of Congress as his judgment may dictate, without
approving the whole, the disapproved portion or portions to be subjected to
the same rules as now, to wit, to be referred back to the House in which
the measure or measures originated, and, if passed by a two-thirds vote of
the two Houses, then to become a law without the approval of the President.
I would add to this a provision that there should be no legislation by
Congress during the last twenty-four hours of its sitting, except upon
vetoes, in order to give the Executive an opportunity to examine and
approve or disapprove bills understandingly.
Second. To provide by amendment that when an extra session of Congress is
convened by Executive proclamation legislation during the continuance of
such extra session shall be confined to such subjects as the Executive may
bring before it from time to time in writing.
The advantages to be gained by these two amendments are too obvious for me
to comment upon them. One session in each year is provided for by the
Constitution, in which there are no restrictions as to the subjects of
legislation by Congress. If more are required, it is always in the power of
Congress, during their term of office, to provide for sessions at any time.
The first of these amendments would protect the public against the many
abuses and waste of public moneys which creep into appropriation bills and
other important measures passing during the expiring hours of Congress, to
which otherwise due consideration can not be given.