Messages and Papers of Rutherford B. Hayes
by
James D. Richardson
Part 5 out of 6
this arrangement was made, so as to apply to all other dutiable
articles received in the mails from foreign countries.
The reports of the Secretary of the Interior and of the Commissioner
of Indian Affairs, setting forth the present state of our relations
with the Indian tribes on our territory, the measures taken to advance
their civilization and prosperity, and the progress already achieved
by them, will be found of more than ordinary interest. The general
conduct of our Indian population has been so satisfactory that the
occurrence of two disturbances, which resulted in bloodshed and
destruction of property, is all the more to be lamented.
The history of the outbreak on the White River Ute Reservation, in
western Colorado, has become so familiar by elaborate reports in the
public press that its remarkable incidents need not be stated here
in detail. It is expected that the settlement of this difficulty will
lead to such arrangements as will prevent further hostile contact
between the Indians and the border settlements in western Colorado.
The other disturbance occurred at the Mescalero Agency, in New Mexico,
where Victoria, at the head of a small band of marauders, after
committing many atrocities, being vigorously chased by a military
force, made his way across the Mexican border and is now on foreign
soil.
While these occurrences, in which a comparatively small number of
Indians were engaged, are most deplorable, a vast majority of our
Indian population have fully justified the expectations of those who
believe that by humane and peaceful influences the Indian can be led
to abandon the habits of savage life and to develop a capacity for
useful and civilized occupations. What they have already accomplished
in the pursuit of agricultural and mechanical work, the remarkable
success which has attended the experiment of employing as freighters
a class of Indians hitherto counted among the wildest and most
intractable, and the general and urgent desire expressed by them for
the education of their children may be taken as sufficient proof that
they will be found capable of accomplishing much more if they continue
to be wisely and fairly guided. The "Indian policy" sketched in the
report of the Secretary of the Interior, the object of which is to
make liberal provision for the education of Indian youth, to settle
the Indians upon farm lots in severalty, to give them title in fee to
their farms, inalienable for a certain number of years, and when their
wants are thus provided for to dispose by sale of the lands on their
reservations not occupied and used by them, a fund to be formed out
of the proceeds for the benefit of the Indians, which will gradually
relieve the Government of the expenses now provided for by annual
appropriations, must commend itself as just and beneficial to the
Indians, and as also calculated to remove those obstructions which
the existence of large reservations presents to the settlement and
development of the country. I therefore earnestly recommend the
enactment of a law enabling the Government to give Indians a title in
fee, inalienable for twenty-five years, to the farm lands assigned to
them by allotment. I also repeat the recommendation made in my first
annual message, that a law be passed admitting Indians who can give
satisfactory proof of having by their own labor supported their
families for a number of years, and who are willing to detach
themselves from their tribal relations, to the benefit of the
homestead act, and to grant them patents containing the same provision
of inalienability for a certain period.
The experiment of sending a number of Indian children of both sexes to
the Hampton Normal and Agricultural Institute, in Virginia, to receive
an elementary English education and practical instruction in farming
and other useful industries, has led to results so promising that it
was thought expedient to turn over the cavalry barracks at Carlisle,
in Pennsylvania, to the Interior Department for the establishment of
an Indian school on a larger scale. This school has now 158 pupils,
selected from various tribes, and is in full operation. Arrangements
are also made for the education of a number of Indian boys and girls
belonging to tribes on the Pacific Slope in a similar manner, at
Forest Grove, in Oregon. These institutions will commend themselves to
the liberality of Congress and to the philanthropic munificence of the
American people.
Last spring information was received of the organization of an
extensive movement in the Western States, the object of which was
the occupation by unauthorized persons of certain lands in the Indian
Territory ceded by the Cherokees to the Government for the purpose of
settlement by other Indian tribes.
On the 26th of April I issued a proclamation[40] warning all persons
against participation in such an attempt, and by the cooperation of a
military force the invasion was promptly checked. It is my purpose to
protect the rights of the Indian inhabitants of that Territory to the
full extent of the executive power; but it would be unwise to ignore
the fact that a territory so large and so fertile, with a population
so sparse and with so great a wealth of unused resources, will be
found more exposed to the repetition of such attempts as happened
this year when the surrounding States are more densely settled and the
westward movement of our population looks still more eagerly for
fresh lands to occupy. Under such circumstances the difficulty of
maintaining the Indian Territory in its present state will greatly
increase, and the Indian tribes inhabiting it would do well to prepare
for such a contingency. I therefore fully approve of the advice given
to them by the Secretary of the Interior on a recent occasion, to
divide among themselves in severalty as large a quantity of their
lands as they can cultivate; to acquire individual title in fee
instead of their present tribal ownership in common, and to consider
in what manner the balance of their lands may be disposed of by the
Government for their benefit. By adopting such a policy they would
more certainly secure for themselves the value of their possessions,
and at the same time promote their progress in civilization and
prosperity, than by endeavoring to perpetuate the present state of
things in the Territory.
The question whether a change in the control of the Indian service
should be made was in the Forty-fifth Congress referred to a joint
committee of both Houses for inquiry and report. In my last annual
message I expressed the hope that the decision of that question, then
in prospect, would "arrest further agitation of this subject, such
agitation being apt to produce a disturbing effect upon the service as
well as on the Indians themselves." Since then, the committee having
reported, the question has been decided in the negative by a vote in
the House of Representatives.
For the reasons here stated, and in view of the fact that further
uncertainty on this point will be calculated to obstruct other
much-needed legislation, to weaken the discipline of the service, and
to unsettle salutary measures now in progress for the government and
improvement of the Indians, I respectfully recommend that the decision
arrived at by Congress at its last session be permitted to stand.
The efforts made by the Department of the Interior to arrest the
depredations on the timber lands of the United States have been
continued, and have met with considerable success. A large number of
cases of trespass have been prosecuted in the courts of the United
States; others have been settled, the trespassers offering to make
payment to the Government for the value of the timber taken by them.
The proceeds of these prosecutions and settlements turned into the
Treasury far exceed in amount the sums appropriated by Congress for
this purpose. A more important result, however, consists in the fact
that the destruction of our public forests by depredation, although
such cases still occur, has been greatly reduced in extent, and it
is probable that if the present policy is vigorously pursued and
sufficient provision to that end is made by Congress such trespasses,
at least those on a large scale, can be entirely suppressed, except
in the Territories, where timber for the daily requirements of the
population can not, under the present state of the law, be otherwise
obtained. I therefore earnestly invite the attention of Congress to
the recommendation made by the Secretary of the Interior, that a law
be enacted enabling the Government to sell timber from the public
lands without conveying the fee, where such lands are principally
valuable for the timber thereon, such sales to be so regulated as to
conform to domestic wants and business requirements, while at the
same time guarding against a sweeping destruction of the forests. The
enactment of such a law appears to become a more pressing necessity
every day.
My recommendations in former messages are renewed in favor of
enlarging the facilities of the Department of Agriculture. Agriculture
is the leading interest and the permanent industry of our people. It
is to the abundance of agricultural production, as compared with our
home consumption, and the largely increased and highly profitable
market abroad which we have enjoyed in recent years, that we are
mainly indebted for our present prosperity as a people. We must look
for its continued maintenance to the same substantial resource.
There is no branch of industry in which labor, directed by scientific
knowledge, yields such increased production in comparison with
unskilled labor, and no branch of the public service to which the
encouragement of liberal appropriations can be more appropriately
extended. The omission to render such aid is not a wise economy,
but, on the contrary, undoubtedly results in losses of immense sums
annually that might be saved through well-directed efforts by the
Government to promote this vital interest.
The results already accomplished with the very limited means
heretofore placed at the command of the Department of Agriculture is
an earnest of what may be expected with increased appropriations for
the several purposes indicated in the report of the Commissioner, with
a view to placing the Department upon a footing which will enable it
to prosecute more effectively the objects for which it is established.
Appropriations are needed for a more complete laboratory, for the
establishment of a veterinary division and a division of forestry, and
for an increase of force.
The requirements for these and other purposes, indicated in the report
of the Commissioner under the head of the immediate necessities of the
Department, will not involve any expenditure of money that the country
can not with propriety now undertake in the interests of agriculture.
It is gratifying to learn from the Bureau of Education the extent to
which educational privileges throughout the United States have been
advanced during the year. No more fundamental responsibility rests
upon Congress than that of devising appropriate measures of financial
aid to education, supplemental to local action in the States and
Territories and in the District of Columbia. The wise forethought of
the founders of our Government has not only furnished the basis for
the support of the common-school systems of the newer States, but laid
the foundations for the maintenance of their universities and colleges
of agriculture and the mechanic arts. Measures in accordance with this
traditional policy, for the further benefit of all these interests and
the extension of the same advantages to every portion of the country,
it is hoped will receive your favorable consideration.
To preserve and perpetuate the national literature should be among the
foremost cares of the National Legislature. The library gathered at
the Capitol still remains unprovided with any suitable accommodations
for its rapidly increasing stores. The magnitude and importance of the
collection, increased as it is by the deposits made under the law of
copyright, by domestic and foreign exchanges, and by the scientific
library of the Smithsonian Institution, call for building
accommodations which shall be at once adequate and fireproof. The
location of such a public building, which should provide for the
pressing necessities of the present and for the vast increase of the
nation's books in the future, is a matter which addresses itself to
the discretion of Congress. It is earnestly recommended as a measure
which should unite all suffrages and which should no longer be
delayed.
The joint commission created by the act of Congress of August 2, 1876,
for the purpose of supervising and directing the completion of the
Washington National Monument, of which commission the President is a
member, has given careful attention to this subject, and already the
strengthening of the foundation has so far progressed as to insure the
entire success of this part of the work. A massive layer of masonry
has been introduced below the original foundation, widening the base,
increasing the stability of the structure, and rendering it possible
to carry the shaft to completion. It is earnestly recommended that
such further appropriations be made for the continued prosecution
of the work as may be necessary for the completion of this national
monument at an early day.
In former messages, impressed with the importance of the subject,
I have taken occasion to commend to Congress the adoption of a
generous policy toward the District of Columbia. The report of
the Commissioners of the District, herewith transmitted, contains
suggestions and recommendations, to all of which I earnestly invite
your careful attention. I ask your early and favorable consideration
of the views which they express as to the urgent need of legislation
for the reclamation of the marshes of the Potomac and its Eastern
Branch within the limits of the city, and for the repair of the
streets of the capital, heretofore laid with wooden blocks and now by
decay rendered almost impassable and a source of imminent danger
to the health of its citizens. The means at the disposal of the
Commissioners are wholly inadequate for the accomplishment of these
important works, and should be supplemented by timely appropriations
from the Federal Treasury.
The filling of the flats in front of the city will add to the adjacent
lands and parks now owned by the United States a large and valuable
domain, sufficient, it is thought, to reimburse its entire cost, and
will also, as an incidental result, secure the permanent improvement
of the river for the purposes of navigation.
The Constitution having invested Congress with supreme and exclusive
jurisdiction over the District of Columbia, its citizens must of
necessity look to Congress alone for all needful legislation affecting
their interests; and as the territory of this District is the common
property of the people of the United States, who equally with its
resident citizens are interested in the prosperity of their capital,
I can not doubt that you will be amply sustained by the general voice
of the country in any measures you may adopt for this purpose.
I also invite the favorable consideration of Congress to the wants of
the public schools of this District, as exhibited in the report of the
Commissioners. While the number of pupils is rapidly increasing,
no adequate provision exists for a corresponding increase of school
accommodation, and the Commissioners are without the means to meet
this urgent need. A number of the buildings now used for school
purposes are rented, and are in important particulars unsuited for the
purpose. The cause of popular education in the District of Columbia is
surely entitled to the same consideration at the hands of the
National Government as in the several States and Territories, to which
munificent grants of the public lands have been made for the endowment
of schools and universities.
RUTHERFORD B. HAYES.
[Footnote 40: See pp. 547-548.]
SPECIAL MESSAGES.
EXECUTIVE MANSION, _December 19, 1879_.
_To the Senate and House of Representatives_:
I have the honor to transmit herewith a draft of a bill submitted
by the Board of Commissioners of the District of Columbia, entitled
"A bill to provide for the reclamation of the marshes in the harbors
of the cities of Washington and Georgetown, and for other purposes,"
together with the accompanying letter of the president of the board
requesting its transmission to Congress.
The bill embraces a plan for the reclamation of the marshes of the
Potomac River and its Eastern Branch within the limits of the city
of Washington, and is carefully framed with a view to economy in the
prosecution of the work. The attention of Congress is again invited to
the urgent need of legislation for this important work, which has been
so long delayed.
The improvement contemplated is essential to the health of those who
reside, whether permanently or temporarily, at the capital, and to
the safe and convenient navigation of the waters in its vicinity by
vessels employed in the service of the Government and for the purposes
of commerce. It is a measure of more than local benefit. The capital
of the nation should be relieved from every disadvantage which it is
practicable to remove, and should possess every attraction with which
it can be invested by the intelligent and fostering care of those
who are intrusted with its immediate supervision. The people of the
country will sustain and approve the efforts of their representatives
in the discharge of this responsibility.
R.B. HAYES.
EXECUTIVE MANSION, _January 7, 1880_.
_To the Senate of the United States_:
In reply to a resolution of the Senate of December 3, 1879, requesting
the President of the United States to inform the Senate whether
payments have been made to the Ute Indians in accordance with the
fourth article of an agreement made with said Indians September 3,
1873, I transmit herewith a letter from the Secretary of the Interior
and accompanying papers.
R.B. HAYES.
WASHINGTON, _January 12, 1880_.
_To the House of Representatives_:
In answer to resolution of the House of Representatives of the 3d
of December, 1879, relative to the consulate at Hongkong, I transmit
herewith a report from the Secretary of State, with its accompanying
papers.
R.B. HAYES.
EXECUTIVE MANSION, _January 14, 1880_.
_To the House of Representatives_:
I have the honor herewith to transmit the final report of the board
for testing iron, steel, and other metals, with the accompanying
papers. These papers constitute the remainder of the reports made
by the board, which were transmitted by me to the House of
Representatives on the 15th of June, 1878 (House Ex. Doc. No. 98,
Forty-fifth Congress, second session).
The United States testing machine at Watertown Arsenal, constructed
for the board, is reported as being of great value in the
determination of data and the solution of problems of interest to the
people of the whole country, and the special attention of Congress
is called to the necessity of an appropriation to enable the War
Department to make use of it. An estimate of $20,000 for the purpose
was submitted to Congress in the last Book of Estimates (see p. 82),
and an appropriation of that sum is respectfully recommended.
The act of July 31, 1876 (19 U.S. Statutes at Large, ch. 246, p. 119),
made an appropriation for completing the experiments in testing
iron, steel, and other metals, and provided that the board should
be discontinued from and after the expenditure of the amount
appropriated. In accordance with this legislation, the board ceased to
exist on the 30th of June, 1879.
R.B. HAYES.
EXECUTIVE MANSION, _Washington, January 21, 1880_.
_To the Senate of the United States_:
I transmit, for the consideration of the Senate with a view to
ratification, a convention between the United States of America
and the French Republic for the settlement of certain claims of the
citizens of either country against the other.
R.B. HAYES.
EXECUTIVE MANSION, _January 26, 1880_.
_To the House of Representatives_:
In reply to the resolution of the House of Representatives of the 21st
instant, requesting the Commissioner of Agriculture to furnish all
information which he may have in his possession bearing upon the
culture of the sugar beet, etc., the accompanying letter and report,
received from the Acting Commissioner of Agriculture for this purpose,
are herewith transmitted.
R.B. HAYES.
EXECUTIVE MANSION, _February 5, 1880_.
_To the House of Representatives_:
In reply to a resolution of the House of Representatives of the 3d
instant, requesting the Commissioner of Agriculture to forward any
facts or statistics in his office on the subject of forestry not
heretofore published from his Department, the following report,
received from the Commissioner, upon this subject is hereby
transmitted.
R.B. HAYES.
WASHINGTON, _February 16, 1880_.
_To the House of Representatives of the United States_:
In compliance with the resolution of the House of Representatives of
the 5th instant, calling for any information which I may have received
of the proceedings of the International Polar Congress convened in
Hamburg, Germany, October 1, 1879, I transmit herewith a report from
the Secretary of State on the subject.
R.B. HAYES.
WASHINGTON, _February 16, 1880_.
_To the Senate of the United States_:
In compliance with the resolution of the Senate of the 19th of
January, 1880, calling for information in relation to claims before
the American-Spanish Claims Commission and the proceedings of the
commission, I transmit herewith a report from the Secretary of State
upon the subject.
R.B. HAYES.
EXECUTIVE MANSION, _February 24, 1880_.
_To the House of Representatives_:
I herewith transmit a communication from the Attorney-General, with
reference to the requisite appropriation for the current fiscal year
for the compensation, of the marshals of the United States, including
their reimbursement for necessary expenditures in the discharge of
their official duties.
R.B. HAYES.
EXECUTIVE MANSION, _February 25, 1880_.
_To the Senate and House of Representatives_:
I have the honor to transmit herewith a preliminary report and a draft
of a bill submitted by the Public Lands Commission authorized by the
act of Congress approved March 3, 1879.
The object of the report and of the bill accompanying it is of such
importance that I respectfully commend it to the prompt and earnest
consideration of Congress.
R.B. HAYES.
WASHINGTON, _February 27, 1880_.
_To the Senate of the United States_:
In answer to the resolution of the Senate of the 27th ultimo,
I transmit herewith a report from the Secretary of State, with
its papers, relating to the claim of Max. Bromberger against the
Government of Mexico.
R.B. HAYES.
WASHINGTON, _February 27, 1880_.
_To the Senate of the United States_:
I transmit herewith to the Senate, for its consideration with a view
to ratification, a treaty between the Government of the United
States and His Highness Sultan Abdallah, King of Johanna, concerning
commercial intercourse with that independent East African island,
concluded at Johanna Town on the 4th day of October, 1879.
For your better understanding of the subject, I transmit also the
correspondence of Commodore Shufeldt with the Navy Department, which
accompanied the treaty, describing the condition and resources of the
island of Johanna and narrating the progress of the negotiation, which
was undertaken under the general instructions of the Department of
State.
R.B. HAYES.
WASHINGTON, _March 1, 1880_.
_To the Senate and House of Representatives_:
I deem it proper to invite the attention of Congress to the subject of
the unsettled claims of Spanish inhabitants of East Florida during the
years of 1812 and 1813, generally known as the "East Florida claims,"
the settlement of which is provided for by a stipulation found in
Article IX of the treaty of February, 1819, between the United States
and Spain. The provision of the treaty in question which relates to
the subject is the following:
The United States will cause satisfaction to be made for the
injuries, if any, which by process of law shall be established
to have been suffered by the Spanish officers and individual
Spanish inhabitants by the late operations of the American
army in Florida.
The act of Congress of the 3d of March, 1823 (3 U.S. Statutes at
Large, p. 768), to carry into effect the ninth article of the treaty
in question, provided for the examination and judicial ascertainment
of the claims by the judges of the superior courts established at St.
Augustine and Pensacola, and also made provision for the payment by
the Secretary of the Treasury of such claims as might be reported to
him by the said judges, upon his being satisfied that such claims were
just and equitable; and a subsequent act, approved the 26th of June,
1834 (6 U.S. Statutes at Large, p. 569), gave further directions for
the payment, and also provided for the hearing and determination by
the judge of the superior court of St. Augustine of such claims as
had not then been already heard and determined. Under these acts
of Congress I understand that all claims presented to the judges in
Florida were passed upon and the result of the proceedings thus had
reported to the Secretary of the Treasury. It also appears that in
the computation of damages the judges adopted a rule of 5 per cent per
annum on the ascertained actual loss from the date of that loss to the
time of the rendition of their finding, and that the Secretary of the
Treasury in 1836, when the first reports were presented to him, not
deeming this portion of the claims covered by the 5 per cent rule
just and equitable within the meaning of the treaty and the acts of
Congress, refused to pay it, but did continue to pay the ascertained
amounts of actual loss. The demand for payment of this rejected
item has been pressed at various times and in various ways up to the
present time, but Mr. Woodbury's successors in the Treasury Department
have not felt at liberty to review that ruling.
Under these circumstances I have thought it proper to lay the subject
before Congress for its consideration and such action as may be deemed
necessary. The history of the proceedings already had in regard to the
matter is of record in the Treasury Department, and will be furnished
by the Secretary of the Treasury should Congress desire it.
R.B. HAYES.
EXECUTIVE MANSION, _March 8, 1880_.
_To the Senate_:
I transmit herewith the report of the Secretary of State and the
accompanying papers, in response to the resolution adopted by the
Senate on the 11th day of February last, requesting copies of all
correspondence between this Government and any foreign government
since February, 1869, respecting a ship canal across the isthmus
between North America and South America, together with copies of any
_projet_ of treaties respecting the same which the Department of State
may have proposed or submitted since that date to any foreign power or
its diplomatic representative.
In further compliance with the resolution of the Senate, I deem it
proper to state briefly my opinion as to the policy of the United
States with respect to the construction of an interoceanic canal by
any route across the American Isthmus.
The policy of this country is a canal under American control. The
United States can not consent to the surrender of this control to any
European power or to any combination of European powers. If existing
treaties between the United States and other nations or if the rights
of sovereignty or property of other nations stand in the way of this
policy--a contingency which is not apprehended--suitable steps should
be taken by just and liberal negotiations to promote and establish the
American policy on this subject consistently with the rights of the
nations to be affected by it.
The capital invested by corporations or citizens of other countries in
such an enterprise must in a great degree look for protection to
one or more of the great powers of the world. No European power
can intervene for such protection without adopting measures on this
continent which the United States would deem wholly inadmissible. If
the protection of the United States is relied upon, the United States
must exercise such control as will enable this country to protect
its national interests and maintain the rights of those whose private
capital is embarked in the work.
An interoceanic canal across the American Isthmus will essentially
change the geographical relations between the Atlantic and Pacific
coasts of the United States and between the United States and the rest
of the world. It would be the great ocean thoroughfare between our
Atlantic and our Pacific shores, and virtually a part of the coast
line of the United States. Our merely commercial interest in it is
greater than that of all other countries, while its relations to our
power and prosperity as a nation, to our means of defense, our unity,
peace, and safety, are matters of paramount concern to the people
of the United States. No other great power would under similar
circumstances fail to assert a rightful control over a work so closely
and vitally affecting its interest and welfare.
Without urging further the grounds of my opinion, I repeat, in
conclusion, that it is the right and the duty of the United States
to assert and maintain such supervision and authority over any
interoceanic canal across the isthmus that connects North and South
America as will protect our national interests. This, I am quite sure,
will be found not only compatible with but promotive of the widest and
most permanent advantage to commerce and civilization.
RUTHERFORD B. HAYES.
[A similar message was sent to the House of Representatives, in answer
to a resolution of that body of February 10.]
EXECUTIVE MANSION, _March 9, 1880_.
_To the Senate and House of Representatives_:
I have the honor to transmit herewith a report from the Secretary
of the Interior, containing an agreement signed by the chiefs and
headmen of the Ute Indians now present at the seat of Government. The
stipulations of this agreement appear to me so reasonable and just and
the object to be accomplished by its execution so eminently desirable
to both the white people of the United States and the Indians that it
has my cordial approval, and I earnestly commend it to Congress for
favorable consideration and appropriate legislative action.
RUTHERFORD B. HAYES.
WASHINGTON, _March 9, 1880_.
_To the Senate of the United States_:
I transmit herewith to the Senate, for its consideration with a
view to ratification, a convention between the United States and His
Majesty the King of the Belgians, defining the rights, immunities, and
privileges of consular officers, concluded this day at Washington.
R.B. HAYES.
EXECUTIVE MANSION, _March 9, 1880_.
_To the House of Representatives_:
I transmit herewith a report, dated on the 9th instant, from the
Secretary of State, with the accompanying papers, in answer to
a resolution of the House of Representatives of the 25th ultimo,
requesting the President to transmit to that body, if not deemed
incompatible with the public interest, copies of such dispatches
as have recently been received by the Secretary of State from the
consul-general at Shanghai upon the subject of slavery in China and
those portions of the penal code of China which forbid expatriation.
R.B. HAYES.
WASHINGTON, _March 12, 1880_.
_To the House of Representatives_:
In answer to a resolution of the House of Representatives of March 2,
1880, requesting the Secretary of State to communicate to the House
certain information in relation to the publication and circulation of
commercial reports, I transmit herewith a report from the Secretary of
State, with its accompanying papers.
R.B. HAYES.
WASHINGTON, _March 29, 1880_.
_To the Senate of the United States_:
In compliance with the resolution of the Senate of the 29th of
January, 1880, calling for information in relation to the awards of
the mixed commission organized under the provisions of the treaty of
April 25, 1866, between the United States and Venezuela, I transmit
herewith a report from the Secretary of State upon the subject.
R.B. HAYES.
WASHINGTON, _April 12, 1880_.
_To the House of Representatives_:
In response to the resolution of the House of Representatives of the
12th of February last, on the subject of negotiations concerning the
immigration of Chinese to the United States, I transmit a report of
the Secretary of State, to whom the matter was referred.
R.B. HAYES.
WASHINGTON, _April 15, 1880_.
_To the Senate of the United States_:
In response to the resolution of the Senate of the 27th of February
last, concerning the action had by the Executive with respect to the
investigation of certain cases in which awards were made by the late
United States and Mexican Commission, I transmit herewith a report of
the Secretary of State, to whom the matter was referred.
R.B. HAYES.
EXECUTIVE MANSION, _Washington, D.C., April 16, 1880_.
_To the House of Representatives_:
The board for testing iron, steel, and other metals, appointed under
the authority of "An act making appropriations for sundry civil
expenses of the Government for the fiscal year ending June 30, 1876,
and for other purposes," contracted with Mr. A.H. Emery, of New York,
for a testing machine, to be paid out of the appropriation made for
the purpose. That machine has been completed and accepted, and is now
in position at the Watertown Arsenal, Mass. It is spoken of by the
members composing the late board as the most perfect and reliable
machine in the world, embodying new mechanical principles and
combinations not heretofore used in any other constructions.
In designing, perfecting, and making this machine the contractor
has expended large sums of money over and above the contract
price, besides giving years of labor, for which he has received no
compensation. He now appeals to Congress for relief, and the papers
herewith exhibit a case that calls for Congressional action. It is
respectfully submitted to the House of Representatives, recommending
speedy and favorable consideration.
R.B. HAYES.
EXECUTIVE MANSION, _April 22, 1880_.
_To the Senate and House of Representatives_:
I have the honor to inform Congress that Mr. J. Randolph Coolidge,
Dr. Algernon Coolidge, Mr. Thomas Jefferson Coolidge, and Mrs. Ellen
Dwight, of Massachusetts, the heirs of the late Joseph Coolidge,
jr., desire to present to the United States the desk on which the
Declaration of Independence was written. It bears the following
inscription in the handwriting of Thomas Jefferson:
Thomas Jefferson gives this writing desk to Joseph Coolidge,
jr., as a memorial of his affection. It was made from
a drawing of his own, by Ben. Randall, cabinetmaker of
Philadelphia, with whom he first lodged on his arrival in that
city in May, 1776, and is the identical one on which he wrote
the Declaration of Independence.
Politics, as well as religion, has its superstitions. These,
gaining strength with time, may one day give imaginary value
to this relic for its association with the birth of the great
charter of our independence.
Monticello, _November 18, 1825_.
The desk was placed in my possession by Hon. Robert C. Winthrop, and
is herewith transmitted to Congress with the letter of Mr. Winthrop
expressing the wish of the donors "to offer it to the United States,
so that it may henceforth have a place in the Department of State in
connection with the immortal instrument which was written upon it in
1776."
I respectfully recommend that such action be taken by Congress as
may be deemed appropriate with reference to a gift to the nation
so precious in its history and for the memorable associations which
belong to it.
RUTHERFORD B. HAYES.
WASHINGTON, D.C., _April 14, 1880_.
His Excellency RUTHERFORD B. HAYES,
_President of the United States_.
MY DEAR SIR: I have been privileged to bring with me from Boston, as a
present to the United States, a very precious historical relic. It is
the little desk on which Mr. Jefferson wrote the original draft of the
Declaration of Independence.
This desk was given by Mr. Jefferson himself to my friend, the late
Joseph Coolidge, of Boston, at the time of his marriage to Jefferson's
granddaughter, Miss Randolph, and it bears an autograph inscription
of singular interest, written by the illustrious author of the
Declaration in the very last year of his life.
On the recent death of Mr. Coolidge, whose wife had died a year or
two previously, the desk became the property of their children, Mr.
J. Randolph Coolidge, Dr. Algernon Coolidge, Mr. Thomas Jefferson
Coolidge, and Mrs. Ellen Dwight, who now desire to offer it to
the United States, so that it may henceforth have a place in the
Department of State in connection with the immortal instrument which
was written upon it in 1776.
They have done me the honor to make me the medium of this
distinguished gift, and I ask permission to place it in the hands of
the Chief Magistrate of the nation in their name and at their request.
Believe me, dear Mr. President, with the highest respect, very
faithfully, your obedient servant,
ROBT. C. WINTHROP.
WASHINGTON, _May 13, 1880_.
_To the Senate of the United States_:
I transmit herewith to the Senate, in response to their resolution of
the 24th of March last, in relation to the fulfillment of the ninth
article of the treaty of 1819 between the United States and Spain, a
report of the Secretary of State on the correspondence asked for by
the resolution, with its accompanying documents, and in connection
therewith a previous report from the Secretary of State and an opinion
of the Attorney-General on the subject of the East Florida claims.
R.B. HAYES.
WASHINGTON, _May 17, 1880_.
_To the House of Representatives_:
In compliance with the resolution of the House of Representatives of
the 27th ultimo, calling for copies of the correspondence with the
Government of Great Britain in regard to the alleged outrage upon
American fishermen at Fortune Bay, in the Province of Newfoundland,
I transmit herewith the correspondence called for and a report from
the Secretary of State on the subject.
In transmitting this correspondence and the report I respectfully
ask the immediate and careful attention of Congress to the failure
of accord between the two Governments as to the interpretation and
execution of the fishery articles of the treaty of Washington, as
disclosed in this correspondence and elucidated by the exposition of
the subject by the Secretary of State.
I concur in the opinions of this report as to the measures proper to
be taken by this Government in maintenance of the rights accorded to
our fishermen by the British concession of the treaty and in providing
for suitable action toward securing an indemnity for the injury these
interests have already suffered.
Accordingly, I recommend to Congress the adoption of these measures,
with such attendant details of legislation as in the wisdom of
Congress shall seem expedient.
R.B. HAYES.
[The same message was sent to the Senate, in answer to a resolution of
that body of April 28.]
WASHINGTON, _May 24, 1880_.
_To the Senate of the United States_:
I submit to the Senate, for its consideration with a view to
ratification, the accompanying convention for the extradition of
criminals, concluded between the United States and the Government of
His Majesty the King of the Netherlands on the 22d instant.
R.B. HAYES.
EXECUTIVE MANSION, _May 25, 1880_.
_To the Senate and House of Representatives_:
I have the honor to transmit herewith a communication from the
Secretary of the Interior, with reference to the agreement made with
the chiefs of the Ute Indians recently in Washington, a copy of which
was submitted to Congress on the 9th of March last.
The special and immediate attention of Congress to the imminent danger
attending the postponement of appropriate legislation to carry into
effect the stipulations of this agreement is earnestly solicited.
R.B. HAYES.
EXECUTIVE MANSION, _June 5, 1880_.
_To the Senate of the United States_:
In response to a resolution of the Senate of the 31st ultimo,
requesting the President "to communicate to the Senate whether any
supervisor or supervisors of the census appointed by and with the
advice and consent of the Senate have been removed from office by
him or with his consent," etc., I transmit herewith a report from the
Secretary of the Interior.
R.B. HAYES.
VETO MESSAGES.
EXECUTIVE MANSION, _May 4, 1880_.
_To the House of Representatives_:
After mature consideration of the bill entitled "An act making
appropriations to supply certain deficiencies in the appropriations
for the service of the Government for the fiscal year ending June
30, 1880, and for other purposes," I return it to the House of
Representatives, in which it originated, with my objections to its
passage.
The bill appropriates about $8,000,000, of which over $600,000 is for
the payment of the fees of United States marshals and of the general
and special deputy marshals earned during the current fiscal year,
and their incidental expenses. The appropriations made in the bill are
needed to carry on the operations of the Government and to fulfill its
obligations for the payment of money long since due to its officers
for services and expenses essential to the execution of their
duties under the laws of the United States. The necessity for these
appropriations is so urgent and they have been already so long
delayed that if the bill before me contained no permanent or general
legislation unconnected with these appropriations it would receive
my prompt approval. It contains, however, provisions which materially
change, and by implication repeal, important parts of the laws for the
regulation of the United States elections. These laws have for several
years past been the subject of vehement political controversy, and
have been denounced as unnecessary, oppressive, and unconstitutional.
On the other hand, it has been maintained with equal zeal and
earnestness that the election laws are indispensable to fair and
lawful elections, and are clearly warranted by the Constitution.
Under these circumstances, to attempt in an appropriation bill the
modification or repeal of these laws is to annex a condition to the
passage of needed and proper appropriations, which tends to deprive
the Executive of that equal and independent exercise of discretion and
judgment which the Constitution contemplates.
The objection to the bill, therefore, to which I respectfully ask your
attention is that it gives a marked and deliberate sanction, attended
by no circumstances of pressing necessity, to the questionable and,
as I am clearly of opinion, the dangerous practice of tacking upon
appropriation bills general and permanent legislation. This practice
opens a wide door to hasty, inconsiderate, and sinister legislation.
It invites attacks upon the independence and constitutional powers of
the Executive by providing an easy and effective way of constraining
Executive discretion. Although of late this practice has been resorted
to by all political parties when clothed with power, it did not
prevail until forty years after the adoption of the Constitution, and
it is confidently believed that it is condemned by the enlightened
judgment of the country. The States which have adopted new
constitutions during the last quarter of a century have generally
provided remedies for the evil. Many of them have enacted that no law
shall contain more than one subject, which shall be plainly expressed
in its title. The constitutions of more than half of the States
contain substantially this provision, or some other of like intent and
meaning. The public welfare will be promoted in many ways by a return
to the early practice of the Government and to the true rule of
legislation, which is that every measure should stand upon its own
merits.
I am firmly convinced that appropriation bills ought not to contain
any legislation not relevant to the application or expenditure of the
money thereby appropriated, and that by a strict adherence to this
principle an important and much needed reform will be accomplished.
Placing my objection to the bill on this feature of its frame,
I forbear any comment upon the important general and permanent
legislation which it contains, as matter for specific and independent
consideration.
RUTHERFORD B. HAYES.
EXECUTIVE MANSION, _June 15, 1880_.
_To the Senate of the United States_:
After mature consideration of the bill entitled "An act regulating the
pay and appointment of deputy marshals," I am constrained to withhold
from it my approval, and to return it to the Senate, in which it
originated, with my objections to its passage.
The laws now in force on the subject of the bill before me are
contained in the following sections of the Revised Statutes:
SEC. 2021. Whenever an election at which Representatives or
Delegates in Congress are to be chosen is held in any city
or town of 20,000 inhabitants or upward, the marshal for the
district in which the city or town is situated shall, on the
application in writing of at least two citizens residing in
such city or town, appoint special deputy marshals, whose
duty it shall be, when required thereto, to aid and assist
the supervisors of election in the verification of any list
of persons who may have registered or voted; to attend in each
election district or voting precinct at the times and places
fixed for the registration of voters, and at all times
or places when and where the registration may by law be
scrutinized and the names of registered voters be marked
for challenge; and also to attend, at all times for holding
elections, the polls in such district or precinct.
SEC. 2022. The marshal and his general deputies, and such
special deputies, shall keep the peace and support and protect
the supervisors of election in the discharge of their duties,
preserve order at such places of registration and at such
polls, prevent fraudulent registration and fraudulent voting
thereat, or fraudulent conduct on the part of any officer of
election, and immediately, either at the place of registration
or polling place, or elsewhere, and either before or after
registering or voting, to arrest and take into custody, with
or without process, any person who commits, or attempts or
offers to commit, any of the acts or offenses prohibited
herein, or who commits any offense against the laws of the
United States; but no person shall be arrested without process
for any offense not committed in the presence of the marshal
or his general or special deputies, or either of them, or of
the supervisors of election, or either of them; and for
the purposes of arrest or the preservation of the peace the
supervisors of election shall, in the absence of the marshal's
deputies, or if required to assist such deputies, have the
same duties and powers as deputy marshals; nor shall any
person, on the day of such election, be arrested without
process for any offense committed on the day of registration.
SEC. 2023. Whenever any arrest is made under any provision of
this title, the person so arrested shall forthwith be brought
before a commissioner, judge, or court of the United States
for examination of the offenses alleged against him; and such
commissioner, judge, or court shall proceed in respect thereto
as authorized by law in case of crimes against the United
States.
SEC. 2024. The marshal or his general deputies, or such
special deputies as are thereto specially empowered by him in
writing, and under his hand and seal, whenever he or either
or any of them is forcibly resisted in executing their duties
under this title, or shall by violence, threats, or menaces
be prevented from executing such duties or from arresting any
person who has committed any offense for which the marshal
or his general or his special deputies are authorized to make
such arrest, are, and each of them is, empowered to summon
and call to his aid the bystanders or _posse comitatus_ of his
district.
SEC. 2028. No person shall be appointed a supervisor of
election or a deputy marshal under the preceding provisions
who is not at the time of his appointment a qualified voter of
the city, town, county, parish, election district, or voting
precinct in which his duties are to be performed.
SEC. 5521. If any person be appointed a supervisor of election
or a special deputy marshal under the provisions of title "The
elective franchise," and has taken the oath of office as such
supervisor of election or such special deputy marshal, and
thereafter neglects or refuses, without good and lawful
excuse, to perform and discharge fully the duties,
obligations, and requirements of such office until the
expiration of the term for which he was appointed, he shall
not only be subject to removal from office with loss of all
pay or emoluments, but shall be punished by imprisonment for
not less than six months nor more than one year, or by a fine
of not less than $200 and not more than $500, or by both fine
and imprisonment, and shall pay the costs of prosecution.
SEC. 5522. Every person, whether with or without any
authority, power, or process, or pretended authority, power,
or process, of any State, Territory, or municipality, who
obstructs, hinders, assaults, or by bribery, solicitation,
or otherwise interferes with or prevents the supervisors of
election, or either of them, or the marshal or his general or
special deputies, or either of them, in the performance of any
duty required of them, or either of them, or which he or they,
or either of them, may be authorized to perform by any law of
the United States, in the execution of process or otherwise,
or who by any of the means before mentioned hinders or
prevents the free attendance and presence at such places of
registration, or at such polls of election, or full and free
access and egress to and from any such place of registration
or poll of election, or in going to and from any such place
of registration or poll of election, or to and from any room
where any such registration or election or canvass of votes,
or of making any returns or certificates thereof, may be had,
or who molests, interferes with, removes, or ejects from
any such place of registration or poll of election, or
of canvassing votes cast thereat, or of making returns or
certificates thereof, any supervisor of election, the marshal
or his general or special deputies, or either of them, or
who threatens, or attempts or offers so to do, or refuses or
neglects to aid and assist any supervisor of election, or the
marshal or his general or special deputies, or either of them,
in the performance of his or their duties, when required
by him or them, or either of them, to give such aid and
assistance, shall be liable to instant arrest without process,
and shall be punished by imprisonment not more than two years,
or by a fine of not more than $3,000, or by both such fine and
imprisonment, and shall pay the cost of the prosecution.
The Supreme Court of the United States, in the recent case of _Ex
parte_ Siebold and others, decided at the October term, 1879, on
the question raised in the case as to the constitutionality of the
sections of the Revised Statutes above quoted, uses the following
language:
These portions of the Revised Statutes are taken from the act
commonly known as the enforcement act, approved May 31, 1870,
and entitled "An act to enforce the right of citizens of the
United States to vote in the several States of this Union,
and for other purposes," and from the supplement to that
act, approved February 28, 1871. They relate to elections of
members of the House of Representatives, and were an assertion
on the part of Congress of a power to pass laws for regulating
and superintending said elections and for securing the purity
thereof and the rights of citizens to vote thereat peaceably
and without molestation.
It must be conceded to be a most important power, and of a
fundamental character. In the light of recent history and of
the violence, fraud, corruption, and irregularity which have
frequently prevailed at such elections, it may easily be
conceived that the exertion of the power, if it exists, may be
necessary to the stability of our form of government.
The greatest difficulty in coming to a just conclusion arises
from mistaken notions with regard to the relations which
subsist between the State and National Governments. * * *
It seems to be often overlooked that a national constitution
has been adopted in this country, establishing a real
government therein, operating upon persons and territory and
things, and which, moreover, is, or should be, as dear to
every American citizen as his State government is. Whenever
the true conception of the nature of this Government is
once conceded, no real difficulty will arise in the just
interpretation of its powers; but if we allow ourselves to
regard it as a hostile organization, opposed to the proper
sovereignty and dignity of the State governments, we shall
continue to be vexed with difficulties as to its jurisdiction
and authority. No greater jealousy is required to be exercised
toward this Government in reference to the preservation of
our liberties than is proper to be exercised toward the State
governments. Its powers are limited in number and clearly
defined, and its action within the scope of those powers is
restrained by a sufficiently rigid bill of rights for the
protection of its citizens from oppression. The true interests
of the people of this country require that both the National
and State Governments should be allowed, without jealous
interference on either side, to exercise all the powers which
respectively belong to them according to a fair and practical
construction of the Constitution. State rights and the rights
of the United States should be equally respected. Both
are essential to the preservation of our liberties and
the perpetuity of our institutions. But in endeavoring to
vindicate the one we should not allow our zeal to nullify or
impair the other. * * *
The true doctrine, as we conceive, is this, that while the
States are really sovereign as to all matters which have not
been granted to the jurisdiction and control of the United
States, the Constitution and constitutional laws of the latter
are, as we have already said, the supreme law of the land,
and when they conflict with the laws of the States they are
of paramount authority and obligation. This is the fundamental
principle on which the authority of the Constitution is based,
and unless it be conceded in practice as well as theory the
fabric of our institutions, as it was contemplated by its
founders, can not stand. The questions involved have respect
not more to the autonomy and existence of the States than to
the continued existence of the United States as a government
to which every American citizen may look for security and
protection in every part of the land. * * *
Why do we have marshals at all if they can not physically lay
their hands on persons and things in the performance of their
proper duties? What functions can they perform if they can not
use force? In executing the process of the courts must they
call on the nearest constable for protection? Must they rely
on him to use the requisite compulsion and to keep the peace
while they are soliciting and entreating the parties and
bystanders to allow the law to take its course? This is the
necessary consequence of the positions that are assumed. If
we indulge in such impracticable views as these, and keep
on refining and re-refining, we shall drive the National
Government out of the United States and relegate it to the
District of Columbia, or perhaps to some foreign soil. We
shall bring it back to a condition of greater helplessness
than that of the old Confederation.
The argument is based on a strained and impracticable view
of the nature and powers of the National Government. It must
execute its powers or it is no government. It must execute
them on the land as well as on the sea, on things as well as
on persons. And to do this it must necessarily have power to
command obedience, preserve order, and keep the peace; and
no person or power in this land has the right to resist or
question its authority so long as it keeps within the bounds
of its jurisdiction.
I have deemed it fitting and proper to quote thus largely from an
important and elaborate opinion of the Supreme Court because the bill
before me proceeds upon a construction of the Constitution as to the
powers of the National Government which is in direct conflict with the
judgment of the highest judicial tribunal of our country.
Under the sections of the present law above quoted officers of the
United States are authorized, and it is their duty in the case of
Congressional elections, to keep the peace at the polls and at the
places of registration; to arrest immediately any person who is guilty
of crimes against the United States election laws; to protect all
officers of elections in the performance of their duties; and
whenever an arrest is made to bring the person so arrested before a
commissioner, judge, or court of the United States for examination of
the offenses alleged against him. "Such special deputy marshals as are
specially empowered thereto by the marshal in writing," if forcibly
resisted, may call to their aid the bystanders or _posse comitatus_.
It is made a crime punishable with fine or imprisonment to hinder,
assault, or otherwise interfere with the marshal or "his special
deputies," or to threaten or to attempt so to do. If any person
appointed such special deputy marshal has taken the oath of office and
thereafter neglects or refuses to fully discharge the duties of such
office, he is punishable not only by removal from office, but by fine
and imprisonment. The functions of the special deputy marshals
now provided for by law being executive, they are placed under the
authority of the well-known chief executive officer of the courts
of the United States. They are in fact, and not merely in name, the
deputies of the marshal, and he and his bondsmen are responsible for
them. A civil force for the execution of the law is thus instituted in
accordance with long-established and familiar usage, which is simple,
effective, and under a responsible head. The necessity for the
possession of these powers by appropriate officers will not be called
in question by intelligent citizens who appreciate the importance of
peaceable, orderly, and lawful elections. Similar powers are conferred
and exercised under State laws with respect to State elections. The
executive officers of the United States under the existing laws have
no other or greater power to supervise and control the conduct of the
Congressional elections than the State executive officers exercise in
regard to State elections.
The bill before me changes completely the present law by substituting
for the special deputy marshals of the existing statutes new officers
hitherto unknown to the law, and who lack the power, responsibility,
and protection which are essential to enable them to act efficiently
as executive officers.
The bill under consideration is as follows:
_Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled_, That
from and after the passage of this act the pay of all deputy
marshals for services in reference to any election shall be $5
for each day of actual service, and no more.
SEC. 2. That all deputy marshals to serve in reference to any
election shall be appointed by the circuit court of the United
States for the district in which such marshals are to perform
their duties in each year; and the judges of the several
circuit courts of the United States are hereby authorized to
open their respective courts at any time for that purpose; and
in case the circuit courts shall not be open for that purpose
at least ten days prior to a registration, if there be one,
or, if no registration be required, then at least ten days
before such election, the judges of the district courts of
the United States are hereby respectively authorized to cause
their courts to be opened for the purpose of appointing such
deputy marshals, who shall be appointed by the said district
courts; and the officers so appointed shall be in equal
numbers from the different political parties, and shall be
well-known citizens, of good moral character, and actual
residents of the voting precincts in which their duties are
to be performed, and shall not be candidates for any office
at such election; and all laws and parts of laws inconsistent
with this act are hereby repealed: _Provided_, That the
marshals of the United States for whom deputies shall be
appointed by the court under this act shall not be liable for
any of the acts of such deputies.
It will be observed that the deputy marshals proposed by the bill
before me are distinctly different officers from the special deputies
of the marshal, as such officers are now provided for in the statutes.
This bill does not connect the new officers with the existing laws
relating to special deputy marshals so as to invest the proposed
deputy marshals with the same powers, to impose upon them the same
duties, and to give them the same protection by means of the criminal
laws. When new officers are created, distinct in character and
appointed by different authority, although similar in name to
officers already provided for, such officers are not held by similar
responsibilities to the criminal law, do not possess the same powers,
and are not similarly protected unless it is expressly so provided by
legislation.
The so-called deputy marshals provided for in this bill will have no
executive head. The marshal can neither appoint nor remove them. He
can not control them, and he is not responsible for them. They will
have no authority to call to their aid, if resisted, the _posse
comitatus_. They are protected by no criminal statutes in the
performance of their duties. An assault upon one of these deputies
with the intent to prevent a lawful election will be no more than an
ordinary assault upon any other citizen. They can not keep the peace.
They can not make arrests when crimes are committed in their presence.
Whatever powers they have are confined to the precincts in which they
reside. Outside of the precincts for which they are appointed the
deputy marshals of this bill can not keep the peace, make arrests,
hold prisoners, take prisoners before a proper tribunal for hearing,
nor perform any other duty. No oaths of office are required of them,
and they give no bond. They have no superior who is responsible for
them, and they are not punishable for neglect of duty or misconduct in
office. In all these respects this bill makes a radical change between
the powers of the United States officers at national elections and the
powers uniformly possessed and exercised by State officers at State
elections. This discrimination against the authority of the United
States is a departure from the usage of the Government established by
precedents beginning with the earliest statutes on the subject, and
violates the true principles of the Constitution. The Supreme Court,
in the decision already referred to, says:
It is argued that the preservation of peace and good order in
society is not within the powers confided to the Government of
the United States, but belongs exclusively to the States. Here
again we are met with the theory that the Government of the
United States does not rest upon the soil and territory of
the country. We think that this theory is founded on an entire
misconception of the nature and powers of that Government.
We hold it to be an incontrovertible principle that the
Government of the United States may, by means of physical
force, exercised through its official agents, execute on every
foot of American soil the powers and functions that belong to
it. This necessarily involves the power to command obedience
to its laws, and hence the power to keep the peace to that
extent.
This power to enforce its laws and to execute its functions
in all places does not derogate from the power of the State to
execute its laws at the same time and in the same places. The
one does not exclude the other, except where both can not
be executed at the same time. In that case the words of the
Constitution itself show which is to yield. "This Constitution
and all laws which shall be made in pursuance thereof * * *
shall be the supreme law of the land."
In conclusion it is proper to say that no objection would be made to
the appointment of officers to act with reference to the elections by
the courts of the United States, and that I am in favor of appointing
officers to supervise and protect the elections without regard to
party; but the bill before me, while it recognizes the power and duty
of the United States to provide officers to guard and scrutinize the
Congressional elections, fails to adapt its provisions to the existing
laws so as to secure efficient supervision and protection. It is
therefore returned to the Senate, in which it originated, for that
further consideration which is contemplated by the Constitution.
RUTHERFORD B. HAYES.
PROCLAMATIONS.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas it has become known to me that certain evil-disposed persons
have within the territory and jurisdiction of the United States begun
and set on foot preparations for an organized and forcible possession
of and settlement upon the lands of what is known as the Indian
Territory, west of the State of Arkansas, which Territory is
designated, recognized, and described by the treaties and laws of the
United States and by the executive authorities as Indian country, and
as such is only subject to occupation by Indian tribes, officers of
the Indian Department, military posts, and such persons as may be
privileged to reside and trade therein under the intercourse laws of
the United States; and
Whereas those laws provide for the removal of all persons residing and
trading therein without express permission of the Indian Department
and agents, and also of all persons whom such agents may deem to be
improper persons to reside in the Indian country; and
Whereas, in aid and support of such organized movement, it has been
represented that no further action will be taken by the Government to
prevent persons from going into said territory and settling therein,
but such representations are wholly without authority:
Now, therefore, for the purpose of properly protecting the interests
of the Indian nations and tribes, as well as of the United States, in
said Indian Territory, and of duly enforcing the laws governing the
same, I, Rutherford B. Hayes, President of the United States, do
admonish and warn all such persons so intending or preparing to remove
upon said lands or into said Territory without permission of the
proper agent of the Indian Department against any attempt to so remove
or settle upon any of the lands of said Territory; and I do further
warn and notify any and all such persons who may so offend that they
will be speedily and immediately removed therefrom by the agent,
according to the laws made and provided, and that no efforts will be
spared to prevent the invasion of said Territory, rumors spread
by evil-disposed persons to the contrary notwithstanding; and if
necessary the aid and assistance of the military forces of the United
States will be invoked to carry into proper execution the laws of the
United States herein referred to.
In testimony whereof I have hereunto set my hand and caused the seal
of the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 12th day of February, A.D. 1880,
and of the Independence of the United States the one hundred and
fourth.
R.B. HAYES.
By the President:
WM. M. EVARTS,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
At no period in their history since the United States became a nation
has this people had so abundant and so universal reasons for joy and
gratitude at the favor of Almighty God or been subject to so profound
an obligation to give thanks for His loving kindness and humbly to
implore His continued care and protection.
Health, wealth, and prosperity throughout all our borders; peace,
honor, and friendship with all the world; firm and faithful adherence
by the great body of our population to the principles of liberty and
justice which have made our greatness as a nation, and to the wise
institutions and strong frame of government and society which will
perpetuate it--for all these let the thanks of a happy and united
people, as with one voice, ascend in devout homage to the Giver of All
Good.
I therefore recommend that on Thursday, the 25th day of November next,
the people meet in their respective places of worship to make their
acknowledgments to Almighty God for His bounties and His protection
and to offer to Him prayers for their continuance.
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 1st day of November, A.D. 1880,
and of the Independence of the United States the one hundred and
fifth.
R.B. HAYES.
By the President:
WM. M. EVARTS,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas satisfactory evidence has been given to me by the Government
of His Majesty the Emperor of China that no discriminating duties of
tonnage or imposts are imposed or levied in the ports of that nation
upon vessels wholly belonging to citizens of the United States, or
upon the produce, manufactures, or merchandise imported in the same:
Therefore, I, Rutherford B. Hayes, President of the United States of
America, by virtue of the authority in me vested by law, do hereby
declare and proclaim that the foreign discriminating duties of tonnage
and impost within the United States are and shall be suspended and
discontinued so far as respects the vessels of China and the produce,
manufactures, and merchandise imported therein into the United
States from China, or from any other foreign country, so long as
the exemption aforesaid on the part of China of vessels belonging to
citizens of the United States and their cargoes shall be continued and
no longer.
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 23d day of November, A.D. 1880,
and of the Independence of the United States of America the one
hundred and fifth.
R.B. HAYES.
By the President:
WM. M. EVARTS,
_Secretary of State_.
EXECUTIVE ORDER.
[From the Evening Star, Washington, D.C., May 27, 1880.]
EXECUTIVE MANSION, _Washington, D.C., May 27, 1880_.
DEAR SIR:[41] I am directed by the President to say that the several
Departments of the Government will be closed on Saturday, the 29th
instant, in remembrance of those who fell in defense of the nation,
and to enable the employees to participate in the commemorative
ceremonies of the day.
Very respectfully, your obedient servant,
W.K. ROGERS,
_Private Secretary_.
[Footnote 41: Addressed to the heads of the Executive Departments, etc.]
FOURTH ANNUAL MESSAGE.
EXECUTIVE MANSION, _December 6, 1880_.
_Fellow-Citizens of the Senate and House of Representatives_:
I congratulate you on the continued and increasing prosperity of our
country. By the favor of Divine Providence we have been blessed during
the past year with health, with abundant harvests, with profitable
employment for all our people, and with contentment at home, and
with peace and friendship with other nations. The occurrence of
the twenty-fourth election of Chief Magistrate has afforded another
opportunity to the people of the United States to exhibit to the world
a significant example of the peaceful and safe transmission of the
power and authority of government from the public servants whose terms
of office are about to expire to their newly chosen successors. This
example can not fail to impress profoundly thoughtful people of other
countries with the advantages which republican institutions afford.
The immediate, general, and cheerful acquiescence of all good citizens
in the result of the election gives gratifying assurance to our
country and to its friends throughout the world that a government
based on the free consent of an intelligent and patriotic people
possesses elements of strength, stability, and permanency not found in
any other form of government.
Continued opposition to the full and free enjoyment of the rights of
citizenship conferred upon the colored people by the recent amendments
to the Constitution still prevails in several of the late slaveholding
States. It has, perhaps, not been manifested in the recent election to
any large extent in acts of violence or intimidation. It has, however,
by fraudulent practices in connection with the ballots, with the
regulations as to the places and manner of voting, and with counting,
returning, and canvassing the votes cast, been successful in defeating
the exercise of the right preservative of all rights--the right
of suffrage--which the Constitution expressly confers upon our
enfranchised citizens.
It is the desire of the good people of the whole country that
sectionalism as a factor in our politics should disappear. They prefer
that no section of the country should be united in solid opposition
to any other section. The disposition to refuse a prompt and hearty
obedience to the equal-rights amendments to the Constitution is all
that now stands in the way of a complete obliteration of sectional
lines in our political contests. As long as either of these amendments
is flagrantly violated or disregarded, it is safe to assume that
the people who placed them in the Constitution, as embodying the
legitimate results of the war for the Union, and who believe them to
be wise and necessary, will continue to act together and to insist
that they shall be obeyed. The paramount question still is as to the
enjoyment of the right by every American citizen who has the requisite
qualifications to freely cast his vote and to have it honestly
counted. With this question rightly settled, the country will be
relieved of the contentions of the past; bygones will indeed be
bygones, and political and party issues, with respect to economy
and efficiency of administration, internal improvements, the tariff,
domestic taxation, education, finance, and other important subjects,
will then receive their full share of attention; but resistance to
and nullification of the results of the war will unite together in
resolute purpose for their support all who maintain the authority of
the Government and the perpetuity of the Union, and who adequately
appreciate the value of the victory achieved. This determination
proceeds from no hostile sentiment or feeling to any part of the
people of our country or to any of their interests. The inviolability
of the amendments rests upon the fundamental principle of our
Government. They are the solemn expression of the will of the people
of the United States.
The sentiment that the constitutional rights of all our citizens must
be maintained does not grow weaker. It will continue to control the
Government of the country. Happily, the history of the late election
shows that in many parts of the country where opposition to the
fifteenth amendment has heretofore prevailed it is diminishing, and is
likely to cease altogether if firm and well-considered action is taken
by Congress. I trust the House of Representatives and the Senate,
which have the right to judge of the elections, returns, and
qualifications of their own members, will see to it that every case
of violation of the letter or spirit of the fifteenth amendment is
thoroughly investigated, and that no benefit from such violation shall
accrue to any person or party. It will be the duty of the Executive,
with sufficient appropriations for the purpose, to prosecute
unsparingly all who have been engaged in depriving citizens of the
rights guaranteed to them by the Constitution.
It is not, however, to be forgotten that the best and surest guaranty
of the primary rights of citizenship is to be found in that capacity
for self-protection which can belong only to a people whose right to
universal suffrage is supported by universal education. The means
at the command of the local and State authorities are in many cases
wholly inadequate to furnish free instruction to all who need it.
This is especially true where before emancipation the education of the
people was neglected or prevented, in the interest of slavery. Firmly
convinced that the subject of popular education deserves the earnest
attention of the people of the whole country, with a view to wise
and comprehensive action by the Government of the United States, I
respectfully recommend that Congress, by suitable legislation and
with proper safeguards, supplement the local educational funds in
the several States where the grave duties and responsibilities of
citizenship have been devolved on uneducated people by devoting to
the purpose grants of the public lands and, if necessary, by
appropriations from the Treasury of the United States. Whatever
Government can fairly do to promote free popular education ought to be
done. Wherever general education is found, peace, virtue, and social
order prevail and civil and religious liberty are secure.
In my former annual messages I have asked the attention of Congress to
the urgent necessity of a reformation of the civil-service system
of the Government. My views concerning the dangers of patronage,
or appointments for personal or partisan considerations, have been
strengthened by my observation and experience in the Executive office,
and I believe these dangers threaten the stability of the Government.
Abuses so serious in their nature can not be permanently tolerated.
They tend to become more alarming with the enlargement of
administrative service, as the growth of the country in population
increases the number of officers and placemen employed.
The reasons are imperative for the adoption of fixed rules for the
regulation of appointments, promotions, and removals, establishing
a uniform method having exclusively in view in every instance the
attainment of the best qualifications for the position in question.
Such a method alone is consistent with the equal rights of all
citizens and the most economical and efficient administration of the
public business.
Competitive examinations in aid of impartial appointments and
promotions have been conducted for some years past in several of
the Executive Departments, and by my direction this system has been
adopted in the custom-houses and post-offices of the larger cities of
the country. In the city of New York over 2,000 positions in the civil
service have been subject in their appointments and tenure of place to
the operation of published rules for this purpose during the past
two years. The results of these practical trials have been very
satisfactory, and have confirmed my opinion in favor of this system of
selection. All are subjected to the same tests, and the result is free
from prejudice by personal favor or partisan influence. It secures for
the position applied for the best qualifications attainable among the
competing applicants. It is an effectual protection from the pressure
of importunity, which under any other course pursued largely exacts
the time and attention of appointing officers, to their great
detriment in the discharge of other official duties, preventing the
abuse of the service for the mere furtherance of private or party
purposes, and leaving the employee of the Government, freed from the
obligations imposed by patronage, to depend solely upon merit for
retention and advancement, and with this constant incentive to
exertion and improvement.
These invaluable results have been attained in a high degree in the
offices where the rules for appointment by competitive examination
have been applied.
A method which has so approved itself by experimental tests at
points where such tests may be fairly considered conclusive should be
extended to all subordinate positions under the Government. I believe
that a strong and growing public sentiment demands immediate measures
for securing and enforcing the highest possible efficiency in the
civil service and its protection from recognized abuses, and that
the experience referred to has demonstrated the feasibility of such
measures.
The examinations in the custom-houses and post-offices have been held
under many embarrassments and without provision for compensation for
the extra labor performed by the officers who have conducted them, and
whose commendable interest in the improvement of the public service
has induced this devotion of time and labor without pecuniary reward.
A continuance of these labors gratuitously ought not to be expected,
and without an appropriation by Congress for compensation it is not
practicable to extend the system of examinations generally throughout
the civil service. It is also highly important that all such
examinations should be conducted upon a uniform system and under
general supervision. Section 1753 of the Revised Statutes authorizes
the President to prescribe the regulations for admission to the civil
service of the United States, and for this purpose to employ suitable
persons to conduct the requisite inquiries with reference to "the
fitness of each candidate, in respect to age, health, character,
knowledge, and ability for the branch of service into which he seeks
to enter;" but the law is practically inoperative for want of the
requisite appropriation.
I therefore recommend an appropriation of $25,000 per annum to meet
the expenses of a commission, to be appointed by the President in
accordance with the terms of this section, whose duty it shall be
to devise a just, uniform, and efficient system of competitive
examinations and to supervise the application of the same throughout
the entire civil service of the Government. I am persuaded that the
facilities which such a commission will afford for testing the fitness
of those who apply for office will not only be as welcome a relief
to members of Congress as it will be to the President and heads of
Departments, but that it will also greatly tend to remove the causes
of embarrassment which now inevitably and constantly attend the
conflicting claims of patronage between the legislative and executive
departments. The most effectual check upon the pernicious competition
of influence and official favoritism in the bestowal of office will
be the substitution of an open competition of merit between the
applicants, in which everyone can make his own record with the
assurance that his success will depend upon this alone.
I also recommend such legislation as, while leaving every officer as
free as any other citizen to express his political opinions and to use
his means for their advancement, shall also enable him to feel as safe
as any private citizen in refusing all demands upon his salary for
political purposes. A law which should thus guarantee true liberty
and justice to all who are engaged in the public service, and likewise
contain stringent provisions against the use of official authority
to coerce the political action of private citizens or of official
subordinates, is greatly to be desired.
The most serious obstacle, however, to an improvement of the civil
service, and especially to a reform in the method of appointment and
removal, has been found to be the practice, under what is known as
the spoils system, by which the appointing power has been so largely
encroached upon by members of Congress. The first step in the reform
of the civil service must be a complete divorce between Congress and
the Executive in the matter of appointments. The corrupting
doctrine that "to the victors belong the spoils" is inseparable
from Congressional patronage as the established rule and practice of
parties in power. It comes to be understood by applicants for office
and by the people generally that Representatives and Senators are
entitled to disburse the patronage of their respective districts and
States. It is not necessary to recite at length the evils resulting
from this invasion of the Executive functions. The true principles of
Government on the subject of appointments to office, as stated in the
national conventions of the leading parties of the country, have again
and again been approved by the American people, and have not been
called in question in any quarter. These authentic expressions of
public opinion upon this all-important subject are the statement
of principles that belong to the constitutional structure of the
Government.
Under the Constitution the President and heads of Departments
are to make nominations for office. The Senate is to advise
and consent to appointments, and the House of Representatives
is to accuse and prosecute faithless officers. The best
interest of the public service demands that these distinctions
be respected; that Senators and Representatives, who may
be judges and accusers, should not dictate appointments to
office.
To this end the cooperation of the legislative department of the
Government is required alike by the necessities of the case and by
public opinion. Members of Congress will not be relieved from the
demands made upon them with reference to appointments to office until
by legislative enactment the pernicious practice is condemned and
forbidden.
It is therefore recommended that an act be passed defining the
relations of members of Congress with respect to appointment to office
by the President; and I also recommend that the provisions of section
1767 and of the sections following of the Revised Statutes, comprising
the tenure-of-office act of March 2, 1867, be repealed.
Believing that to reform the system and methods of the civil service
in our country is one of the highest and most imperative duties
of statesmanship, and that it can be permanently done only by the
cooperation of the legislative and executive departments of the
Government, I again commend the whole subject to your considerate
attention.
It is the recognized duty and purpose of the people of the United
States to suppress polygamy where it now exists in our Territories and
to prevent its extension. Faithful and zealous efforts have been made
by the United States authorities in Utah to enforce the laws against
it. Experience has shown that the legislation upon this subject, to be
effective, requires extensive modification and amendment. The longer
action is delayed the more difficult it will be to accomplish what
is desired. Prompt and decided measures are necessary. The Mormon
sectarian organization which upholds polygamy has the whole power of
making and executing the local legislation of the Territory. By its
control of the grand and petit juries it possesses large influence
over the administration of justice. Exercising, as the heads of this
sect do, the local political power of the Territory, they are able to
make effective their hostility to the law of Congress on the subject
of polygamy, and, in fact, do prevent its enforcement. Polygamy will
not be abolished if the enforcement of the law depends on those who
practice and uphold the crime. It can only be suppressed by taking
away the political power of the sect which encourages and sustains it.
The power of Congress to enact suitable laws to protect the
Territories is ample. It is not a case for halfway measures. The
political power of the Mormon sect is increasing. It controls now
one of our wealthiest and most populous Territories. It is extending
steadily into other Territories. Wherever it goes it establishes
polygamy and sectarian political power. The sanctity of marriage and
the family relation are the corner stone of our American society and
civilization. Religious liberty and the separation of church and state
are among the elementary ideas of free institutions. To reestablish
the interests and principles which polygamy and Mormonism have
imperiled, and to fully reopen to intelligent and virtuous immigrants
of all creeds that part of our domain which has been in a great degree
closed to general immigration by intolerant and immoral institutions,
it is recommended that the government of the Territory of Utah be
reorganized.
I recommend that Congress provide for the government of Utah by a
governor and judges, or commissioners, appointed by the President and
confirmed by the Senate--a government analogous to the provisional
government established for the territory northwest of the Ohio by
the ordinance of 1787. If, however, it is deemed best to continue the
existing form of local government, I recommend that the right to vote,
hold office, and sit on juries in the Territory of Utah be confined to
those who neither practice nor uphold polygamy. If thorough measures
are adopted, it is believed that within a few years the evils which
now afflict Utah will be eradicated, and that this Territory will in
good time become one of the most prosperous and attractive of the new
States of the Union.
Our relations with all foreign countries have been those of
undisturbed peace, and have presented no occasion for concern as to
their continued maintenance.
My anticipation of an early reply from the British Government to the
demand of indemnity to our fishermen for the injuries suffered by that
industry at Fortune Bay in January, 1878, which I expressed in my last
annual message, was disappointed. This answer was received only in the
latter part of April in the present year, and when received exhibited
a failure of accord between the two Governments as to the measure of
the inshore fishing privilege secured to our fishermen by the treaty
of Washington of so serious a character that I made it the subject of
a communication to Congress, in which I recommended the adoption of
the measures which seemed to me proper to be taken by this Government
in maintenance of the rights accorded to our fishermen under the
treaty and toward securing an indemnity for the injury these interests
had suffered. A bill to carry out these recommendations was under
consideration by the House of Representatives at the time of the
adjournment of Congress in June last.
Within a few weeks I have received a communication from Her Majesty's
Government renewing the consideration of the subject, both of the
indemnity for the injuries at Fortune Bay and of the interpretation
of the treaty in which the previous correspondence had shown the two
Governments to be at variance. Upon both these topics the disposition
toward a friendly agreement is manifested by a recognition of our
right to an indemnity for the transaction at Fortune Bay, leaving the
measure of such indemnity to further conference, and by an assent to
the view of this Government, presented in the previous correspondence,
that the regulation of conflicting interests of the shore fishery
of the provincial seacoasts and the vessel fishery of our fishermen
should be made the subject of conference and concurrent arrangement
between the two Governments.
I sincerely hope that the basis may be found for a speedy adjustment
of the very serious divergence of views in the interpretation of
the fishery clauses of the treaty of Washington, which, as the
correspondence between the two Governments stood at the close of the
last session of Congress, seemed to be irreconcilable.
In the important exhibition of arts and industries which was held last
year at Sydney, New South Wales, as well as in that now in progress
at Melbourne, the United States have been efficiently and honorably
represented. The exhibitors from this country at the former place
received a large number of awards in some of the most considerable
departments, and the participation of the United States was recognized
by a special mark of distinction. In the exhibition at Melbourne the
share taken by our country is no less notable, and an equal degree of
success is confidently expected.
The state of peace and tranquillity now enjoyed by all the nations
of the continent of Europe has its favorable influence upon our
diplomatic and commercial relations with them. We have concluded and
ratified a convention with the French Republic for the settlement of
claims of the citizens of either country against the other. Under this
convention a commission, presided over by a distinguished publicist,
appointed in pursuance of the request of both nations by His Majesty
the Emperor of Brazil, has been organized and has begun its sessions
in this city. A congress to consider means for the protection of
industrial property has recently been in session in Paris, to which
I have appointed the ministers of the United States in France and in
Belgium as delegates. The International Commission upon Weights and
Measures also continues its work in Paris. I invite your attention to
the necessity of an appropriation to be made in time to enable
this Government to comply with its obligations under the metrical
convention.
Our friendly relations with the German Empire continue without
interruption. At the recent International Exhibition of Fish
and Fisheries at Berlin the participation of the United States,
notwithstanding the haste with which the commission was forced to make
its preparations, was extremely successful and meritorious, winning
for private exhibitors numerous awards of a high class and for the
country at large the principal prize of honor offered by His Majesty
the Emperor. The results of this great success can not but be
advantageous to this important and growing industry. There have been
some questions raised between the two Governments as to the proper
effect and interpretation of our treaties of naturalization, but
recent dispatches from our minister at Berlin show that favorable
progress is making toward an understanding in accordance with the
views of this Government, which makes and admits no distinction
whatever between the rights of a native and a naturalized citizen of
the United States. In practice the complaints of molestation suffered
by naturalized citizens abroad have never been fewer than at present.
There is nothing of importance to note in our unbroken friendly
relations with the Governments of Austria-Hungary, Russia, Portugal,
Sweden and Norway, Switzerland, Turkey, and Greece.
During the last summer several vessels belonging to the merchant
marine of this country, sailing in neutral waters of the West Indies,
were fired at, boarded, and searched by an armed cruiser of the
Spanish Government. The circumstances as reported involve not only a
private injury to the persons concerned, but also seemed too little
observant of the friendly relations existing for a century between
this country and Spain. The wrong was brought to the attention of
the Spanish Government in a serious protest and remonstrance, and the
matter is undergoing investigation by the royal authorities with a
view to such explanation or reparation as may be called for by the
facts.
The commission sitting in this city for the adjudication of claims of
our citizens against the Government of Spain is, I hope, approaching
the termination of its labors.
The claims against the United States under the Florida treaty with
Spain were submitted to Congress for its action at the late session,
and I again invite your attention to this long-standing question, with
a view to a final disposition of the matter.
At the invitation of the Spanish Government, a conference has recently
been held at the city of Madrid to consider the subject of protection
by foreign powers of native Moors in the Empire of Morocco. The
minister of the United States in Spain was directed to take part
in the deliberations of this conference, the result of which is
a convention signed on behalf of all the powers represented. The
instrument will be laid before the Senate for its consideration. The
Government of the United States has also lost no opportunity to urge
upon that of the Emperor of Morocco the necessity, in accordance with
the humane and enlightened spirit of the age, of putting an end to the
persecutions, which have been so prevalent in that country, of
persons of a faith other than the Moslem, and especially of the Hebrew
residents of Morocco.
The consular treaty concluded with Belgium has not yet been officially
promulgated, owing to the alteration of a word in the text by the
Senate of the United States, which occasioned a delay, during which
the time allowed for ratification expired. The Senate will be asked to
extend the period for ratification.
The attempt to negotiate a treaty of extradition with Denmark failed
on account of the objection of the Danish Government to the usual
clause providing that each nation should pay the expense of the arrest
of the persons whose extradition it asks.
The provision made by Congress at its last session for the expense
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