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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.

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