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 http://www.archive.org/cletails/cu31924030430700 
 
lETTEES AND MESSAGES 
 
 HUTilERFORl) K HAYES, 
 
 PRESIDENT OF THE UNITED STATES, 
 
 tOeSTHBR WITH 
 
 l}ETTER 01^ ACCBPTANCE 
 
 INAUaUHAL ArJpRESS. 
 
 WASHIN,6TPN: 
 1879. 
 
 Ji 
 
LETTEES AND MESSAGES 
 
 OB 
 \ 
 
 RUTHERFORD B. HAYES, 
 
 PRESIDENT OF THE UNITED STATES, 
 
 TOGETHER WITH 
 
 LETTER OF ACCEPTANCE 
 
 INAUaURAL ADDRESS. 
 
 WASHINGTON: 
 1879. 
 
 I'HivilvBl) V 
 
 LifUAKY 
 

 f\h- 
 
 i.y 
 
LETTER OF ACCEPTANCE 
 
 REPUBLICAN NOMINATION FOR PRESIDENT OF 
 THE UNITED STATES. 
 
 JULV 8, 187G. 
 
LETTER OE ACCEPTANCE. 
 
 Columbus, Ohio, JhIjj 8, 1876. 
 
 Gentlemen: In reply to your official commmiication of June 
 17, by which I am informed of my nomination for the office of 
 President of the United States by the Republican National 
 Convention at Cincinnati, I accept the nomination with grati- 
 tude, lao|)ing that, under Providence, I shall be able, if elected, 
 to execute the duties of the high office as a trust tor the benefit 
 of all the people. I do not deem it necessary to enter upon any 
 extended examination of the declaration of principles made by 
 the Convention. The resolutions are in accord with my views, 
 and I heartily concur in the princiijles they announce. In sev- 
 eral of the resolutions, however,'questions are consid(.'red which 
 are of such importance that I deem it proper to briefly express 
 my convictions in regard to them. The fifth resolution adopted 
 by the Convention is of paramount interest. More than forty 
 years ago a system of making appointments to office grew up, 
 based upon the maxim "to the victors belong the spoils." The 
 old rule, the true rule, that honesty, capacit}', and fidelity con- 
 stitute the only real qualification for office, and that there is no 
 other claim, gave place to the idea that party services were to 
 be chiefly considered. All parties in practice have adopted this 
 system. It has been essentially modified since its first intro- 
 duction. It has not, however, been nnproved. At first the 
 President, either directly or through the heads of department, 
 made all the appointments, but gradually the appointing power, 
 in many cases, passed into the control of members of Congress. 
 The offices in these cases have become not merely rewards for 
 party services, but rewards for services to jjarty leaders. This 
 system destroys the independence of the separate departments 
 of the Grovernment. "It tends directly to extravagance and 
 official incapacity." It is a temptation to dishonesty ; it hinders 
 and impairs that careful supervision and strict accountability by 
 
LETTERS AND MESSAGES. 
 
 which alone faithful and efficient public service can be secured; 
 it obstructs the prompt removal and sure punishment of the 
 unworthy; in every way it degrades the civil service and the 
 character of the Government. It is felt, I am confident, by a 
 large majority of the members of Congress, to be an intolerable 
 burden and an unwarrantable hindrance to the proper discharge 
 of their legitimate duties. It ought to be aboHshed. The re- 
 form should be thorough, radical, and complete. We should 
 return to the principles and practice of the founders of the 
 Government — supplying by legislation, when needed, that which 
 was formerly the established custom. They neither expected 
 nor desired from the public officers any partisan service. They 
 meant that public officers should give their whole service to the 
 Government and to the people. They meant that the officer 
 should be secure in his tenure as long as his personal character 
 remained untarnished and the performance of his duties satis- 
 factory. If elected, I shall conduct the administration of the 
 Government upon these principles, and all constitutional powers 
 vested in the Executive will be employed to establish this re- 
 form. The declaration of principles by the Cincinnati Conven- 
 tion makes no announcement in favor of a single Presidential 
 term. I do not assume to add to that declaration, but believing 
 that the restoration of the civil service to the system established 
 by Washington and followed by the early Presidents can be best 
 accomplished by an Executive vt^ho is under no temptation to 
 use the patronage of his office to promote his own re-election, 
 I desire to perform what I regard as a duty in now stating my 
 inflexible purpose, if elected, not to be a candidate for election 
 to a second term. 
 
 On the currency question I have frequently expressed my 
 views in public, and I stand by my record on this subject. I 
 regard all the laws of the United States relating to the payment 
 of the public indebtedness, the legal-tender notes included, as 
 constituting a pledge and moral obligation of the Government, 
 which must in good faith be kept. It is my conviction that the 
 
LETTEES AND MESSAGES. 7 
 
 feeling of uncertainty inseparable from an irredeemable paper 
 currency, with its fluctuations of value, is one of the great ob- 
 stacles to a revival of confidence and business, and to a return 
 of prosperity. That uncertainty can be ended in but one way — 
 the resumption of specie payments. But the longer the insta- 
 bility of our money system is permitted to continue, the greater 
 will be the injury inflicted upon our economical interests and all 
 classes of society. If elected, I shall approve every appropriate 
 measure to accomplish the desired end; and shall oppose any 
 step backward. 
 
 The resolution with respect *to the public-school system is 
 one which should receive the hearty support of the American 
 people. Agitation upon this subject is to be apprehended, until, 
 by constitutional amendment the schools are placed beyond all 
 danger of sectarian control or interference. The Republican 
 party is pledged to secure such an amendment. 
 
 The resolution of the Convention on the subject of the per- 
 manent pacification of the country, and the complete protection 
 of all its citizens in the free enjoyment of all their constitutional 
 rights, is timely and of great importance. The condition of the 
 Southern States attracts the attention and commands the sym- 
 pathy of the people of the whole Union. In their progressive 
 recovery from the eflects of the war, their first necessity is an 
 intelligent and honest administration of government which will 
 protect all classes of citizens in their political and private rights. 
 What the South most needs is "peace," and peace depends upon 
 the supremacy of the law. There can be no enduring peace if 
 the constitutional rights of any portion of the people are habitu- 
 ally disregarded. A division of political parties resting nierely 
 upon sectional lines is always unfortunate and may be disastrous. 
 The welfare of the South, alike with that of every other part of 
 this country, depends upon the attractions it can offer to labor 
 and immigration, and to capital. But laborers will not go, and 
 capital will not be ventured where the Constitution and the laws 
 are set at defiance, and distraction, apprehension, and alarm take 
 
8 LETTERS AND MESSAGES. 
 
 the place of peace-loving and law-abiding social life. All parts 
 of the Constitution are sacred and must be sacredly observed — 
 the parts that are new no less than the parts that are old. The 
 moral and national prosperity of the Southern States can be 
 most effectually advanced by a hearty and generous recognition 
 of the rights of all, by aU — a recognition without reserve or 
 exception. With such a recognition fully accorded it will be 
 practicable to promote, by the influence of all legitimate agen- 
 cies of the General Government, the efforts of the people of 
 those States to obtain for themselves the blessings of honest 
 and capable local government*. If elected, I shall consider it 
 not only my duty, but it will be my ardent desire to labor for 
 the attainment of this end. 
 
 Let me assure my countrymen of the Southern States that if 
 I shall be charged with the duty of organizing an administration, 
 it will be one which will regard and cherish their tiniest inter- 
 ests — the interests of the white and of the colored people both, 
 and equally; and which will put forth its best efforts in behalf of 
 a civil policy which will wipe out forever the distinction between 
 North and South in our common country. With a civil service 
 organized upon a system which will secure purity, experience, 
 efficiency, and economy, a strict regard for the public welfare 
 solely in appointments, and the speedy, thorough, and unsparing 
 prosecution and punishment of all public officers who betray 
 official trusts; with a sound currency; with education unsectarian 
 and free to all; with simplicity and frugality in public and pri- 
 vate affairs, and with a fraternal spirit of harmony pervading the 
 people of all sections and classes, we may reasonably hope that 
 the second century of our existence as a nation will, by the 
 blessing of God, be pre-eminent as an era of good feeling and a 
 period of progress, prosperity, and happiness. 
 
 Very respectfully, your fellow-citizen, 
 
 R. B. HAYES. 
 To the HoNS. Edwaed McPheeson, Wm. A. Howard, Jos. H. 
 Rainey, and others, Committee of the National Bepublican 
 Convention. 
 
INAUGURAL ADDRESS 
 
 PRESIDENT OF THE UNITED STATES. 
 
 MARCH 5, 1877. 
 
INAUGURAL ADDRESS. 
 
 Fellow-Citizens : We have assembled to repeat the public 
 ceremonial, begun by Washington, observed by all my prede- 
 cessors, and novs^ a time-honored custom, which marks the 
 commencement of a new term of the Presidential office. Called 
 to the duties of this great trust, I proceed, in compliance with 
 usage, to announce some of the leading principles on the sub- 
 jects that now chiefly engage the public attention, by which it 
 is my desire to be guided in the discharge of those duties. I 
 shall not undertake to lay down irrevocably principles or meas- 
 ures of administration, but rather to speak of the motives which 
 should animate us, and to suggest certain important ends to be 
 attained in accordance with our institutions and essential to the 
 welfare of our country. 
 
 At the outset of the discussions which preceded the recent 
 Presidential election, it seemed to me fitting that I should fully 
 make known my sentiments in regard to several of the impor- 
 tant questions which then appeared to demand the consider- 
 ation of the country. Following the example, and in part 
 adopting the language, of one of my predecessors, I wish now, 
 when every motive for misrepresentation has passed away, to 
 repeat what was said before the election, trusting that my 
 countrymen will candidly weigh and understand it, and that 
 they will feel assured that the sentiments declared in accepting 
 the nomination for the Presidency will be the standard of my 
 conduct in the path before me, charged, as I now am, with the 
 grave and difficult task of carrying them out in the practical 
 administration of the Government so far as depends, under the 
 Constitution and laws, on the Chief Executive of the nation. 
 
 The permanent pacification of the country upon such prin- 
 ciples and by such* measures as will secure the complete pro- 
 
12 LETTERS AND MESSAGE 
 
 tection of all' its citizens in the free enjoyment of all their 
 constitutional rights is now the one subject, in our public affairs, 
 which all thoughtful and patriotic citizens regard as of supreme 
 importance. 
 
 Many of the calamitous effects of the tremendous revolution 
 which has passed over the Southern States still remain. The 
 immeasurable benefits which will surely follow, sooner or later, 
 the hearty and generous acceptance of the legitimate results of 
 that revolution, have not yet been realized. Difficult and em- 
 barrassing questions meet us at the threshold of this subject. 
 The people of those States are still impoverished, and the ines- 
 timable blessing of wise, honest, and peaceful self-government 
 is not fully enjoyed. Whatever difference of opinion may exist 
 as to the cause of this condition of things, the fact is clear, that, 
 in the progress of events, the time has come when such govern- 
 ment is the imperative necessity required by all the varied 
 interests, public and private, of those States. But it must not 
 be forgotten that only a local government which recognizes and 
 maintains inviolate the rights of all is a true self-government. 
 
 With respect to the two distinct races whose peculiar rela- 
 tions to each other have brought upon us the deplorable com- 
 plications and perplexities which exist in those States, it must 
 be a government which guards the interests of both races care- 
 fully and equally. It must be a government which submits 
 loyally and heartily to the Constitution and the laws — the laws 
 of the Nation and the laws of the States themselves — accepting 
 and obeying faithfully the whole Constitution as it is. 
 
 Resting upon this sure and substantial foundation, the super- 
 structure of beneficent local governments can be built up, and 
 not otherwise. In furtherance of such obedience to the letter 
 and the spirit of the Constitution, and in behalf of all that its 
 attainment implies, all so-called party interests lose their appar- 
 ent importance, and party lines may well be permitted to fade 
 into insignificance. The question we have to consider for the 
 
LETTERS AND MESSAGES. IS 
 
 immediate welfare of those States of the Union is the question 
 of government or no government, of social order and all the 
 peaceful industries and the happiness that belong to it, or a 
 return to barbarism. It is a question in which every citizen of 
 the nation is deeply interested, and with respect to which we 
 ought not to be, in a partisan sense, either Republicans or 
 Democrats, but fellow-citizens and fellow-rhen, to whom the 
 interests of a common country and a common humanity are 
 dear. 
 
 The sweeping revolution of the entire labor system of a large 
 portion of our country, and the advance of four millions of people 
 from a condition of servitude to that of citizenship, upon an equal 
 footing vnth their former masters, could not occur without pre- 
 senting problems of the gravest moment, to be dealt with by 
 the emancipated race, by their former masters, and by the 
 General Government, the author of the act of emancipation. 
 That it was a wise, just, and Providential act, fraught with 
 good for all concerned, is now generally conceded throughout 
 the country. That a moral obligation rests upon the National 
 Government to employ its constitutional power and influence 
 to establish the rights of the people it has emancipated, and 
 to protect them in the enjoyment of those rights when they are 
 infringed or assailed, is also generally admitted. 
 
 The evils which afflict the Southern States can only be re- 
 moved or remedied by the united and harmonious efforts of 
 both races, actuated by motives of mutual sympathy and regard. 
 And while in duty bound and fully determined to protect the 
 rights of all by every constitutional means at the disposal of 
 my administration, I am sincerely anxious to use every legiti- 
 mate influence in favor of honest and efficient local self-govern- 
 ment as the true resource of those States for the promotion of 
 the contentment and prosperity of their citizens. In the effort 
 I shall make to accomplish this purpose I ask the cordial co- 
 operation of all who cherish an interest in the welfare of the 
 
14 LETTERS AND MESSAGE 
 
 country, trusting that party ties and the prejudice of race will 
 be freely surrendered in behalf of the great purpose to be ac- 
 complished. In the important work of restoring the South it 
 is not the poUtical situation alone that merits attention. The 
 material development of that section of the country has been 
 arrested by the social and political revolution through which 
 it has passed, and now needs and deserves the considerate care 
 of the National Government, within the just limits prescribed 
 by the Constitution and wise public economy. 
 
 But, at the basis of all prosperity, for that as well as for every 
 other part of the country, lies the improvement of the intellec- 
 tixal and moral condition of the people. Universal suffrage 
 should rest upon universal education. To this end, liberal and 
 permanent provision should be made for the support of free 
 schools by the State governments, and, if need be, supple- 
 mented by legitimate aid from national authority. 
 
 Let me assure my countrymen of the Southern States that it 
 is my earnest desire to regard and promote their truest inter- 
 ests, the interests of the white and of the colored people both, 
 and equally, and to put forth my best efforts in behalf of a civil 
 policy which will forever wipe out in our political affairs the 
 color line, and the distinction between North and South, to the 
 end that we may have not merely a united North or a united 
 South, but a united country. 
 
 I ask the attention of the public to the paramount necessity 
 of reform in our civil service, a reform not merely as to certain 
 abuses and practices of so-called official patronage, which have 
 come to have the sanction of usage in the several departments 
 of our Grovemment, but a change in the system of appointment 
 itself, a reform that shall be thorough, radical, and complete ; a 
 return to the principles and practices of the founders of the 
 Grovemment. They neither expected' nor desired from public 
 officers any partisan service. They meant that public officers 
 should owe their whole service to the Government and to the 
 
LETTERS- AND MESSAGES. 15 
 
 people. They meant that the officer should be secure m his 
 tenure as long as his personal character remained untarnished, 
 and the performance of his duties satisfactory. They held that 
 appointments to office were not to be made nor expected merely 
 as rewards for partisan services, nor merely on the nomination 
 of members of Congress, as being entitled in any respect to the 
 control of such appointments. 
 
 The fact that both the great political parties of the country, 
 in declaring their principles prior to the election, gave a promi- 
 nent place to th^ subject of reform of our civil service, recogniz- 
 ing and strongly urging its necessity, in terms almost identical in 
 their specific import with those I have here employed, must be 
 accepted as a conclusive argument in behalf of these measures. 
 It must be regarded as the expression of the united voice and 
 will of the whole country upon this subject, and both political 
 parties are virtually pledged to give it their unreserved support. 
 
 The President of the United States of necessity owes his 
 election to office to the suffrage and zealous labors of a political 
 party, the members of which cherish vnth ardor, and regard as 
 of essential importance, the principles of their party organiza- 
 tion. But he should strive to be always mindful of the fact 
 that he serves his party best who serves his country best. 
 
 In furtherance of the reform we seek, and in other important 
 respects a change of great importance, I recommend an amend- 
 ment to the Constitution prescribing a term of six years for the 
 Presidential office, and forbidding a re-election. 
 
 With respect to the financial condition of the country, I shall 
 not attempt an extended history of the embarrassment and 
 prostration which we have suffered during the past three years. 
 The depression in all our varied commercial and manufacturing 
 interests throughout the country, which began in September, 
 1873, still continues. It is very gratifying, however, to be able 
 to say that there are indications all around us of a coming 
 change to prosperous times. 
 
16 . LETTERS AND MESSAGI 
 
 Upon the currency question, intimately connected as it is 
 with this topic, I may be permitted to repeat here the statement 
 made in my letter of acceptance, that, in my judgment, the 
 feeling of uncertainty inseparable from an irredeemable paper 
 currency, with its fluctuation of values, is one of the greatest 
 obstacles to a return to prosperous times. The only safe paper 
 currency is one which rests upon a coin basis, and is at all 
 times and promptly convertible into coin. 
 
 I adhere to the views heretofore expressed by me in favor of 
 congressional legislation in behalf of an early resumption of 
 specie payment, a,nd I am satisfied not only that this is wise, 
 but that the interests as well as the public sentiment of the 
 country imperatively demand it. 
 
 Passing from these remarks upon the condition of our own 
 country to consider our relations with other lands, we are re- 
 minded by the international complications abroad, threatening 
 the peace of Europe, that our traditional rule "of non-interfer- 
 ence in the aifairs of foreign nations has proved of great value 
 in past times, and ought to be strictly observed. 
 
 The policy inaugurated by my honored predecessor, Presi- 
 dent Grant, of submitting to arbitration grave questions in 
 dispute between ourselves and foreign Powers, points to a new 
 and incomparably the best instrumentality for the preservation 
 of peace, and will, as I believe, become a beneficent example 
 of the course to be pursued in similar emergencies by other 
 nations. 
 
 If, unhappily, questions of difference should at any time 
 during the period of my administration arise between the United 
 States and any foreign Grovernment, it wiU certainly be my 
 disposition and my hope to aid in their settlement in the same 
 peaceful and honorable way, thus securing to our country the 
 great blessings of peace and mutual good offices with all the 
 nations' of the world. 
 
 Fellow-citizens, we have reached the close of a political con- 
 
LETTERS AND MESSAGES. 17 
 
 test marked by the excitement which usually attends the 
 contests between great political parties, whose members espouse 
 and advocate with earnest faith their respective creeds. The 
 circumstances were, perhaps, in no respect extraordinary, save 
 in the closeness and the consequent uncertainty of the result. 
 
 For the first time in the history of the country, it has been 
 deemed best, in view of the peculiar circumstances of the case, 
 that the objections and questions in dispute with reference to 
 the counting of the electoral votes should be referred to the 
 decision of a tribunal appointed for this purpose. 
 
 That tribunal — established by law for this sole purpose; its 
 members, all of them, men of long-established reputation for 
 integrity and intelligence, and, with the exception of those who 
 are also members of the Supreme Judiciary, chosen equally from 
 both political parties; its deliberations — enlightened by the re- 
 search and the arguments of able counsel — was entitled to the 
 fullest confidence of the American people. Its decisions have 
 been patiently waited for, and accepted as legally conclusive by 
 the general judgment of the pubhc. For the present, opinion 
 will widely vary as to the wisdom of the several conclusions 
 announced by that tribunal. This is to be anticipated in every 
 instance where matters of dispute are made the subject of arbi- 
 tration under the forms of law. Human judgment is never 
 unerring, and is rarely regarded as otherwise than wrong by 
 the unsuccessful party in the contest. 
 
 The fact that two great political parties have in this way 
 settled a dispute, in regard to which good men differ as to the 
 facts and the law, no less than as to the proper course to be 
 pursued, in solving the question in controversy, is an occasion 
 for general rejoicing. 
 
 Upon one point there is entire unanimity in public sentiment, 
 that conflicting claims to the Presidency must be amicably and 
 peaceably adjusted, and that when so adjusted the general 
 acquiescence of the nation ought surely to follow. 
 
 2 L M 
 
18 LETTERS AND MESSAGE 
 
 It has been reserved for a Government of the people, where 
 the right of suffrage is universal, to give to the world the first 
 example in history of a great nation, in the midst of a struggle 
 of opposing parties for power, hushing its party tumults, to 
 yield the issue of the contest to adjustment according to the 
 forms of law. 
 
 Looking for the guidance of that Divine Hand by which the 
 destinies of nations and individuals are shaped, I call upon you,. 
 Senators, Representatives, Judges, fellow-citizens, here and 
 everywhere, to unite with me in an earnest effort to secure to 
 our country the blessings, not only of material prosperity, but 
 of justice, peace, and union — a Union depending not upon the 
 constraint of force, but upon the loving devotion of a free 
 people; "and that all things maybe so ordered and settled upon 
 the best and surest foundations, that peace and happiness, 
 truth and justice, religion and piety, may be established among 
 us for all generations." 
 
LETTER OF INSTRUCTION 
 
 TO THE 
 
 LOUISIANA COMMISSION. 
 
 APRIL a, 1877. 
 
LETTER OF INSTRUCTION. 
 
 Washington, April 2, 1877. 
 
 Gentlemen: I am instructed by the President to lay before 
 yoa some observations upon the occasion and objects which 
 have led him to invite you, as members o# the commission about 
 to visit the State of Louisiana, to undertake this public service. 
 
 Upon assuming his office the President finds the situation 
 of affairs in Louisiana such as to justly demand his prompt and 
 solicitous attention, for this situation presents as one of its 
 features the apparent intervention of the military power of the 
 United States in the domestic controversies which, unhappily, 
 divide the opinions and disturb the harmony of the people of 
 that State. This intervention, arising during the term and by 
 the authority of his predecessor, throws no present duty upon 
 the President, except to examine and determine the real extent 
 and form and effect to which such intervention actually exists, 
 and to decide as to the time, manner, aiid conditions which 
 should be observed in putting an end to it. It is in aid of his 
 intelligent and prompt discharge of this duty that the President 
 has sought the service of this commission to supply by means 
 of its examination, conducted in the State of Louisiana, some 
 information that may be pertinent to tlf#*circumspection and 
 security of any measure he may resolve upon. 
 
 It will be readily understood that the service desired of and 
 intrusted to this commission does not include any examination 
 into or report upon the facts of the recent State election, or of 
 the canvass of the votes cast at such election. So far as atten- 
 tion to these subjects may be necessary the President cannot 
 but feel that the reports of the committees of thetwo Houses 
 of Congress, and other public information at hand, will dispense 
 with and should preclude any original exploration by the com- 
 mission of that field of inquiry. 
 
22 LETTERS AND MESSAG] 
 
 But it is most pertinent and important, in coming to a de- 
 cision upon the precise question of executive duty before him, 
 that the President should know what are the real impediments 
 to regular, legal, and peaceful procedures under the laws and 
 constitution of the State of Louisiana by which the anomalies 
 in government there presented may be put in course of settle- 
 ment without involving the element of military power as either 
 an agent or a make-weight in such solution. The successful 
 ascertainment of these impediments, the President would con- 
 fidently expect, would indicate to the people of that State the 
 wisdom and the mode of their removal. The unusual circum- 
 stances which attended and followed the State election and 
 canvass, from its relation to the excited feelings and interests 
 of the Presidential election, may have retarded, within the 
 State of Louisiana, the persuasive influences by which the 
 great social and material interests common to the whole people 
 of a State, and the pride of the American character as a law- 
 abiding nation, ameliorate the disappointments and dissolve 
 the resentments of close and zealous political contests. But the 
 President both hopes and believes that the great body of the 
 people of Louisiana are now prepared to treat the unsettled 
 results of their State election with a calm and conciliatory 
 spirit. If it bertoo much to expect a complete concurrence in 
 a single government for that State, at least the President may 
 anticipate a submisMon to the peaceful resources of the laws 
 and the constitution of the State of all their discussions, at 
 once relieving themselves from the reproach, and their fellow- 
 citizens of the United States from the anxieties, which must 
 ever attend a prolonged dispute as to the title and the adminis- 
 tration of the government of one of the States of the Union. 
 
 The President, therefore, desires that you should devote 
 your first and principal attention to a removal of the obstacles 
 to an acknowledgment of one government for the purpose of 
 an exercise of authority within the State, and a representation 
 
LETTERS AND MESSAGES. 23 
 
 of the State in its relations to the Greneral Grovernment, under 
 section four of article four of the Constitution of the United 
 States, leaving, if necessary, to judicial or other constitutional 
 arbitrament within the State the question of ultimate right. II 
 these obstacles should prove insuperable from whatever reason, 
 and the hope of a single government in all its departments be 
 disappointed, it should be your next endeavor to accomplish the 
 recognition of a single Legislature as the depositary of the rep- 
 resentative vsdll of the people of Louisiana. This great depart- 
 ment of government rescued from dispute, the rest of the 
 problem could gradually be worked out by the prevalent 
 authority which the legislative power, when undisputed, is 
 quite competent to exert in composing conflict in the co-ordi- 
 nate branches of the Government. 
 
 An attentive consideration of the conditions under which the 
 Federal Constitution and the acts of Congress provide or per- 
 mit military intervention by the President in protection of a 
 State against domestic violence has satisfied the President that 
 the use of this authority in determining or influencing disputed 
 ■elections in a State is most carefully to be avoided. Undoubt- 
 edly, as was held by the Supreme Court in the case of Luther 
 vs. Borden, the appeal frohi a State may involve such an inquiry 
 as to the lawfulness of the authority which invokes the inter- 
 ference of the President in supposed pursuance of the Consti- 
 tution. But it is equally true that neither the constitutional 
 provision nor the acts of Congress were framed with any such 
 ■design. Both obviously treated the case of domestic violence 
 within a State as of outbreak against law and the authority 
 •of established government which the State was unable to 
 suppress by its own strength. A case wherein every depart- 
 ment of the State government has a disputed representation, 
 and the State, therefore, furnishes to the Federal Grovernment 
 no internal political recognition of authority upon which the 
 Federal Executive can rely, will present a case of so much 
 
24 LETTEES AND MESSAGE 
 
 difficulty that it is of pressing importance to all interests in 
 Louisiana that it should be avoided. A single Legislature 
 would greatly relieve this difficulty, for that department of the 
 State government is named by the Constitution as the necessary 
 applicant, when it can be convened, for military intervention by 
 the United States. 
 
 If, therefore, the disputing interests can concur in or be 
 reduced to a single Legislature for the State of Louisiana, it 
 would be a great step in composing this unhappy strife. 
 
 The President leaves entirely to the commission the concili- 
 atory influences which, in their judgment, formed on the spot, 
 may seem to conduce to the proposed end. His own determi- 
 nation that only public considerations should inspire and attend 
 this effort to give the ascendency in Louisiana to the things: 
 that belong to peace, is evinced by his selection of commis- 
 sioners who offer to the country, in their own character, every 
 guarantee of the public motives and methods of the transac- 
 tions which they have undertaken. Your report of the result 
 of this endeavor will satisfy the President, he does not doubt,, 
 of the wis'dom of his selection of and of his plenary trust in 
 the commission. 
 
 A second and less important subject of attentioUj during your 
 visit to New Orleans will be the collection of accurate and 
 trustworthy information from the public officers and prominent 
 citizens of all political connections as to the State of public 
 feeling and opinion in the community at large upon the general 
 questions which affect the peaceful and safe exercise, within 
 the State of Louisiana, of all legal and political rights, and the 
 protection of all legal and political privileges conferred by the 
 Constitution of the United States upon all citizens. The 
 maintenance and protection of these rights and privileges, by 
 all constitutional means, and by every just, moral, and social 
 influence, are the settled purpose of the President in his 
 administration of the Government. He will hope to learni 
 
LETTERS AND MESSAGES. 25 
 
 from your investigations that this purpose will be aided and 
 not resisted by the substantial and effective public opinion of 
 the great body of the people of Louisiana. 
 
 The President does not wish to impose any limit upon your 
 stay in Louisiana that would tend to defeat the full objects of 
 your visit. He is, however, extremely desirous to find it in 
 his power, at the earliest day compatible with a safe exercise 
 of that authority, to put an end to even the appearance of mili- 
 tary intervention in the domestic affairs of Louisiana, and he 
 awaits your return with a confident hope that your report will 
 enable him promptly to execute a purpose he has so much at 
 heart. 
 
 The President desires me to add, that the publication of the 
 results of your visit he shall hope to make immediately after 
 their communication to him. 
 
 I have the honor to be, with great respect, your obedient 
 servant, 
 
 WM. M. EVARTS. 
 
 To the Honorable Charles B. Lawrencr, Joseph R. Hawley, 
 • John M. Harlan, John C. Brown, and Wayne MacVeagh, 
 
 Commissioners. 
 
EXECUTIYE ORDER 
 
 IN RELATION TO 
 
 MLITAET rUTEEVENTION OP THE GENEEAL GOVEEWMEUT IS THE 
 AEFAIES or THE STATE OF LOUISIANA. 
 
 APRIL ao, 1877. 
 
EXECUTIYE ORDER. 
 
 Executive Mansion, 
 
 Washington, April 20, 1877. 
 
 Sir : Prior to my entering upon the duties of the Presidency 
 there had been stationed by order of my predecessor in the 
 immediate vicinity of the building used as a State-house in 
 New Orleans, La., and known as Mechanics' Institute, a detach- 
 ment of United States infantry. Finding them in that place, 
 I have thought proper to delay a decision of the question of 
 their removal until I could determine whether the condition of 
 affairs is now such as to either require or justify continued mil- 
 itary intervention of the National Grovemment in the affairs of 
 the State. 
 
 In my opinion there does not now exist in Louisiana such 
 domestic violence as is contemplated by the Constitution as the 
 ground upon which the military power of the National Grov- 
 ernment may be invoked for the defence of the State. The 
 disputes which exist as to the right of certain claimants to the 
 chief executive office of that State are to be settled and deter- 
 mined, not by the Executive of the United States, but by such 
 orderly and peaceable methods as may be provided by the con- 
 stitution and the laws of the State. Having the assurance that 
 no resort to violence is contemplated, but, on the contrary, the 
 disputes in question are to be settled by peaceful methods, 
 under and in accordance with law, I deem it proper to take 
 action in accordance with the principles announced when I 
 entered upon the duties of the Presidency. 
 
 You are therefore directed to see that the proper orders are 
 
30 LETTERS AND MESSAGES. 
 
 issued for the removal of said troops at an -earlyi date from their 
 present position to such regular barracks in the vicinity as may 
 be selected for their occupation. 
 
 R B. HAYES. 
 To the Hon. Geo. W. McCeaey, 
 
 Secretary of War. 
 
REPORT 
 
 OF THE 
 
 LOUISIANA COMMISSION. 
 
 APRIL 34, 1877. 
 
REPORT OF THE LOUISIANA COMMISSION. 
 
 New Orleans, April 24, 1&77. 
 
 To the President of the United States : 
 
 Sir : In accordance with your request the undersigned have 
 visited this city and passed'the last sixteen days in ascertaining 
 the political situation of Louisiana, and endeavoring to bring 
 about a peaceful solution of its difficulties. In view of the 
 declaration in the letter of the Secretary of State, that we 
 should direct our effiarts to the end of securing the recognition 
 of a single Legislature as the depositary of the representative 
 will of the people of Louisiana, leaving, if necessary, to the 
 judicial or other constitutional aTbitrament within the State the 
 question of the ultimate right, and in view of your determina- 
 tion to withdraw the troops of the United States to their bar- 
 racks as soon as it could be done without endangering the peace, 
 we addressed ourselves to the task of securing a common 
 Legislature and undisputed authority competent to compose 
 the existing political contentions and preserve peace without 
 any aid from the National Grovernment. To this end we 
 endeavored to assuage the bitterness and animosity we found 
 existing, on both sides, so as to secure public opinion less unfa- 
 vorable to such concessions as were indispensable to our success 
 in obtaining such Legislature, and such general acquiescence 
 in its authority as would insure social order. We have had full 
 conferences with two gentlemen who claim the gubernatorial 
 office, and vdth many members of their respective governments 
 in their executive, judicial, and legislative departments. We 
 have also conversed very freely with large delegations of men 
 of business, with many of the district judges, and with hun- 
 dreds of prominent citizens of all parties and races, represent- 
 
 3 L M 
 
34 LETTERS AND MESSAGE! 
 
 ing not only this city but almost every parish in the State. We 
 have also received many printed and written statements of fact 
 and legal argument, and every person with whom we came in 
 contact has shown an earnest desire to give us all possible 
 information bearing on the unfortunate political divisions in the 
 State. 
 
 The actual condition of alFairs on our arrival in this city 
 may be briefly stated as follows : Grovernor Packard (we shall 
 speak of both gentlemen by the tiMe they claim) was at the 
 State-house with his Legislature and friends and armed police 
 force. As there was no quorum in the Senate, even upon his 
 own theory of law, his Legislature was necessarily inactive. 
 T-he supreme court, which recognized his authority, had not 
 attempted to transact any business since it was dispossessed of 
 its court-room and the custody of its records on the 9th day 
 of January, 1877. He had no organization of the militia, 
 alleging that his deficiency in that respect was owing to the 
 obedience to the orders of President Grant to take no steps 
 to change the relative position of himself and Governor Nich- 
 olls. His main chance was upon the alleged legal title, claim- 
 ing that it was the constitutional duty of the President to 
 recognize it, and to aiford him such military assistance as might 
 be necessary to enable him to assert his authority as Governor. 
 Governor NichoUs was occupying Odd Fellows' Hall as a State- 
 house. His Legislature met there, and was actively engaged 
 in business of legislation. All the departments of the city 
 government of New Orleans recognized his authority. The 
 supreme court, nominated by him, and confirmed by the Sen- 
 ate, was holding daily sessions, and had heard about two hun- 
 dred cases. The time for the collection of taxes had not 
 arrived, but considerable sums of money, in the form of taxes, 
 had been voluntarily paid into his treasury, out of which he 
 was defraying the ordinary expenses of the State government. 
 The NichoUs Legislature • had a quorum in the Senate upon 
 
LETTERS AND MESSAGES. 35 
 
 either tlie NichoUs or Packard theory of law, and a quorum in 
 the House on the Nicholls, but not oh the Packard theory. 
 The Packard Legislature had a quorum in the House on its 
 own theory of law, but, as already stated, not in the Senate, 
 and was thus disabled from any legislation that would be valid 
 even in the judgment of its own party. The commission found 
 it to be very difficult to ascertain the precise extent to which 
 the respective governments were acknowledged ' in the various 
 parishes outside of New Orleans ; but it is safe to say that the 
 changes which had taken place in parishes after the organiza- 
 tion of the two governments, January 9, 1877, were in favor 
 of the Nicholls government. The claim to the legality of the 
 supreme court, composed of Chief Justice Manning and his 
 associates, who were nominated by Governor Nicholls, and 
 confirmed by his Senate, rests upon the same basis as the title 
 of Governor Nicholls and his Senate. The claim to the legality 
 of the supreme court, composed of Chief Justice Ludeling 
 and his associates, rests either upon their right to hold over in 
 case the Nicholls court is illegal, or upgn the legality of the 
 Kellogg-Packard Senate, which confirmed the judges upon the 
 nomination of Governor Kellogg, and while it had a returning- 
 board quorum. We have briefly sketched the actual position as 
 we found it. 
 
 THE LEGAL STATUS. 
 
 We will now state the legal question upon which the right 
 of these respective governments depends. The constitution of 
 the State of Louisiana requires that the "returns of all elec- 
 tions for members of the General Assembly shall be made to 
 the Secretary of State." It also provides that "qualified elec- 
 tors shall vote for Governor and Lieutenant Governor at the 
 time and place of voting for Representatives. The returns of 
 every election shall be sealed up and transmitted by the proper 
 returning officers to the Secretary of State, who shall deliver 
 thfem to the Speaker of the House of Representatives on the 
 
36 LETTERS. AND MESSAGE 
 
 second day of the General Assembly then to be holden. Mem- 
 bers of the Greneral Assembly shall meet in the House of 
 Representatives and examine and count the votes." It will be 
 observed that this provision of the Constitution requires the 
 returns of votes for Grovernor and Lieutenant Governor to be 
 sealed up and transmitted by the proper returning officers to 
 the Secretary of State, and the same provision is made, in sub- 
 stance, as to members of the General Assembly ; but, in 1870, 
 the Legislature passed an act, amended in 1872, which created 
 a body called the returning board, consisting of five members, 
 to be appointed by the Senate, and to be returning officers for 
 all elections in the. State. The act provides that "the com- 
 missioners of election, at each poll or voting-place, shall count 
 the votes, making the list of names of all persons voted for 
 and the officers for which the votes were given, number of votes 
 received by each, number of ballots contained in the box, and 
 the number rejected, and reasons therefor, and to make dupli- 
 cates of such lists, and send one to the supervisor of registra- 
 tion of the parish of Orleans and one to the Secretary of 
 State." The law further requires the supervisors of registra- 
 tion to consolidate the returns received from the different poll- 
 ing-places and forward them, with the originals, to the returning 
 board. The act further provides "that if there shall be any 
 riot, tumult, acts of violence, intimidation, and disturbance, 
 bribery or corrupt influences at any places within said parish, 
 at or near any poll or voting-place, or places of registration or 
 revision of registration, which riot, tumult, acts of violence, 
 intimidation, and disturbance, bribery or corrupt influences, 
 shall prevent or tend to prevent a fair, free, peaceable, and full 
 vote of all qualified electors, it shall be the duty of the commis- 
 sioners to make a statement of such facts and forward the same 
 to the supervisor of registration with his returns of election, 
 and the supervisors of registration shall forward the same to 
 the returning board." The returning board is required to 
 
LETTERS AND MESSAGES, 37 
 
 investigate statements of intimidation, and to exclude from the 
 returns, which it makes to the Secretary of State, the returns 
 received by it from those polls or voting-places where a fair 
 election has been prevented by the causes above named. The 
 same law further declares — 
 
 "It shall be the duty of the Secretary of State to transmit 
 to the clerk of the House of Representatives, and to the secre- 
 tary of the Senate of the last Greneral Assembly, a list of the 
 names of such persons as, according to the returns, shall have 
 been elected to either branch of the General Assembly; and 
 it shall be the duty of the clerk and secretary to place the 
 names of Representatives and Senators elect upon the roll of 
 the House and Senate respectively, and those Representatives 
 and Senators whose names are so placed by the clerk and sec- 
 retary respectively, in accordance vdth the foregoing provisions, 
 and none other, shall be competent to organize the House of 
 Representatives or Senate." 
 
 It is claimed by the counsel for the NichoUs government that 
 this act, so far as it interposes the returning board exercising 
 those powers of exclusion between the parish supervisor of 
 registration, with his consolidated report, and the Secretary of 
 State, is, when applied to the election of members of the Gren- 
 eral Assembly, of Governor, and Lieutenant Governor, a plain 
 violation of those provisions of the constitution of Louisiana 
 which say the returns of all elections for members of the Gen- 
 eral Assembly shall be made to the Secretary of State; and, 
 in reference to Governor and Lieutenant Governor, the returns 
 of every election "shall be sealed up and transmitted by the 
 proper returning officers to the Secretary of State," who shall 
 dehver them to the Speaker of the House of Representatives. 
 On the other hand, it is insisted by the counsel for the Packard 
 government that the Legislature has power to create this return- 
 ing board and give it the authority with which the act clotiies 
 it. It is also claimed by them that the constitutionality of the 
 act has been settled by the supreme court of the State, but 
 the Nicholls party denied that the question was decided by the 
 
38 LETTEES AND MESSAGI 
 
 supreme court in a manner that could be considered authori- 
 tative. It should be further stated ^at it was not claimed by 
 the counsel for Governor NichoUs that the Legislature could 
 not create a returning board and clothe it with these powers in 
 regard to the appointment of the Presidential electors, since 
 the provisions of the State constitution on. which they rely 
 relate only to the election of members of the Legislature, of 
 Governor, and Lieutenant Governor. We quote the following 
 sentence from one of their printed arguments: 
 
 "Indeed, as to Presidential electors, the mode of their appoint- 
 ment is, by the Constitution of the United States, left to the 
 discretion of the Legislature of the State, therefore the General 
 Assembly of Louisiana might create any tribunal whatever and 
 confide the appointment of electors for President and Vice- 
 President to it; consequently it may properly authorize such a 
 tribunal in the case of the election of Presidential electors by 
 the people to count the votes and decide and declare who were 
 entitled to seats in the electoral college." 
 
 As matters stood on our arrival here the legal title of the 
 respective claimants to the office of Governor depended upon 
 the question we have stated. There was no judicial tribunal 
 acknowledged to be authoritative by both parties by which it 
 could be solved for reasons already given. The only hope of 
 a practical solution was by the union of so many members of 
 the rival Legislatures as would make a Legislatui-e with a con- 
 stiliutional quorum, in both Senate and House, of members 
 whose title to seats is valid under either view of the law. With 
 a Legislature of undisputed authority the 'settlement of other 
 questions could, as stated in the letter of instruction to our 
 commission from the Secretary of State, be gradually worked 
 out by the prevalent authority which legislative power, when 
 undisputed, is quite competent to exert in composing conflicts 
 in co-ordinate branches of the Government. Within the last 
 three days this first great step in restoring peace to the State 
 has been accomplished. In consequence of a withdrawal of 
 members from the Packard to the NichoUs Legislature the 
 
LETTEES AND MESSAGES. 39 
 
 latter body has now eighty-seven returning-board members in 
 the House and thirty-two in the Senate. Sixty-one members 
 constitute a constitutional quorum in the House and nineteen in 
 the Senate. 
 
 CONCLUSIONS OP THE COMMISSION. 
 
 It is proper that we should say in conclusion, that it was in 
 view of the foregoing facts, especially the consolidation of the 
 Legislatures and our knowledge of the condition of Louisiana, 
 <3erived from personal contact with the people, that we were 
 induced to suggest, in our telegram of the 20th instant, that 
 the immediate announcement of the time when the troops would 
 be withdrawn to their barracks would be better for the peace 
 of Louisiana than to postpone such announcement to some dis- 
 tant day. The commissioners, holding various shades of polit- 
 ical belief, cannot well concur in any sketch of the past or 
 probable future of Louisiana. We have foreborne in this report 
 to express any opinion on the legal questions arising upon the 
 foregoing statement of facts, because our letter of instructions 
 seemed to call for a statement of facts rather than an expres- 
 sion of opinion by the commissioners. We all, however, 
 indulge in confident hopes of better days for all races in Lou- 
 isiana. Among the reasons for these hopes are the resolutions 
 of the NichoUs Legislature and the letter of Governor NichoUs, 
 herewith submitted, and which has already been given to the 
 public. 
 
 With an earnest hope that the adjustment which has been 
 
 made of the political controversies of Louisiana will be of 
 
 lasting benefit to that State, and be approved by the patriotic ■ 
 
 people of all sections, we have the honor to be, your obedient 
 
 servants, 
 
 CHARLES B. LAWRENCE. 
 
 JOSEPH R. HAWLEY. 
 
 JOHN M. HARLAN. 
 
 JOHN C. BROWN. 
 
 WAYNE MacVEAGH. 
 
LETTER 
 
 THE CONDUCT TO BE OBSERYED BY OiriOEES OE THE GENEEAL 
 GOVEEUMENT IS EELATIOU TO ELECTIOITS. 
 
 MAY 26, 1877. 
 
LETTER, 
 
 Executive Mansion, 
 
 Washington, May 26, 1877. 
 
 My dear sih : I have read the partial report of the Commis- 
 sion appointed to examine the New York custom-house. I 
 concur with the Commission in their recommendations. It is 
 my wish that the collection of the revenues should be free from 
 partisan control, and organized on a strictly business basis, with 
 the same guarantees for efficiency and fidelity in the selection 
 of the chief and subordinate officers that would be required by 
 a prudent merchant. Party leaders should have no more influ- 
 ence in appointments than other equally respectable citizens. 
 No assessments for political purposes, on officers or subordi- 
 nates, should be allowed. No useless officer or employ^ should 
 be retained. No officer should be. required or permitted to take 
 part in the management of political organizations, caucuses, 
 conventions, or election campaigns. Their right to vote, and 
 to express their views on public questions, either orally or 
 through the press, is not denied, provided it does not interfere 
 with the discharge of their official duties. 
 
 Respectfully, 
 
 R B. HAYES. 
 
 Hon. John Sherman, &c. 
 
M:E:ss-A.aE 
 
 TWO HOUSES or OOUGEESS AT THE OOMMENOEMENT OE THE PIEST 
 SESSION OF THE FOETT-FIFTH OONGKESS. 
 
 OCTOBER 15, 1877. 
 
MESSAGE. 
 
 Fellow-Citizens op the Senate 
 
 AND House of Representatives: 
 
 The adjournment of the last Congress, without making ap- 
 propriations for the support of the Army for the present fiscal 
 year, has rendered necessary a suspension of payments to the 
 officers and men of the sums due them for services rendered 
 after the 30th day of June last. The Army exists by virtue of 
 statutes which prescribe its numbers, regulate its organization 
 and employment, and which fix the pay of its officers and men^ \ 
 and declare their right to receive the same at stated periods. 
 These statutes, however, do not authorize the payment of the 
 troops in the absence of specific appropriations therefor. The 
 Constitution has wisely provided that "no money shall be drawn 
 from the Treasury but in consequence of appropriations made 
 by law;" and it has also been declared by statute that "no 
 department of the Grovernment shall expend in any one fiscal 
 year any sum in excess of appropriations made by Congress 
 for that fiscal year." We have, therefore, an Army in service, 
 authorized by law and entitled to be paid, but no funds avail- 
 able for that purpose. It may also be said, as an additional 
 incentive to prompt action by Congress, that, since the com- 
 mencement of the fiscal year, the Army, though without pay, 
 has been constantly and actively employed in arduous and dan- 
 gerous service, in the performance of which both officers and 
 men have discharged their duty with fidelity and courage, and 
 without complaint. These circumstances, in my judgment, 
 constitute an extraordinary occasion, requiring that Congress 
 be convened in advance of the time prescribed by law for your 
 meeting in regular session. The importance of speedy action 
 upon this subject on the part of Congress, is so manifest, that I 
 
48 LETTERS AND MESSAGES. 
 
 venture to suggest the propriety of making the necessary appro- 
 priations for the support of the Army, for the current year at 
 its present maximum numerical strength of twenty-five thou- 
 sand men; leaving for future consideration all questions relating 
 to an increase or decrease of the number of enlisted men. In 
 the event of the reduction of the Army by subsequent legisla- 
 tioQ during the fiscal year, the excess of the appropriation could 
 not be expended; and in the event of its enlargement, the 
 additional sum required for the payment of the extra force 
 could be provided in due time. It would be unjust to the troops 
 now in service, and whose pay is already largely in arrears, if 
 payment to them should be further postponed until after Con- 
 gress shall have considered all the questions likely to arise in 
 the effort to fix the proper limit to the strength of the Army. 
 
 Estimates of appropriations for the support of the military 
 establishment for the fiscal year ending June 30, 1878, were 
 transmitted to Congress by the former Secretary of the Treas- 
 ury at the opening of its session in December last. These 
 estimates, modified by the present Secretary so as to conform 
 to present requirements, are now renewed — amounting to 
 $32,436,764 98 — and, having been transmitted to both Houses 
 of Congress, are submitted for your consideration. 
 
 There is also required by the Navy Department $2,003,861 27. 
 This sum is made up of $1,446,688 16 due to officers and en- 
 listed men for the last quarter of the last fiscal year; $311,963 50 
 due for advances made by the fiscal agent of the Grovernment 
 in London for the support of the foreign service; $50,000 due 
 to the Naval- Hospital fund; $150,000 due for arrearages of 
 pay to officers; and $45,219 58 for the support of the Marine 
 Corps. 
 
 There will also be needed an appropriation of $262,535 22 
 to defray the unsettled expenses of the United States courts 
 for the fiscal year ending June 30 last, now due to attorneys, 
 clerks, commissioners, and marshals, and for rent of court- 
 rooms, the support of prisoners, and other deficiencies. 
 
LETTERS AND MESSAGES. 49 
 
 A part of the building of the Interior Department was de- 
 stroyed by fire on the 24th of last month. Some immediate 
 repairs and temporary structures have in consequence become 
 necessary, estimates for which will be transmitted to Congress 
 immediately, and an appropriation of the requisite funds is 
 respectfully recommended. ' 
 
 The Secretary of the Treasury will communicate to Con- 
 gress, in connection with the estimates for the appropriations 
 for the support of the Army for the current fiscal year, esti- 
 mates for such other deficiencies in the different branches of 
 the public service as require immediate action, and cannot, 
 without inconvenience, be postponed until the regular session. 
 
 I take this opportunity, also, to invite your attention to the 
 propriety of adopting at your present session the necessary 
 legislation to enable the people of the United States to partici- 
 pate in the advantages of the International Exhibition of Agri- 
 culture, Industry, and the Fine Arts, which is to be held at 
 Paris in 1878, and in which this Government has been invited 
 by the Government of France to take part. 
 
 This invitation was communicated to this Government in 
 May, 1876, by the Minister of France at this Capital, and a 
 copy thereof was submitted to the proper committees of Con- 
 gress at its last session, but no action was taken upon the subject. 
 
 The Department of State has received many letters from 
 various parts of the country expressing a desire to participate 
 in the Exhibition, and numerous applications of a similar nature 
 have also been made at the United States Legation at Paris. 
 
 The Department of State has also received official advice of 
 the strong desire on the part of the French Government that 
 the United States should participate in this enterprise, and 
 space has hitherto been, and still is, reserved in the Exhibition 
 buildings for the use of exhibitors from the United States, to 
 the exclusion of other parties who have been applicants therefor. 
 
 In order that our industries may be properly represented at 
 
 4 L M 
 
50 LETTERS AND MESJ 
 
 the Exhibition, an appropriation will be needed for the pay- 
 ment of salaries and expenses of commissioners for the trans- 
 portation of goods, and for other purposes in connection with 
 the object in view, and as May next is the time fixed for the 
 opening of the Exhibition, if our citizens are to share the 
 advantages of this international competition for the trade of 
 other nations, the necessity of immediate action is apparent. 
 
 To enable the United States to co-operate in the Interna- 
 tional Exhibition which was held at Vienna in 1873, Congress 
 then passed a joint resolution making an appropriation of two 
 hundred thousand dollars, and authorizing the President to 
 appoint a certain number of practical artisans and scientific 
 men who should attend the Exhibition and report their pro- 
 ceedings and observations to him. ■ Provision was also made for 
 the appointment of a number of honorary commissioners. 
 
 I have felt that prompt action by Congress in accepting the 
 invitation of the Grovernment of France is of so much interest 
 to the people of this country, and so suitable to the cordial 
 relations between the Governments of the two countries, that 
 the subject might properly be presented for attention at your 
 present session. 
 
 The Grovernment of Sweden and Norway has addressed an 
 official invitation to this Government to take part in the Inter- 
 national Prison Congress, to be held at Stockholm next year. 
 The problem which ,the congress proposes to study — ^how to 
 diminish crime — is one in which all civilized nations have an 
 interest in common ; and the congress of Stockholm seems 
 likely to prove the most important convention ever held for the 
 study of this grave question. Under authority of a joint reso- 
 lution of Congress, approved February 16, 1875, a commis- 
 sioner was appointed by my predecessor to represent the 
 United States upon that occasion, and the prison congress 
 having been, at the earnest desire of the Swedish Government, 
 postponed to 1878, his commission was renewed by me. An 
 
LETTERS AND MESSAGES. 51 
 
 appropriation of eight thousand dollars was made in the sundry 
 civil-service act of 1875 to meet the expenses of the commis- 
 sioner. I recommend the reappropriation of that sum for the 
 same purpose, the former appropriation having been covered 
 into the Treasury, and being no longer available for the pur- 
 pose without further action by Congress. The subject is 
 brought to your attention at this time in view of circumstances 
 which render it highly desirable that the commissioner should 
 proceed to the discharge of his important duties immediately. 
 
 As the several acts of Congress providing for detailed reports 
 from the different departments of the Government, require 
 their submission at the beginning of the regular annual session, 
 I defer until that time any further reference to subjects of 
 public interest. 
 
 R. B. HAYES. 
 
 Washington, October 15, 1877. 
 
]Vd:ESS^G-E 
 
 TWO HOUSES OF OONGEESS AT THE COMMENCEMENT OF THE SECOND- 
 SESSION OF THE FOETT-FIFTH CONGEESS. 
 
 DECEMBEK 3, 1877. 
 
MESSAGE. 
 
 Fellow-Citizens of the Senate 
 
 AND House of Repeesentatives : 
 
 With devout gratitude to the bountiful Griver of all good, I 
 congratulate you that, at the beginning of your first regular 
 session, you find our country blessed with health and peace 
 and abundant harvests, and with encouraging prospects of an 
 early return of general prosperity. 
 
 To complete and make permanent the pacification of the 
 country continues to be, and, until it is fully accomplished, must 
 remain, the most important of all our national interests. The 
 earnest purpose of good citizens generally, to unite their efforts 
 in this endeavor, is evident. It found decided expression in 
 the resolutions announced in 1876 by the national conventions 
 of the leading political parties of the country. There was a 
 wide-spread apprehension that the momentous results in our 
 progress as a nation, marked by the recent amendments to the 
 Constitution, were in imminent jeopardy; that the good under- 
 standing which prompted their adoption, in the interest of a 
 loyal devotion to the general welfare, might prove a barren, 
 truce, and that the two - sections of the country, once engaged 
 in civil strife, might be again almost as widely severed and dis- 
 united as they were when arrayed in arms against each other. 
 
 The course to be pursued which in my judgment seemed 
 wisest, in the presence of this emergency, was plainly indicated 
 in my inaugural address. . It pointed to the time which all our 
 people desire to see, when a genuine love of our whole country, 
 and of all that concerns its true welfare, shall supplant the 
 destructive forces of the mutual animosity of races and of sec- 
 tional hostility. Opinions have diifered widely as to the meas- 
 ures best calculated to secure this great end. This was to be 
 
56 LETTEKS AND MESSJ 
 
 expected. The measures adopted by the Administration have 
 been subjected to severe and varied criticism. Any course 
 whatever which might have been entered upon would certainly 
 have encountered distrust and opposition. These measures 
 were, in my judgment, such as were most in harmony with the 
 Constitution and with the genius of our people, and best 
 adapted, under all the circumstances, to attain the end in view. 
 Beneficent results, already apparent, prove that these endeavors 
 are not to be regarded as a mere experiment, and should sustain 
 and encourage us in our efforts. Already, in the brief period 
 which has elapsed, the immediate effectiveness, no less than the 
 justice of the course pursued, is demonstrated, and I have an 
 abiding faith that time will furnish its ample vindication in the 
 minds of the great majority of my fellow-citizens. The discon- 
 tinuance of the use of the Army for the purpose of upholding 
 local governments in two States of the Union was no less a 
 constitutional duty and requirement, under the circumstances 
 existing at the time, than it was. a much-needed measure for the 
 restoration of local self-government and the promotion of national 
 harmony. The withdrawal of the troops from such employment 
 was effected deliberately, and with solicitous care for the peace 
 and good order of society, and the protection of the property 
 and persons and every right of all classes of citizens. 
 
 The results that have followed are indeed significant and en- 
 couraging. All apprehension of danger from remitting those 
 States to local self-government is dispelled, and a most salutary 
 change in the minds of the people has begun and is in progress 
 in every part of that section of the country once the theatre of 
 unhappy civil strife, substituting for suspicion, distrust, and 
 aversion, concord, friendship, and patriotic attachment to the 
 Union. No unprejudiced mind will deny that the terrible and 
 often fatal collisions which for several years have been of fre- 
 quent occurrence, and have agitated and alarmed the public 
 mind, have almost entirely ceased, and that a spirit of mutual 
 
LETTERS AND MESSAGES. 57 
 
 forbearance and hearty national interest has succeeded. There 
 has been a general re-establishment of order, and of the orderly 
 administration of justice ; instances of remaining lawlessness 
 have become of rare occurrence ; political turmoil and turbu- 
 lence have disappeared ; useful industries have been resumed ; 
 public credit in the Southern States has been greatly strength- 
 ened ; and the encouraging benefits of a revival of commerce 
 between the sections of the country lately embroiled in civil 
 war are fully enjoyed. Such are some of the results alreadjr 
 attained, upon which the country is to be congratulated. They 
 are of such importance, that we may with confidence patiently 
 await the desired consummation that will surely come with the 
 natural progress of events. 
 
 It may not be improper here to say that it should be our fixed 
 and unalterable determination to protect, by all available and 
 proper means, under the Constitution and the laws, the lately- 
 emancipated race in the enjoyment of their rights and privileges ; 
 and I urge upon those to whom heretofore the colored people 
 have sustained the relation of bondmen, the wisdom and justice 
 of humane and liberal local legislation with respect to their 
 education and general welfare. A firm adherence to the laws, 
 both National and State, as to the civil and political rights of 
 the colored people, now advanced to full and equal citizenship ; 
 the immediate repression and sure punishment by the National 
 and local authorities, within their respective jurisdictions, of 
 every instance of lawlessness and violence toward them, is re- 
 quired for the security alike of both races, and is justly demanded 
 by the public opinion of the country and the age. In this way 
 the restoration of harmony and good wiU, and the complete 
 protection of every citizen in the full enjoyment of every con- 
 stitutional right, wiU surely be attained. Whatever authority 
 rests with me to this end, I shall not hesitate to put forth. 
 Whatever belongs to the power of Congress and the jurisdiction 
 of the courts of the Union, they may confidently be relied upon. 
 
58 LETTERS AND MESS 
 
 to provide and perform. And to the legislatures, the courts, 
 and the executive authorities of the several States,'! earnestly 
 appeal to secure, by adequate, appropriate, and seasonable means, 
 within their borders, these common and uniform rights of a 
 united people which loves liberty, abhors oppression, and reveres 
 justice. These objects are very dear to my heart. I shall 
 continue most earnestly to strive for their attainment. The 
 cordial co-operation of all classes — of all sections of the country 
 and of both races — is required for this purpose ; and with these 
 blessings assured, and not otherwise, we may safely hope to 
 hand down our free institutions of government unimpaired to 
 the generations that will succeed us. 
 
 Among the other subjects of great and general importance to 
 the people of this country I cannot be mistaken, I think, in 
 regarding as pre-eminent the policy and measures which are 
 designed to secure the restoration of the currency to that nor- 
 mal and healthful condition in which, by the resumption of 
 specie payments, our internal trade and foreign commerce may 
 be brought into harmony with the system of exchanges which 
 is based upon the jjrecious metals as the intrinsic money of the 
 world. In the public judgment that this end should be sought 
 and compassed as speedily and securely as the resources of the 
 people and the wisdom of their Government can accomplish, 
 there is a much greater degree of unanimity than is found to 
 concur in the specific measures which will bring the country 
 to this desired end, or the rapidity of the steps by which it can 
 be safely reached. 
 
 Upon a most anxious and deliberate examination which I 
 have felt it my duty to give to the subject, I am but the more 
 confirmed in the opinion which I expressed in accepting the 
 nomination for the Presidency and again upon my inaugura- 
 tion, that the policy of resumption should be pursued by every 
 suitable means, and that no legislation would be wise that should 
 disparage the importance or retard the attainment of that result. 
 
LETTERS AND MESSAGES. 59 
 
 I havft no disposition, and certainly no right, to question the 
 sincerity or the intelligence of opposing opinions, and would 
 neither conceal nor undervalue the considerable difficulties, and 
 even occasional distresses, vs^hich may attend the progress of 
 the nation towards this primary condition to its general and 
 permanent prosperity. I must, however, adhere to my most 
 earnest conviction that any wavering in purpose or unsteadi- 
 ness in methods, so far from avoiding or reducing the inconve- 
 nience inseparable from the transition from an irredeemable to 
 a redeemable paper currency, would only tend to increased and 
 prolonged disturbance in values, and, unless retrieved, must 
 end in serious disorder, dishonor, and disaster in the financial 
 aifairs of the Government and of the people. The mischiefs 
 which I apprehend, and urgently deprecate, are confined to no 
 class of the people indeed, but seem to me most certainly to 
 threaten the industrious masses, whether their occupations are 
 of skilled or common labor. To them, it seems to me, it is of 
 prime importance that their labor should be compensated in 
 money which is itself fixed in exchangeable value by being 
 irrevocably measured by the labor necessary to its production. 
 This permanent quality of the money of the people is sought 
 for, and can only be gained by the resumption of specie pay- 
 ments. The rich, the speculative, the operating, the money- 
 dealing classes, may not always feel the mischiefs of, or may 
 find casual profits in, a variable currency, but the misfortunes 
 of such a currency to those who are paid salaries or wages are 
 inevitable and remediless. 
 
 Closely connected with this general subject of the resump- 
 tion of specie payments, is one of subordinate, but still of grave 
 importance — I mean the readjustment of our coinage system, 
 by the renewal of the silver dollar, as an element in our specie 
 currency, endowed by legislation with the quality of ■ legale 
 tender to a greater or less extent. 
 
 As there is no doubt of the power of Congress, under the 
 
60 LETTEES AND MESS 
 
 Constitution, "to coin rnoney and regulate the value thereof," 
 and as this power covers the vs^hole range of authority applica- 
 ble to the metal, the rated value, and the legal-tender quality 
 which shall be adopted for the coinage, the considerations, 
 which should induce or discourage a particular measure con- 
 nected with the coinage belong clearly to the province of legis- 
 lative discretion, and of public expediency. Without intruding 
 upon this province of legislation in the least, I have yet thought 
 the subject of such critical importance in the actual condition 
 of our affairs, as to present an occasion for the exercise of the 
 duty imposed by the Constitution on the President, of recom- 
 mending to the consideration of Congress " such measures as 
 he shall judge necessary and exjjedient." 
 
 Holding the opinion, as I do, that neither the interests of 
 the Grovernment nor of the people of the United States would 
 be promoted by disparaging silver as one of the two precious 
 metals which furnish the coinage of the world; and that legis- 
 lation which looks to maintaining the volume of intrinsic money 
 to as full a measure of both metals as their relative commercial 
 values will permit, would be neither unjust nor inexpedient, I 
 must ask your indulgence to a brief and definite statement of 
 certain essential features in any such legislative measure which 
 I feel it my duty to recommend. 
 
 I do not propose to enter the debate, represented on both 
 sides by such able disputants in Congress and before the people 
 and in the press, as to the extent to which the legislation of 
 any one nation can control this question, even within its own 
 borders, against the unwritten laws of trade, or the positive laws 
 of other governments. The wisdom of Congress, in shaping 
 any particular law that may be presented for my approval may 
 wholly supersede the necessity of my entering into these con- 
 siderations, and I willingly avoid either vague or intricate in- 
 quiries. It is only certain plain and practical traits of such 
 legislation that I desire to recommend to your attention. 
 
LETTERS AND MESSAGES. 61 
 
 In any legislation providing for a silver coinage, regulating 
 its value and imparting to it the quality of legal-tender, it seems 
 to me of great importance that Congress should not lose sight 
 of its action as operating in a two-fold capacity, and in two 
 distinct directions. If the United States Grovernment were 
 free from a public debt, its legislative dealing with the question 
 of silver coinage would be purely sovereign and governmental, 
 under no restraints but those of constitutional power and the 
 public good as affected by the proposed legislation. But, in 
 the actual circumstances of the nation, with a vast public debt 
 distributed very widely among our own citizens, and held in 
 great amounts also abroad, the nature of the silver-coinage 
 measure, as affecting this relation of the Government to the 
 holders of the public debt, becomes an element, in any pro- 
 posed legislation, of the highest concern. The obligation of 
 the public faith transcends all questions of profit or public 
 advantage otherwise. Its unquestionable maintenance is the 
 dictate as well as of the highest expediency, as of the most 
 necessary duty, and will ever be carefully guarded by Congress 
 and people alike. 
 
 The public debt of the United States, to the amount of 
 $729,000,000, bears interest at the rate of six per cent., and 
 $708,000,000 at the rate of five per cent., and the only way in 
 which the country can be relieved from the payment of these 
 high rates of interest is . by advantageously refunding the in- 
 debtedness. Whether the debt is ultimately paid in gold or 
 in silver coin is of but little moment compared with the pos- 
 sible reduction of interest one-third, by refunding it at such 
 reduced rate. If the United States had the unquestioned right 
 to pay its bonds in silver coin, the little benefit from that pro- 
 cess would be greatly overbalanced by the injurious efiect of 
 such payment, if made or proposed against the honest convic- 
 tions of the public creditors. All the bonds that have been 
 issued since February 12, 1873, when gold became the only 
 
62 LETTERS AND MESS 
 
 unlimited legal-tender metallic currency of the country, are 
 justly payable in gold coin or in coin of equal value. During 
 the time of these issues, the only dollar that could be or was 
 received by the Government in exchange for bonds was the 
 gold dollar. To require the public creditors to take, in repay- 
 ment, any dollar of less commercial value, would be regarded 
 by them as a repudiation of the ftill obligation assumed. The 
 bonds issued prior to 1873 were issued at a time when the gold 
 dollar was the only coin in circulation or contemplated by either 
 the Grovernment or the holders of the bonds as the coin in 
 which they were to be paid. It is far better to pay these bonds 
 in that coin than to seem to take advantage of the unforeseen 
 fall in silver bullion to pay in a new issue of silver coin, thus 
 made so much less valuable. The power of the United States 
 to coin money and to regulate the value thereof ought never to 
 be exercised for the purpose of enabling the Government to 
 pay its obligations in a coin of less value than that contemplated 
 by the parties when the bonds were issued. Any attempt to 
 pay the national indebtedness in a coinage of less commercial 
 value than the money of the world would involve a violation of 
 the public faith and work irreparable injury to the public credit. 
 
 It was the great merit of the act of March, 1869, in strength- 
 ening the public credit, that it removed all doubt as to the pur- 
 pose of the United States to pay their bonded debt in coin. 
 That act was accepted as a pledge of public faith. , The Gov- 
 ernment has derived great benefit from it in the progress thus 
 far made in refunding the public debt at low rates of interest. 
 An adherence to the wise and just policy of an exact observance 
 of the public faith will enable the Government rapidly to re- 
 duce the burden of interest on the national debt to an amount 
 exceeding $20,000,000 per annum, and effect an aggregate 
 saving to the' United States of more than $300,000,000 before 
 the bonds can be fully paid. 
 
 In adapting the new silver coinage to the ordinary uses of 
 
LETTERS. AND MESSAGES. 63 
 
 currency in the every-day transactions of life and prescribing; 
 the quality of legal-tender to be assigned to it, a consideration 
 of the first importance should be so to adjust the ratio be- 
 tween the silver and the gold coinage, which now constitutes 
 our specie currency, as to accomplish the desired end of main- 
 taining the circulation. of the two metallic currencies, and keep- 
 ing up the volume of the two precious metals as our intrinsic 
 money. It is a mixed question for scientific reasoning and his- 
 torical experience to determine how far, and by what methods, 
 a practical equilibrium can be maintained which wiU keep both 
 metals in circulation in their appropriate spheres of common 
 use. An absolute equality of commercial value, free from dis- 
 turbing fluctuations, is hardly attainable, and without it, an 
 unlimited legal-tender for private transactions assigned to both 
 metals would irresistibly tend to drive out of circulation the 
 dearer coinage and disappoint the principal object proposed by 
 the legislation in view. I apprehend, therefore, that the two 
 conditions of a near approach to equality of commercial value 
 between the gold and silver coinage of the same denomination^ 
 and of a limitation of the amounts for which the silver coinage 
 is to be a legal-tender, are essential to maintaining both in cir- 
 culation. If these conditions can be successfully observed, the 
 issue from the mint of silver dollars would aiford material as- 
 sistance to the community in the transition to redeemable paper 
 money, and would facilitate the resumption of specie payment 
 and its permanent establishment. Without these conditions, I 
 fear that only mischief and misfortune would flow from a coin- 
 age of silver dollars with the quality of unlimited legal-tender, 
 even in private transactions. 
 
 Any expectation of temporary ease from an issue of silver 
 coinage to pass as a legal-tender, at a rate materially above its 
 commercial value, is, I am persuaded, a delusion. Nor can I 
 think that there is any substantial distinction between an orig- 
 inal issue of silver dollars at a nominal value materially above 
 
€4 LETTERS AND MESSi 
 
 their commercial value, and the restoration of the silver dollar 
 at a rate which once was, but has ceased to be, its commercial 
 value. Certainly the issue of our gold coinage, reduced in 
 weight materially below its legal-tender value, would not be 
 any the less' a present debasement of the coinage, by reason of 
 its equalling or even exceeding in weight a gold coinage which, 
 at some past time, had been commercially equal to the legal- 
 tender value assigned to the new issue. 
 
 In recommending that the regulation of any silver coinage 
 which may be authorized by Congress should observe these 
 conditions of commercial value and limited legal-tender, I am 
 governed by the feeling that every possible increase should be 
 given to the volume of metallic money which can be kept in 
 circulation, and, thereby, every possible aid afforded to the 
 people in the process of resuming specie payments. It is be- 
 cause of my firm conviction that a disregard of these conditions 
 would frustrate the good results which are desired from the 
 proposed coinage, and embarrass with new elements of confu- 
 sion and uncertainty the business of the country, that I urge 
 upon your attention these considerations. 
 
 I respectfully recommend to Congress that in any legislation 
 providing for a silver coinage, and imparting to it the quality 
 of legal-tender, there be impressed upon the measure a firm 
 provision exempting the public debt, heretofore issued and now 
 outstanding, from payment, either of principal or interest, in 
 any coinage of less commercial value than the present gold 
 coinage of the country. 
 
 The organization of the civil service of the country has for a 
 number of years attracted more and more of the public atten- 
 tion. So general has become the opinion that the methods of 
 admission to it, and the conditions of remaining in it, are un- 
 sound, that both the great political parties have agreed in the 
 most explicit declarations of the necessity of reform, and in the 
 most emphatic demands for it. I have fully believed these 
 
LETTERS AND MESSAGES. 65 
 
 declarations and demands to be the expression of a sincere con- 
 viction of the intelligent masses of the people upon the subject, 
 and that they should be recognized and followed by earnest 
 and prompt action on the part of the Legislative and Executive 
 Departments of the Government, in pursuance of the purpose 
 indicated. 
 
 Before my accession to office I endeavored to have my own 
 views distinctly understood, and upon my inauguration my ac- 
 cord with the public opinion was stated in terms believed to 
 be plain and unambiguous. My experience in the executive 
 duties has strongly confirmed the belief in the great advantage 
 the country would find in observing strictly the plan of the 
 Constitution, which imposes upon the Executive the sole duty 
 and responsibility of the selection of those federal officers who, 
 by law, are appointed, not elected; and which, in like manner, 
 assigns to the Senate the complete right to advise and consent 
 to, or to reject, the nominations so made; whilst the House of 
 Representatives stands as the public censor of the performance 
 of official duties, with the prerogative of investigation and pros- 
 ecution in all cases of dereliction. The blemishes and imper- 
 fections in the civil service may, as I think, be traced, in most 
 cases, to a practical confusion of the duties assigned to the 
 several departments of the Government. My purpose, in this 
 respect, has been to return to the system established by the 
 fundamental law, and to do this with the heartiest co-operation 
 and most cordial understanding with the Senate and House of 
 Representatives. 
 
 The practical difficulties in the selection of numerous offi- 
 cers for posts of widely-varying responsibilities and duties, are 
 acknowledged to be very great. No system can be expected 
 to secure absolute fi-eedom from mistakes, and the beginning 
 of any attempted change of custom is quite likely to be more 
 embarrassed, in this respect, than any subsequent period. It is 
 here that the Constitution seems to me to prove its claim to the 
 5 L M 
 
66 LETTERS AND MESSi 
 
 great wisdom accorded to it; it gives to the Executive the 
 assistance of the knowledge and experience of the Senate, 
 which, when acting upon nominations, as to which they may 
 be disinterested and impartial judges, secures as strong a guar- 
 anty of freedom from errors of importance as is perhaps possi- 
 ble in human affairs. 
 
 In addition to this, I recognize the public advantage of mak- 
 ing all nominations, as nearly as possible, impersonal, in the 
 sense of being free from mere caprice or favor in the selection ; 
 and in those offices in which special training is of greatly 
 increased value,. I believe such a rule as to the tenure of office 
 should obtain, as may induce men of proper qualifications to 
 apply themselves industriously to the task of becoming profi- 
 cients. Bearing these ' things in mind, I have endeavored to 
 reduce the number of changes in subordinate places, usually 
 made upon the change of the general administration ; and shall 
 most heartily co-operate with Congress in the better system- 
 atizing of such methods and rules of admission to the public 
 service, and of promotion within it, as may promise to be most 
 successful in making thorough competency, efficiency, and 
 character, the decisive tests in these matters. 
 
 I ask the renewed attention of Congress to what has already 
 been done by the Civil-Service Commission, appointed in pur- 
 suance of an act of Congress by my predecessor, to prepare 
 and revise civil-service rules. In regard to much of the depart- 
 mental service, especially at "Washington, it may be difficult to 
 organize a better system than that which has thus been pro- 
 vided, and it is now being used to a considerable extent, under 
 my direction. The commission has still a legal existence, 
 although for several years no appropriation has been made for 
 defraying its expenses. Believing that this commission has 
 rendered valuable service, and will be a most useful agency in 
 improving the administration of the civil service, I respectfully 
 recommend that a suitable appropriation, to be immediately 
 available, be made, to enable it to continue its labors. 
 
LETTERS AND MESSAGES. 67 
 
 It is my purpose to transmit to Congress as early as practi- 
 cable a report by the chairman of the co^nmission, and to ask 
 your attention to such measures on this subject as in my opinion 
 will further promote the improvement of the ciyil service. 
 
 During the past year the United States have continued to 
 maintain peaceful relations with foreign Powers. 
 
 The outbreak of war between Russia and Turkey, though at 
 one time attended by grave apprehension as to its effect upon 
 other European nations, has had no tendency to disturb the 
 amicable relations existing between the United States and each 
 of the two contending Powers. An attitude of just and impar- 
 tial neutrality has been preserved, and I am gratified to state 
 that, in the midst of their hostilities, both the Russian and the 
 Turkish Governments have shown .an earnest disposition to 
 adhere to the obligations of all treaties with the United States, 
 and to give ^due regard to the rights of American citizens. 
 
 By the terms of the treaty, defining the rights, immunities, 
 and privileges of consuls, between Italy and the United 
 States, ratified in 1868, either Government may, after the lapse 
 of ten years, terminate the existence of the treaty by giving 
 twelve months' notice of its intention. The Government of 
 Italy, availing itself of this faculty, has now given the required 
 notice, and the treaty will, accordingly, end on the 17th of 
 September, 1878. It is understood, however, that the Italian 
 Government wishes to renew it, in its general scope, desiring 
 only certain modifications in some of its articles. In this dis- 
 position I concur, and shall hope that no serious obstacles may 
 intervene to prevent or delay the negotiation of a satisfactory 
 treaty. 
 
 Numerous questions in regard to passports, naturaHzation, 
 and exemption from military service, have continued to arise in 
 cases of emigrants from Germany who have returned to their 
 native country. The provisions of the treaty of February 22, 
 1868, however, have proved to be so ample and so judicious, 
 
68 LETTERS AND MES 
 
 that the Legation of the United States at Berlin has been able 
 to adjust all claims arising under it, not only without detri- 
 ment to the amicable relations existing between the two Gov- 
 ernments, but it is believed without injury or injustice to any 
 duly-naturalized American citizen. It is desirable that the 
 treaty originally made with the North-German Union in 1868 
 should now be extended, so as to apply equally to all the States 
 of the Empire of Germany. 
 
 The invitation of the Government of France to participate 
 in the exposition of the products of agriculture, industry, and 
 the fine arts, to be held at Paris during the coming year, was 
 submitted for your consideration at the extra session. It is not 
 doubted that its acceptance by the United States, and a well- 
 selected exhibition of the products of American industry on 
 that occasion, will tend to stimulate international commerce 
 and emigration, as well as to promote the traditional friendship 
 between the two countries. 
 
 A question arose, sometime since, as to the proper meaning 
 of the extradition articles of the treaty of 1842 between the 
 United States and Great Britain. Both Governments, however, 
 are now in accord in the belief that the question is not one that 
 should be allowed to frustrate the ends of justice, or to disturb 
 the friendship between the two nations. No serious difficulty 
 has arisen in accomplishing the extradition of criminals when 
 necessary. It is probable that all points of disagreement will, 
 in due time, be settled, and, if need be, more explicit declara- 
 tions be made in a new treaty. 
 
 The Fishery Commission, under Articles XVIII to XXV of 
 the Treaty of Washington, has concluded its session at Halifax. 
 The result of the deliberations of the commission, as made 
 public by the commissioners, will be communicated to Con- 
 gress. 
 
 A treaty for the protection of trade-marks has been nego- 
 tiated with Great Britain, which has been submitted to the 
 Senate for its consideration. 
 
LETTERS AND MESSAGES. 69 
 
 The revolution which recently occurred in Mexico was fol- 
 lowed by the accession of the successful party to power, and 
 the installation of its chief, Greneral Porfino Diaz, in the presi- 
 dential office. It has been the custom of the United States, 
 when such changes of government have heretofore occurred in 
 Mexico, to recognize and enter into official relations with the 
 de facto government as soon as it should appear to have the 
 approval of the Mexican people, and should manifest a disposi- 
 tion to adhere to the obligations of treaties and international 
 friendship. In the present case, the official recognition has 
 been deferred by the occurrences on the Rio Grande border, 
 the records of which have already been communicated to each 
 House of Congress, in answer to their respective resolutions of 
 inquiry. Assurances have been received that the authorities at 
 the seat of the Mexican Government have both the disposition 
 and the power to prevent and punish such unlawful invasions 
 and depredations. It is earnestly to be hoped that events may 
 prove these assurances to be well founded. The best interests 
 of both countries require the maintenance of peace upon the 
 border, and the development of commerce between the two 
 Republics. 
 
 It is gratifying to add that this temporary interruption of 
 official relations has not prevented due attention by the repre- 
 sentatives of the United States in Mexico to the protection of 
 American citizens, so far as practicable. Nor has it interfered 
 with the prompt payment of the amounts due from Mexico to 
 the United States under the treaty of July 4, 1868, and the 
 awards of the Joint Commission. While I do not anticipate 
 an interruption of friendly relations with Mexico, yet I cannot 
 but look with some solicitude upon a continuance of border 
 disorders as exposing the two countries to initiations of popular 
 feeling and mischances of action which are naturally unfavorable 
 to complete amity. Firmly determined that nothing shall be 
 wanting on my part to promote a good understanding between 
 
70 LETTERS AND MESS 
 
 the two nations, I yet must ask the attention of Congress to 
 the actual occurrences on the border, that the lives and prop- 
 erty of our citizens may be adequately protected and peace 
 preserved. 
 
 Another year has passed without bringing to a close the pro- 
 tracted contest between the Spanish Grovernmeut and the 
 insurrection in the island of Cuba: While the United States 
 have sedulously abstained from any intervention in this contest, 
 it is impossible not to feel that it is attended with incidents 
 affecting the rights and interests of American citizens. Apart 
 from the effect of the hostilities upon trade between the United 
 States and Cuba, their progress is inevitably accompanied by 
 complaints, having more or less foundation, of searches, arrests,, 
 embargoes, and oppressive taxes upon the property of American 
 residents, and of unprovoked interference with American vessels 
 and commerce. It is due to the^ Government of Spain to say 
 that, during the past year, it has promptly disavowed and offered 
 reparation for any unauthorized acts of unduly zealous subordi- 
 nates, whenever such acts have been brought to its attention. 
 Nevertheless such occurrences cannot but tend to excite feel- 
 ings of annoyance, suspicion, and resentment, which are greatly 
 to be deprecated between the respective subjects and citizens 
 of two friendly Powers. 
 
 Much delay (consequent upon accusations of fraud in some 
 of the awards) has occurred in respect to the distribution of the 
 limited amounts received from Venezuela under the treaty of 
 April 25, 1866, applicable to the awards of the Joint Commis- 
 sion created by that treaty. So long as these matters are 
 pending in Congress the Executive cannot assume either to 
 pass upon the questions presented, or to distribute the fund 
 received. It is eminently desirable that definite legislative 
 action should be taken, either affirming the awards to be final 
 or providing some method for re-examination of the claims. 
 
 Our relations with the Republics of Central and South Amer- 
 
LETTERS AND MESSAGES. 71 
 
 ica, and with the Empire of Brazil, have continued without 
 serious change, further than the temporary interruption of di- 
 plomatic intercourse with Venezuela and with Gruatemala. 
 Amicable relations have a,lready been fully restored with Vene- 
 zuela, and it is not doubted that all grounds of misunderstanding 
 with Guatemala will speedily be removed. From all these 
 countries there are favorable indications of a disposition on the 
 part of their governments and people to reciprocate our efforts 
 in the direction of increased commercial intercourse. 
 
 The Government of the Samoan Islands has sent an. envoy 
 in the person of its Secretary of State to invite the Government 
 of the United States to recognize and protect their independence, 
 to establish commercial relations with their people, and to assist 
 them in their steps toward regulated and responsible govern- 
 ment. ^ The inhabitants of these islands, having made consider- 
 able progress in Christian civilization and the development of 
 trade, are doubtful of their ability to maintain peace and inde- 
 pendence without the aid of some stronger power. The subject 
 is deemed worthy of respectful attention, and the claims upon 
 our assistance by this distant community will be carefully con- 
 sidered. 
 
 The long commercial depression in the United States has 
 directed attention to the subject of the possible increase of our 
 foreign trade and the methods for its development, not only with 
 Europe, but with other countries, and especially with the States 
 and sovereignties of the western hemisphere. Instructions 
 from the Department of State were issued to the various diplo- 
 matic and consular officers of the Government, asking them to 
 devote attention to the question of methods by which trade 
 between the respective countries of their official residence and 
 the United States could be most judiciously fostered. In 
 obedience to these instructions, examinations and reports upon 
 this subject have been made by many of these officers and trans- 
 mitted to the Department, and the same are submitted to the 
 consideration of Congress. 
 
72 LETTERS AND MESS 
 
 The annual report of the Secretary of the Treasury on the 
 state of the finances presents important questions for the action 
 of Congress, upon some of which I have abeady remarked. 
 
 The revenues of the Government during the fiscal year end- 
 ing June 30, 1877, were $269,000,586 62. The total expendi- 
 tures for the same period were $238,660,008 93, leaving a sur- 
 plus revenue of $30,340,577 69. This has substantially sup- 
 plied the requirements of the sinking-fund for that year. The 
 estimated revenues of the cui-rent fiscal year are $265,500,000, 
 and the estimated expenditures for the same period are 
 $232,430,643 72. If these estimates prove to be correct, there 
 will be a surplus revenue of $33,069,356 28, an amount nearly 
 sufficient for the sinking-fund for that year. The estimated 
 revenues for the next fiscal year are $269,250,000. 
 
 It appears from the report that during the last fiscal year the 
 revenues of the Government, compared with the previous year, 
 have largely decreased. This decrease, amounting to the sum 
 of $18,481,452 54, was mainly in customs duties, caused partly 
 by a large falling off of the amount of imported dutiable goods, 
 and partly by the general fall of prices in the markets of pro- 
 duction of such articles as pay ad-valorem taxes. While this is 
 felt injuriously in the diminution of the revenue, it has been 
 accompanied with a very large increase of exportations. The 
 total exports during the last fiscal year, including coin, have 
 been $658,637,457, and the imports have been $492,097,540— 
 leaving a balance of trade in favor of the United States amount- 
 ing to the sum of $166,539,917 ; the beneficial effects of which 
 extend to all branches of business. 
 
 The estimated revenue for the next fiscal year ■\<^ill impose 
 upon Congress the duty of strictly limiting appropriations, in- 
 cluding the requisite sum for the maintenance of the sinking- 
 fund, within the aggregated estimated receipts. 
 
 While the aggregate of taxes should not be increased, amend- 
 ments might be made to the revenue laws that would, without 
 diminishing the revenue, relieve the people from unnecessary 
 
LETTERS AND MESSAGES. 73 
 
 burdens. A tax on tea and coffee is shown by the experience 
 not only of our own country, but of other countries, to be easily 
 collected, without loss by undervaluation or fraud, and largely 
 borne in the country of production. A tax of ten cents a pound 
 on tea and two cents a pound on coffee would produce a revenue 
 exceeding $12,000,000, and thus enable Congress to rSpeal a 
 multitude of annoying taxes yielding a revenue not exceeding 
 that sum. The internal-revenue system grew out of the neces- 
 >sities of the war, and most of the legislation imposing taxes 
 upon domestic products, under this system, has been repealed. 
 By the substitution of a tax on tea and coffee, all forms of in- 
 ternal taxation may be repealed, except that on whiskey, spirits, 
 tobacco, and beer. Attention is also called to the necessity of 
 enacting more rigorous laws for the protection of the revenue 
 and for the punishment of frauds and smuggling. This can best 
 be done by judicious provisions that will. induce the disclosure 
 of attempted fraud by undervaluation and smuggling. All reve- 
 nue laws should be simple in their provisions and easily under- 
 stood. So far as practicable, the rates of taxation should be in 
 the form of specific duties, and not ad valorem, requiring the 
 judgment of experienced men to ascertain values, and exposing 
 the revenue to the temptation of fraud. 
 
 My attention has been called during the recess of Congress 
 to abuses existing in the collection of the customs, and strenu- 
 ous efforts have been made for their correction by Executive 
 orders. The recommendation submitted to the Secretary of 
 the Treasury by a commission appointed to examine into the 
 collection of customs duties at the port of New York, contain 
 many suggestions for the modification of the customs laws, to 
 which the attention of Congress is invited. 
 
 It is matter of congratulation that, notwithstanding the severe 
 burdens caused by the war, the public faith with all creditors 
 has been preserved, and that, as the result of this policy, the 
 pubhc credit has continuously advanced, and our public securi- 
 
74 mTTEKS AND MESS. 
 
 ties are regarded with the highest favor in the markets of the 
 world. I trust that no act of the Government will cast a 
 shadow upon its credit. 
 
 The progress of refunding the public debt has been rapid 
 and satisfactory. Under the contract existing when I entered 
 upon the discharge of the duties of my office, bonds bearing 
 interest at the rate of 4J per cent, w^re being rapidly sold, and 
 within three months the aggregate sales of these bonds had 
 reached the sum of $200,000,000. With my sanction the Sec- 
 retary of the Treasury entered into a new contract for the sale 
 of four per cent, bonds, and within thirty days after the popu- 
 lar subscription for such bonds was opened subscriptions were 
 had amounting to $75,496,550, which were paid for within 
 ninety days after the date of sul:)scription. By this process,, 
 within but little more than 5ne year, the annual interest on the 
 public debt was reduced in the sum of $3,775,000. I recom- 
 mend that suitable provision be made to enable the people to 
 easily convert their savings into Government securities, as the 
 best mode in which small savings may be well secured and 
 yield a moderate interest. It is an object of public policy to 
 retain among our own people the securities of the United 
 States. In this way our country is guarded against their sud- 
 den return from foreign countries, caused by war or other dis- 
 turbances beyond our limits. 
 
 The commerce of the United States with foreign nations, 
 and especially the export of domestic productions, has of late 
 years largely increased; but the greater portion of this trade is 
 conducted in foreign vessels. The importance of enlarging 
 our foreign trade, and especially by direct and. speedy inter- 
 change, with countries on this continent, cannot be over-esti- 
 mated; and it is a matter of great moment that our own 
 shipping interest should receive, to the utmost practical extent, 
 the benefit of our commerce with other lands. These consid- 
 erations are forcibly urged by all the large commercial cities 
 
LETTERS AND MESSAGES. 75 
 
 of the country, and public attention is generally and wisely 
 attracted to the solution of the problems they present. It i& 
 not doubted that Congress will take them up in the broadest 
 spirit of liberality, and respond to the pubhc demand, by prac- 
 tical legislation, upon this important subject. 
 
 The report of the Secretary of War shows that the Army 
 has been actively employed during the year, and has rendered 
 very important service in suppressing hostilities in the Indian 
 country, and in preserving peace, and protecting hfe and prop- 
 erty in the interior as well as along the Mexican border. A 
 long and arduous campaign has been prosecuted, with final 
 complete success, against a portion of the Nez Percys tribe of 
 Indians. A full account of this campaign will be found in the 
 report of the Greneral of the Army. It will be seen that in its 
 course several severe battles were* fought, in which a number 
 of gaUant officers and men lost their lives. I join with the 
 Secretary of War and the General of the Army in awarding to 
 the officers and men employed in the long and toilsome pursuit,, 
 and in the final capture of these Indians, the honor and praise 
 which are so justly their due. 
 
 The very serious riots which occurred in several of the States 
 in July last rendered necessary the employment of a considera- 
 ble portion of the Army to preserve the peace and maintain 
 order. In the States of West Virginia, Maryland, Pennsyl- 
 vania, and Illinois these disturbances were so formidable as to 
 defy the local and State authorities, and the National Execu- 
 tive was called upon, in the mode provided by the Constitution 
 and laws, to furnish military aid. I am gratified to be able to 
 state that the troops sent in response to these calls for aid in/ 
 the suppression of domestic violence were able, by the influence 
 of their presence in the disturbed regions, to preserve the peacf 
 and restore order without the use of force. In the discharge 
 of this delicate and important duty, both officers and men actec 
 with great prudence and courage, and for their services deserve 
 the thanks 'of the country. 
 
76 LETTERS AND MESi 
 
 Disturbances along the Rio Grande, in Texas, to wMcli I 
 have already referred, have rendered necessary the constant 
 employment of a military force in that vicinity. A full report 
 of all recent military operations in that quarter has been trans- 
 mitted to the House of Representatives in ansv^^er to a resolu- 
 tion of that body, and it will, therefore, not be necessary to 
 enter into details. I regret to say that these lawless incursions 
 into our territory by armed bands from the Mexican side of the 
 line, for the purpose of robbery, have been of frequent occur- 
 rence, and, in spite of the most vigilant etforts of the com- 
 mander of our forces, the marauders have generally succeeded 
 in escaping into Mexico with their plunder. In May last I gave 
 -orders for the exercise of the utmost vigilance on the part of 
 our troops for the supjjression of these raids, and the punish- 
 ment of the guilty parties, ah well as the recapture of property 
 stolen by them. General Ord, commanding in Texas, was di- 
 rected to invite the co-operation of the Mexican authorities in 
 efforts to this end, and to assure them that I was anxious to 
 avoid giving the least offence to Mexico. At the same time, he 
 was directed to give notice of my determination to put an end 
 to the invasion of our territory by lawless bands, intent upon 
 the plunder of our peaceful citizens, even if the effectual pun- 
 ishment of the outlaws should make the crossing of the border 
 by our troops in their pursuit necessary. It is beheved that 
 this policy has had the effect to check somewhat these depre- 
 dations, and that with a considerable increase of our force upon 
 that frontier, and the establishment of several additional mili- 
 tary posts along the Rio Grande, so as more effectually to guard 
 that extensive border, peace may be preserved, and the lives 
 and property of our citizens in Texas fully protected. 
 
 Prior to the 1st day of July last the Army was, in accord- 
 ance with law, reduced to the maximum of 25,000 enlisted 
 men, being a reduction of 2,600 below the force previously au- 
 thorized. This reduction was made, as required by law, entirely 
 from the infantry and artillery branches of the service, without 
 
LETTERS AND MESSAGES. 7T 
 
 any reduction of the cavalry. Under the law, as it now stands,, 
 it is necessary that the cavalry regiments be recruited to one 
 hundred men in each company fol- service on the Mexican and 
 Indian frontiers. The necessary eifect of this legislation is to 
 reduce the infantry and artillery arms of the service below the 
 number required for efficiency, and I concur with the Secretary 
 of War in recommending that authority be given to recruit aU 
 companies of infantry to at least fifty men, and aU batteries of 
 artillery to at least seventy-five men, with the power, in case of 
 emergency, to increase the former to one hundred, and the 
 latter to one hundred and twenty-two men each. 
 
 I invite your special attention to the following recommenda- 
 tions of the Secretary of War: 
 
 First. That provision be made for supplying to the Army a 
 more- abundant and better supply of reading-matter. 
 
 Second. That early action be taken by Congress looking to 
 a complete revision and republication of the Army Regulations. 
 
 Third. That section 1258 of the Revised Statutes, limiting 
 the number of officers on the retired list, be repealed. 
 
 Fourth. That the claims arising under the act of July 4, 1864, 
 for supplies taken by the Army during the war, be taken from 
 the offices of the Quartermaster and Commissary General, and 
 transferred to the Southern Claims Commission, or some other 
 tribunal having more time and better facilities for their prompt 
 investigation and decision than are possessed by these officers. 
 
 Fifth. That Congress provide for an annuity fund for the 
 families of deceased soldiers, as recommended by the Paymaster 
 General of the Army. 
 
 The report of the Secretary of the Navy shows that we have 
 six squadrons now engaged in the protection of our foreign 
 commerce, and other duties pertaining to the naval service. 
 The condition and operations of the Department are also shown. 
 The total expenditures for the fiscal year ending June 30, 1877, 
 were $16,077;974 54. There are unpaid claims against the 
 
78 LETTEES AND MESS 
 
 Department chargeable to the last year, which are presented to 
 the consideration of Congress by the report of the Secretary. 
 The estimates for the fiscal year commencing July 1, 1878, are 
 $16,233,234 40— exclusive of the sum of $2,314,231, sub- 
 mitted for new buildings, repairs, and improvements at the 
 several navy yards. The appropriations for the present fiscal 
 year, commencing July 1, 1877, are $13,592,932 90. The 
 amount drawn from the Treasury from July 1 to November 1, 
 1877, is $5,343,037 40, of which there is estimated to be yet 
 available $1,029,528 30 — showing the amount of actual expen- 
 diture during the first four months of the present fiscal year to 
 have been $4,313,509 10. 
 
 The report of the Postmaster General contains a fuU and 
 clear statement of the operations and condition of the Post Office 
 Department. The ordinary revenues of the Department for the 
 fiscal year ending June 30, 1877, including receipts from the 
 money-order business and from official stamps and stamped en- 
 velopes, amounted to the sum of $27,531,585 26. The addi- 
 tional sum of $7,013,000 was realized from appropriations from 
 the general treasury for various purposes, making the receipts 
 from all sources $34,544,885 26. The total expenditures 
 during the fiscal year amounted to $33,486,322 44, leaving an 
 excess of total receipts over total expenditures of $1,058,562 82, 
 and an excess of total expenditures over ordinary receipts of 
 $5,954,737 18. Deducting from the total receipts the sum of 
 $63,261 84 received from international money-orders of the 
 preceding fiscal year, and deducting from the total expenditures 
 the sum of $1,163,818 20 paid on liabilities incurred in pre- 
 vious fiscal years, the expenditures and receipts appertaining to 
 the business of the last fiscal year were as follows: 
 
 Expenditures $32,322,504 24 
 
 Receipts, (ordinary, from money-order busi- 
 ness and from official postage-stamps) — . 27, 468, 323 42 
 
 Excess of expenditures 4, 854, 180 82 
 
LETTERS AND MESSAGES. 79 
 
 The ordinary revenues of the Post Office Department for the 
 year ending June 30, 1879, are estimated at an increase of 
 three per cent.' over those of 1877, making $29,034,098 28, 
 and the expenditures for the same year are estimated at 
 $36,427,771 ; leaving an estimated deficiency for the year 1879 
 ■of $7,393,672 72. The additional legislation recommended by 
 the Postmaster Greneral for improvements of the mail-service, 
 and to protect the postal revenues from the abuses practised 
 under existing laws, is respectfully commended to the careful 
 consideration of Congress. 
 
 The report of the Attorney Greneral contains several sugges- 
 tions as to the administration of justice, to which I invite your 
 attention. The pressure of business in the Supreme Court and 
 in certain circuit courts of the United States is how such that 
 serious delays, to the great injury, and even oppression, of suit- 
 ors, occur, and a remedy should be sought for this condition of 
 aiFairs. Whether it will be found in the plan briefly sketched in 
 the report, of increasing the number of judges of the circuit 
 •courts, and by means of this addition to the judicial force o 
 creating an intermediate court of errors and appeals, or whether 
 some other mode can be devised for obviating the difficulties 
 which now exist, I leave to your mature consideration. 
 
 The present condition of the Indian tribes on the territory of 
 the United States, and our relations with them, are fully set 
 forth in the reports of the Secretary of the Interior and the 
 Commissioner of Indian Affairs. After a series of most de- 
 plorable conflicts — the successful termination of which, while 
 reflecting honor upon the brave soldiers who accomplished it, 
 cannot lessen our regret at their occurrence — we are now at 
 peace with all the Indian tribes within our borders. To pre- 
 serve that peace by a just and humane policy will be the object 
 of my earnest endeavors. Whatever may be said of their char- 
 acter and savage propensities, of the difficulties of introducing 
 among them the habits of civilized life, and of the obstacles 
 
80 LETTERS AND MESS. 
 
 they have offered to the progress of settlement and enterprise 
 in certain parts of the country, the Indians are certainly entitled 
 to our sympathy, and to a conscientious respect, on our part, 
 for their claims upon our sense of justice. They were the abo- 
 riginal occupants of the land we now possess. They have been 
 driven from place to place; the purchase-money paid to them, 
 in some cases, for what they called their own, has still left them 
 poor; in many instances, when they had settled down upon 
 land assigned to them by compact, and began to support them- 
 selves by their, own labor, they were rudely jostled off and 
 thrust into the wilderness again. Many, if not most of our In- 
 dian wars, have had their origin in broken promises and acts of 
 injustice upon our part; and the advance of the Indians in civi- 
 lization has been slow, because the treatment they received did 
 not permit it to be faster and more general. We cannot ex- 
 pect them to improve and to follow our guidance unless we 
 keep faith with them in respecting the rights they j)ossess, and 
 unless, instead of depriving them of their opportunities, we lend 
 them a helping-hand. 
 
 I cordially approve the policy regarding the management of 
 Indian affairs outlined in the reports of the Secretary of the 
 Interior, and of the Commissioner of Indian Affairs. The faith- 
 ful performance of our promises is the first condition of a good 
 understanding with the Indians. I cannot too urgently recom- 
 mend to Congress that prompt and liberal provision be made 
 for the conscientious fulfilment of aU engagements entered into 
 by the Government with Indian tribes. To withhold the means 
 necessary for the performance of a promise is always false econ- 
 omy, and is apt to prove disastrous in its consequences. Es- 
 pecial care is recommended to provide for Indians settled on 
 their reservations, cattle and agricultural implements, to aid 
 them in whatever efforts they may make to support themselves; 
 and by the establishment and maintenance of schools to bring 
 them under the control of civilized influences. I see no reason. 
 
LETTERS AND MESSAGES. 81 
 
 why 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, 
 should not be admitted to the benefit of the homestead act and 
 the privileges of citizenship ; and I recommend the passage of a 
 law to that eifect. It will be an act of justice, as well as a 
 measure of encouragement. Earnest efforts are being' made to 
 purify the Indian Service, so that every dollar appropriated by 
 Congress shall redound to the benefit of the Indians, as intended. 
 Those efforts shall have my firm support. With an improved 
 service, and every possible encouragement held out to the. In- 
 dians to better their condition and to elevate themselves in the 
 scale of civilization, we may hope to accomplish, at the same 
 time, a good work for them and for ourselves. 
 
 I invite the attention ^of Congress to the importance of the 
 statements and suggestions made by the Secretary of the Inte- 
 rior concerning the depredations committed on the timber-lands 
 of the United States, and the necessity for the preservation of 
 forests. It is believed that the measures taken in pursuance of 
 existing law to arrest those depredations will be entirely suc- 
 cessful, if Congress, by an appropriation for that purpose, ren- 
 ders their continued enforcement possible. The experience of 
 other nations teaches us that a country cannot be stripped of its 
 forests withimpunity, and we shall expose ourselves to the gravest 
 consequences unless the wasteful and improvident manner in 
 which the forests in the United States are destroyed be effectually 
 checked. I earnestly recommend that the measures suggested 
 by the Secretary of the Interior for the suppression of depre- 
 dations on the public timber-lands of the United States, for the 
 selling of timber from the public lands, and for the preservation 
 of forests, be embodied in a law ; and that, considering the 
 . urgent necessity of enabling the people of certain States and 
 Territories to purchase timber from the public lands in a legal 
 manner, which at present they cannot do, such a law be passed 
 
 6 L M 
 
82 LETTERS AND MESSJ 
 
 without unavoidable delay. I would also call the attention of 
 Congress to the statements made by the Secretary of the Interior 
 concerning the disposition that might be made of the desert 
 lands, not irrigable, west of the 100th meridian. These lands 
 are practically unsalable under existing laws, and the suggestion 
 is worthy of consideration that a system of leasehold tenure 
 would make them a source of profit to the United States, while 
 at the same time legalizing the business of cattle-raising, which 
 is at present carried on upon them. 
 
 The report of the Commissioner of Agriculture contains the 
 gratifying announcement of the extraordinary success which has 
 rewarde(f the agricultural industry of the country for the past 
 year. With the fair prices which obtain for the products of the 
 soil, especially for the surplus which our people have to export, 
 we may confidently turn to this as the most important of all our 
 resources for the revival of the depressed industries of the 
 country. The report shows our agricultural progress during 
 the year, and contains a statement of the work done by this de- 
 partment, for the advancement of agricultural industry, upon 
 which the prosperity of our people so largely depends. Matters 
 of information are included, of great interest to all who seek, by 
 the experience of others, to improve their own methods of cul- 
 tivation. The efforts of the department to increase the produc- 
 tion of important articles of consumption will, it is hoped, im- 
 prove the demand for labor, and advance the business of the 
 country ; and eventually result in saving some of the many 
 millions that are now annually paid to foreign nations for sugar 
 and other staple products which habitual use has made necessary 
 in our domestic every-day life. 
 
 The Board on behalf of the United States Executive Depart- 
 ments at the International Exhibition of 1876, has concluded 
 its labors. The final report of the Board was transmitted to 
 Congress by the President near the close of the last session. 
 As these papers are understood to contain interesting and valu- 
 
LETTERS AND MESSAGES. 83 
 
 able information, and will constitute the only report emanating 
 from the Government on the subject of the Exhibition, I invite 
 attention to the matter, and recommend that the report be pub- 
 lished for general information. 
 
 Congress is empowered by the Constitution with the authority 
 of exclusive legislation over the District of Columbia, in which 
 the seat of government of the nation is located. . The interests 
 of the District, having no direct representation in Congress, are 
 entitled to especial consideration and care at the hands of the 
 General Government. The capital of the United States belongs 
 to the nation, and it is natural that the American people should 
 take pride in the seat of their National Government, and desire 
 it to be an ornament to the country. Much has been done to 
 render it healthful, convenient, and attractive, but much remains 
 to be done, which its permanent inhabitants are not able and 
 ought not to be expected to do. To impose upon them a large 
 proportion of the cost required for public improvements, which 
 are in a great measure planned and executed for the convenience 
 of the Government and of the many thousands of visitors from 
 all parts of the country, who temporarily reside at the capital 
 of the nation, is an evident injustice. Special attention is asked 
 by the Commissioners of the District in their report, which is 
 herewith transmitted, to the importance of a permanent adjust- 
 ment by Congress of the financial relations between the United 
 States and the District, involving the regular annual contribution 
 by the United States of its just proportion of the expenses of 
 the District government, and of the outlay for all needed public 
 improvements, and such measure of relief from the burden of 
 taxation now resting upon the people of the District as in the 
 wisdom of Congress may be deemed just. 
 
 The report of the Commissioners shows that the affairs of 
 the District are in a condition as satisfactory as could be 
 expected, in view of the heavy burden of debt resting upon it, 
 and its very limited means for necessary expenses. 
 
84 LETTERS AND MESi 
 
 The debt of the District is as follows : 
 
 Old funded debt •. S8, 379, 691 96 
 
 3.65 bonds, guaranteed by the United States. 13, 743, 250 00 
 
 Total bonded debt 22, 122, 941 96 
 
 To which should be added certain outstanding 
 claims, as explained in the report of the 
 Commissioners 1, 187, 204 52 
 
 Making the total debt of the District. . . 23, 310, 146 48 
 
 The Commissioners also ask attention to the importance of 
 the improvement of the Potomac river and the reclamation o^ 
 the marshes bordering the city of Washington ; and their views 
 upon this subject are concurred in by the members of the Board 
 of Health, whose report is also herewith transmitted. Both the 
 commercial and sanitary interests of the District will be greatly 
 promoted, I doubt not, by this improvement. 
 
 Your attention is invited to the suggestion of the Commis- 
 sioners, and of the Board of Health, for the organization of a 
 Board of Charities, to have supervision and control of the dis- 
 bursement of all moneys for charitable purposes from the Dis- 
 trict treasury. I desire also to ask your especial attention to 
 the need of adding to the efficiency of the public schools of the 
 . District, by supplemental aid from the National Treasury. This 
 is especially just, since so large a number of those attending 
 these schools are children of employes of the Government. I 
 earnestly commend to your care the interests of the people of 
 the District, who are so intimately associated with the Govern- 
 ment establishments, and to whose enterprise the good order 
 and attractiveness of the capital are largely due ; and I ask your 
 attention to the request of the Commissioners for legislation in 
 behalf of the interests intrusted to their care. The appropria- 
 tions asked, for the care of the reservations belonging to the 
 Government within the city, by the Commissioner of Public 
 Buildings and Grounds, are also commended to your favorable 
 consideration. 
 
LETTERS AND MESSAGES. 85 
 
 The report of the Joint Commission created by the act ap- 
 proved August 2, 1876, entitled "An act providing for the 
 completion of the Washington Monument," is also herewith 
 transmitted, vs^ith accompanying documents. The board of en- 
 gineer officers detailed to examine the monument, in compliance 
 vi^ith the second section of the act, have reported that the foun- 
 dation is insufficient. No authority exists for making the 
 expenditure necessary to secure its stability. I therefore 
 recommend that the commission be authorized to expend such 
 portion of the sum appropriated by the act as may be necessary 
 for the purpose. The present unfinished condition of the mon- 
 ument, begun so long ago, is a reproach to the nation. It cannot 
 be doubted that the patriotic sense of the country wiU warmly 
 respond to such prompt provision as may be made for its com- 
 pletion at an early day, and I urge upon Congress the propriety 
 and necessity of immediate legislation for this purpose. 
 
 The wisdom of legislation upon the part of Congress in aid 
 of the States, for the education of the whole people in those 
 branches of study which are taught in the common schools of 
 the country, is no longer a question. The intelligent judgment 
 of the country goes still further, regarding it as also both consti- 
 tutional and expedient for the Greneral Government to extend 
 to technical and higher education, such aid as is deemed essential . 
 to the general welfare and to our due prominence among the 
 enhghtened and cultured nations of the world. The ultimate 
 settlement of all questions of the future, whether of adminis- 
 tration or finance, or of true nationality of sentiiiient, depends 
 upon the virtue aiid intelligence of the people. It is vain to 
 hope for the success of a free government without the means of 
 insuring the intelligence of those who are the source of power. 
 No less than one-seventh of the entire voting population of our 
 country are yet unable to read and write. 
 
 It is encouraging to observe, in connection with the growth 
 of fraternal feeling in those States in which slavery formerly, 
 existed, evidences of increasing interest in universal education, 
 
86 LETTERS AND MESSj 
 
 and I shall be glad to give my approval to any appropriate 
 measures which may be enacted by Congress for the purpose 
 of supplementing with national aid the local systems of educa- 
 tion in those States and in all the States ; and having already 
 invited your attention to the needs of the District of Columbia, 
 with respect to its pubKc-school system, I here add that I be- 
 lieve it desirable, not so much with reference to the local wants- 
 of the District, but to the great and lasting benefit of the entire 
 country, that this system should be crowned with a university 
 in all respects in keeping with the National Capital, and thereby 
 realize the cherished hopes of Washington on this subject. 
 
 I also earnestly commend the request of the Regents of the 
 Smithsonian Institution that an adequate appropriation be made 
 for the establishment and conduct of a national museum under 
 their supervision. 
 
 The question of. providing for the preservation and growth of 
 the Library of Congress is also one of national importance. As 
 the depository of all copyright publications and records, this 
 library has outgrown the provisions for its accommodation; and 
 the erection, on such site as the judgment of Congress may ap- 
 prove, of a fire-proof library-building, to preserve the treasures 
 and enlarge the usefulness of this valuable collection, is recom- 
 mended- I recominend also such legislation as will render 
 available and efficient, for the purposes of instruction, so far as 
 is consistent with the public service, the cabinets or museums 
 of invention, of surgery, of education, and of agriculture, and 
 other collections, the property of the National Grovernment. 
 
 The capital of the nation should be something more than a. 
 mere political centre. We should avail ourselves of all the op- 
 portunities which Providence has here placed at our command, 
 to promote the general intelligence of the people and increase 
 the conditions most favorable to the success and perpetuity of 
 
 our institutions. 
 
 R. B. HAYES- 
 
 December 3, 1877. 
 
]Vj:Ess^aE 
 
 HOUSE OF REPRESENTATIVES, VETOING THE BILL ENTITLED "AN ACT TO 
 
 AUTHORIZE THE COINAGE OF THE STANDARD SILVER DOLLAR 
 
 AND TO RESTORE ITS LEGAL-TENDER CHARACTER." 
 
 FEBRUARY 38, 1878. 
 
MESSAGE. 
 
 To THE House or Representatives: 
 
 After a very careful consideration of the House bill No. 1093, 
 entitled "An act to authorize the coinage of the standard silver 
 dollar and to restore its legal-tender character," I feel com- 
 pelled to return it to the House of Representatives, in which it 
 originated, with my objections to its passage. 
 
 Holding the opinion which I expressed in my annual mes- 
 sage, that "neither the interests of the Government nor of the 
 people of the United States would be promoted by disparaging 
 silver as one of the two precious metals which furnish the coin- 
 age of the world, and that legislation which looks to maintain- 
 ing the volume of intrinsic money to as fuU a measure of both 
 metals as their relative commercial values will permit would 
 be neither .unjust nor inexpedient," it has been my earnest 
 desire to concur with Congress in the adoption of such measures 
 to increase the silver coinage of the country as would not im- 
 pair the obligation of contracts, either public or private, nor 
 injuriously affect the public credit. It is only upon the con- 
 viction that this bill does not meet these essential requirements 
 that I feel it my duty to withhold from it my approval. 
 
 My present official duty as to this bill permits only an atten- 
 tion to the specific objections to its passage which seem to me 
 so important as to justify me in asking from the wisdom and 
 duty of Congress that further consideration of the bill for which 
 the Constitution has, in such cases, provided. ' 
 
 The bill provides for the coinage of silver dollars of the 
 weight of 41 2 J grains each, of standard silver, to be a legal 
 tender at their nominal value for all debts and dues, public and 
 private, except where otherwise expressly stipulated in the 
 contract. It is well known that the market value of that 
 
90 LETTERS AND MES5 
 
 number of grains of standard silver during the past year has 
 been from ninety to ninety-two cents as compared with the 
 standard gold dollar. Thus the silver dollar authorized by this 
 bill is worth 8 to 10 per cent, less than it purports to be 
 worth, and is made a legal-tender for debts contracted when 
 the law did not recognize such coins as lawful money. 
 
 The right to pay duties in silver or in certificates for silver 
 deposits will, when they are issued in sufficient amount to cir- 
 culate, put an end to the receipt of revenue in gold, and thus 
 compel the payment of silver for both the principal and interest 
 of the public debt. One thousand one hundred and forty -three 
 million four hundred and ninety -three thousand four hundred 
 dollars of the bonded debt, now outstanding, was issued prior 
 to February, 1873, when the silver dollar was unknown in cir- 
 culation in this country, and was only a convenient form of silver 
 bullion for exportation; $583,440,350 of the funded debt has. 
 been issued since February, 1873, when gold alone was the 
 coin for which the bonds were sold, and gold alone was the coin 
 in which both parties to the contract understood that the bonds 
 would be paid. These bonds entered into the markets of the 
 world. They were paid for in gold when silver had greatly 
 depreciated, and when no one would have bought them if it had 
 been understood that they would be paid in silver. The sum 
 of $226,000,000 of these bonds has been sold during my admin- 
 istration for gold coin, and the United States received the ben- 
 efit of these sales by a reduction of the rate of interest to 4 
 and 4J per cent. During the progress of these sales a doubt 
 was suggested as to the coin in which payment of these bonds 
 would be made. The public announcement was thereupon 
 authorized that it was "not to be anticipated that any future 
 legislation of Congress, or any action of any Department of the 
 Grovernment, would sanction or tolerate the redemption of the 
 principal of these bonds, or the payment of the interest thereon, 
 in coin of less value than the coin authorized by law at the time 
 
LETTERS AND MESSAGES. 91 
 
 of the issue of the' bonds, being the coin exacted by the Gov- 
 ernment in exchange for the same." 
 
 In view of these facts it will be justly regarded as a grave 
 breach of the public faith to undertake to pay these bonds, 
 principal or interest, in silver coin worth in the market less 
 than the coin received for them. It is said that the silver doUar 
 made a legal-tender by this biU will, under its operation, be 
 equivalent in value to the gold dollar. Many supporters of the 
 bill believe this, and would not justify an attempt to pay debts, 
 either public or private, in coin of inferior value to the money 
 of the world. The capital defect of the bill is that it contains 
 no provision protecting from its operation pre-existing debts in 
 case the coinage which it creates shall continue to be of less 
 value than that which was the sole legal-tender when they were 
 contracted. If it is now proposed fot the purpose of taking 
 advantage of the depreciation of silver in the payment of debts 
 to coin and make a legal-tender a silver dollar of less commer- 
 cial value than any dollar, whether of gold or paper, which is 
 now lawful money in this country, such measure, it will hardly 
 be questioned, will, in . the judgment of mankind, be an act of 
 bad faith. As to all debts heretofore contracted, the silver- 
 dollar should be made a legal-tender only at its market value. 
 The standard of value should not be changed without the con- 
 sent of both parties to the contract. National promises should 
 be kept with unflinching fidelity. There is no power to compel 
 a nation to pay its just debts. Its credit depends on its honor.. 
 The nation owes what it has led or allowed its creditors to ex- 
 pect. I cannot approve a biU which in my judgment authorizes 
 the violation of sacred obligations. The obligation of the public 
 faith transcends all questions of profit or pubHc advantage. Its- 
 unquestionable maintenance is the dictate as well of the highest: 
 expediency as of the most necessary duty, and should ever be 
 carefully guarded by the Executive, by Congress, and by the 
 people. 
 
'92 LETTERS AND MESS. 
 
 It is my firm conviction that, if the country is to be benefited 
 by a silver coinage, it can be done only by the issue of silver 
 dollars of full value, which will defraud no man. A currency 
 worth less than it purports to be worth will in the end defraud 
 not only creditors, but all who are engaged in legitimate busi- 
 ness, and none more surely than those who are dependent on 
 their daily labor for their daily bread. 
 
 R..B. HAYES. 
 
 Executive Mansion, February 28, 1878. 
 
IVEESS^GE 
 
 TWO HOUSES OP OOUaEESS AT THE COMMENOEMENT OP THE THIED 
 SESSION OF THE FOETY-PIPTH OOITGEESS. 
 
 DECEMBER S, 1878. 
 
MESSAGE. 
 
 Fellow-Citizens of the Senate 
 
 AND House of Representatives: 
 
 Our heartfelt gratitude is due to the Divine Being, who holds 
 in His hands the destinies of nations, for the continued bestowal, 
 during the last year, of countless blessings upon our country. 
 
 We are at peace with all other nations. Our pubhc credit 
 has greatly improved, and is, perhaps, now stronger than ever 
 before. Abundant harvests have rewarded the labors of those 
 who till the soil, our manufacturing industries are reviving, and 
 it is believed that general prosperity, which has been so long 
 anxiously looked for, is at last within our reach. 
 
 The enjoyment of health by our people generally has, how- 
 ever, been interrupted, during the past season, by the preva- 
 lence of a fatal pestilence, the yellow-fever, in some portions of 
 the southern States, creating an emergency which called for 
 prompt and extraordinary measures of relief The disease ap- 
 peared as an epidemic, at New Orleans and at other places on 
 the lower Mississippi, soon after midsummer. It was rapidly 
 spread by fugitives from the infected cities and towns, and did 
 not disappear until early in November. The States of Louisiana, 
 Mississippi, and Tennessee have suffered severely. About one 
 hundred thousand cases are believed to have occurred, of which 
 • about twenty thousand, according to intelhgent estimates, proved 
 fatal. It is impossible to estimate, with any approach to accu- 
 racy the loss to the country occasioned by this epidemic. It is 
 to be reckoned by the hundred millions of dollars. The suffer- 
 ing and destitution that resulted excited the deepest sympathy 
 in all parts of the Union. Physicians and nurses hastened from 
 every quarter to the assistance of the afflicted communities. 
 Voluntary contributions of money and supplies, in every needed 
 
96 LETTERS AND MESS 
 
 form, were speedily and generously furnislied. The Govern- 
 ment was able to respond in some measure to the call for help, 
 by providing tents, medicines, and food for the sick and destitute, 
 the requisite directions for the purpose being given, in the con- 
 fident expectation that this action of the Executive would re- 
 ceive the sanction of Congress. About eighteen hundred tents,, 
 and rations of the value of about twenty-five thousand dollars,, 
 were sent to cities and towns which applied for them, full details 
 of which will be furnished to Congress by the proper Depart- 
 ment. 
 
 The fearful spread of this pestilence has awakened a very 
 general public sentiment in favor of national sanitary adminis- 
 tration, which shall not only control quarantine, but have the 
 sanitary supervision of internal commerce in times of epidemics,, 
 and hold an advisory relation to the State and municipal health 
 authorities, with power to deal with whatever endangers the 
 public health, and which the municipal and State authorities are 
 unable to regulate. The national quarantine act approved April 
 29, 1878, which was passed too late in the last session of Con- 
 gress to provide the means for carrying it into practical operation, 
 during the past season, is a step in the direction here indicated. 
 In view of the necessity for the most effective measures, by 
 quarantine and otherwise, for the protection of our seaports, and 
 the country generally, from this and other epidemics, it is rec- 
 ommended that Congress give to the whole subject early and 
 careful consideration. 
 
 The permanent pacification of the country by the complete 
 protection of all citizens in every civil and political right con- 
 tinues to be of paramount interest with the great body of our 
 people. Every step in this direction is welcomed with public 
 approval, and every interruption of steady and uniform progress 
 to the desired consummation awakens general uneasiness and 
 wide-spread condemnation. The recent Congressional elections 
 have fiimished a direct and trustworthy test of the advance thus 
 
LETTEESAKD MESSAGES. 97 
 
 far made in the p];actical establishment of the right of suffrage, 
 secured by the Constitution to the hberated race in the southern 
 States. All disturbing influences, real or imaginary, had been 
 removed from all of these States. 
 
 The three constitutional amendments, which conferred free- 
 dom and equality of civil and political rights upon the colored 
 people of the South, were adopted by the concurrent action of 
 the great body of good citizens who maintained the authority of 
 the National Government and the integrity and perpetuity of 
 the Union at such a cost of treasure and life, as a wise and 
 necessary embodiment in the organic law of the just results of 
 the war. The people of the former slave-holding States ac- 
 cepted these results, and gave, in every practicable form, assur- 
 ances that the thirteenth, fourteenth, and fifteenth amendments, 
 and laws passed in pursuance thereof, should, in good faith, be 
 enforced, rigidly and impartially, in letter and spirit, to the end 
 that the humblest citizen, without distinction of race or color, 
 should, under them, receive full and equal protection in person 
 and property and in political rights and privileges. By these 
 constitutional amendments, the southern section of the Union 
 obtained a large increase of political power in Congress and in 
 the Electoral College, and the country justly expected that elec- 
 tions would proceed, as to the enfranchised race, upon the same 
 circumstances of legal and constitutional freedom and protection 
 which obtained in all the other States of the Union. The 
 friends of law and order looked forward to the conduct of these 
 elections, as offering to the general judgment of the country an 
 important opportunity to measure the degree in which the right 
 of suffrage could be exercised by the colored people, and would 
 be respected by their fellow-citizens ; but a more general enjoy- 
 ment of freedom of suffrage by the colored people, and a more 
 just and generous protection of that freedom by the communities 
 of which they form a part, were generally anticipated than the 
 record of the elections discloses. In some of those States in 
 7 L M 
 
98 LETTERS AND MESS. 
 
 which the colored people have been unable to naake their opinions 
 felt in the elections, the result is mainly due to influences not 
 easily measured or remedied by legal protection ; but in the 
 States of Louisiana and South Carolina at large, and in some 
 particular congressional districts outside of those States, the 
 records of the elections seem to compel the conclusion that the 
 rights of the colored voters have been overridden, and their 
 participation in the elections not permitted to be either general 
 or free. 
 
 It will be for the Congress for which these elections were 
 held, to make such examinations into their conduct as may be 
 appropriate to determine the validity of the claims of members 
 to their seats. In the meanwhile it becomes the duty of the 
 Executive and Judicial Departments of the Groverijiment, each 
 in its province, to inquire into and punish violations of the laws 
 of the United States which have occurred. I can but repeat 
 what I said in this connection in my last message, that what- 
 ever authority rests with me to this end I shall not hesitate to 
 put forth, and I am unwilling to forego a renewed appeal to the 
 legislatures, the courts, the executive authorities, and the people 
 of the States where these wrongs have been perpetrated, to give 
 their assistance towards bringing to justice the oifenders and 
 preventing a repetition of the crimes. No means within my 
 power will be spared to' obtain a full and fair investigation of 
 the alleged crimes, and to secure the conviction and just pun- 
 ishment of the guilty.^ 
 
 It is to be observed that the principal appropriation made for 
 the Department of Justice at the last session contained the 
 following clause: "And for defraying the expenses which may 
 be incurred in the enforcement of the act approved February 
 twenty^eighth, eighteen hundred and seventy-one, entitled 'An 
 act to amend an act approved May thirtieth, eighteen hundred 
 and seventy, entitled An act to enforce the rights of citizens of 
 the United States to vpte in the several States of the Union, 
 
LETTERS AND MESSAGES. 99 
 
 and for other purposes,' or any acts amendatory thereof or sup- . 
 plementary thereto." 
 
 It is the opinion of the Attorney General that the expenses 
 of these proceedings will largely exceed the amount which was 
 thus provided, and I rely confidently upon Congress to make 
 adequate appropriations to enable the Executive Department to 
 enforce the laws. 
 
 I respectfully urge upon your attention that the congressional 
 elections, in every district, in a very important sense, are justly 
 a matter of political interest and concern throughout the whole 
 country. Each State, every political party, is entitled to the- 
 share of power which is conferred by the legal and constitu- 
 tional suifrage. It is the right of every citizen, possessing the 
 qualifications prescribed by law, to cast one unintimidated bal- 
 lot, and to have his ballot honestly counted. So long as the 
 exercise of this power and the enjoyment of this right are com- 
 mon and equal, practically as well as formally, submission to 
 the results of the suffrage will be accorded loyally and cheer- 
 fully, and all the departments of Government will feel the true 
 vigor of the popular will thus expressed. No temporary or ad- 
 ministrative interests of Government, however urgent or weighty, 
 will ever displace the zeal of our people in defence of the pri- 
 mary rights of citizenship. They understand that the protection 
 of liberty requires the maintenance, in full vigor, of the manly 
 methods of free speech, free press, and free suffrage, and will 
 sustain the full authority of Government to enforce the laws 
 which are framed to preserve these inestimable rights. The 
 material progress and welfare of the States depend on the pro- 
 tection afforded to their citizens. ' There can be no peace with- 
 out such protection, no prosperity vdthout peace, and the whole 
 country is deeply interested in the growth and prosperity of all 
 its parts. 
 
 While the country has not yet reached complete unity of 
 feeling and reciprocal confidence between the communities so 
 
100 LETTERS AND MESS 
 
 lately and so seriously estranged, I feel an absolute assurance 
 that the tendencies are in that direction, and with increasing 
 force. The power of pubhc opinion wiU override all political 
 prejudices, and all sectional or State attachments, in demanding 
 that all over our wide territory the name and character of citi- 
 zen of the United States shall mean one 'and the same thing, 
 and carry with them unchallenged security and respect. 
 
 Our relations with other countries continue peaceful. Our 
 neutrality in contests between foreign Powers has been main- 
 tained and respected. 
 
 The Universal Exposition held at Paris during the past sum- 
 mer has been attended by large numbers of our citizens. The 
 brief period allowed for the preparation and arrangement of the 
 contributions of our citizens to this great Exposition was well 
 employed in energetic and judicious efforts to overcome this 
 disadvantage. These efforts, led and directed by the Commis- 
 sioner Greneral, were remarkably successful, and the exhibition 
 of the products of American industry was creditable and grati- 
 fying in scope and character. The reports of the United States 
 commissioners, giving its results in detail, will be duly laid be- 
 fore you. Our participation in this international competition 
 for the favor and the trade of the world may be expected to 
 produce useful and important results, in promoting intercourse, 
 friendship, and commerce with other nations. 
 
 In accordance with the provisions of the act of February 28, 
 1878, three commissioners were appointed to an international 
 conference on the subject of adopting a common ratio between 
 gold and silver, for the purpose of establishing, internationally, 
 the use of bimetallic money, and securing fixity of relative value 
 between those metals. 
 
 Invitations were addressed to the various Governments which 
 had expressed a willingness to participate in its deliberations. 
 The conference held its meetings in Paris, in August last. The 
 report of the commissioners, herewith submitted, will show its 
 
LETTERS AND MESSAGES. 101 
 
 results. No common ratio between gold and silver could be 
 agreed upon by the conference. The general conclusion was 
 reached that it is necessary to maintain in the world the mone- 
 tary functions of silver as well as of gold, leaving the selection 
 of the use of one or the other of these two metals, or of both, 
 to be made by each State. 
 
 Congress having appropriated at its last session the sum of 
 $5,500,000 to pay the award of the Joint Commission at Hali- 
 fax, if, after correspondence with the British Government, on 
 the subject of the conformity of the award to the requirements 
 of the treaty and to the terms of the question thereby submitted 
 to the Commission, the President shall deem it his duty to make 
 the payment, communications upon these points were addressed 
 to the British Government through the Legation of the United 
 States at London. Failing to obtain the concurrence of the 
 British Government in the views of this Government respecting 
 the award, I have deemed it my duty to tender the sum named, 
 within the year fixed by the treaty, accompanied by a notice of 
 the grounds of the payment, and a protest against any other 
 construction of the same. The correspondence upon this sub- 
 ject will be laid before you. 
 
 The Spanish Government has officially announced the termi- 
 nation of the insurrection in Cuba, and the restoration of peace 
 throughout that island. Confident expectations are expressed 
 of a revival of trade and prosperity, which it is earnestly hoped 
 may prove well-founded. Numerous claims of American citi- 
 zens for relief for injuries or restoration of property, have been 
 among the incidents of the long-continued hostilities. Some of 
 these claims are in process of adjustment by Spain, and the 
 the others are promised early and careful consideration. 
 
 The treaty made with Italy, in regard to reciprocal consular 
 privileges, has been duly ratified and proclaimed. 
 
 No questions of grave importance have arisen with any other 
 of the European Powers. 
 
102 LETTERS AND MESS 
 
 The Japanese Government has been desirous of a revision of 
 such parts of its treaties with foreign Powers as relate to com- 
 merce, and, it is understood, has addressed to each of the treaty 
 Powers a request to open negotiations with that view. The 
 United States Government has been inclined to regard the mat- 
 ter favorably. Whatever restrictions upon trade with Japan are 
 found injurious to that people cannot but affect injuriously, na- 
 tions holding commercial intercourse with them. Japan, after 
 a long period of seclusion, has within the past few years made 
 rapid strides in the path of enlightenment and progress, and,, 
 not unreasonably, is looking forward to the time when her rela- 
 tions with the nations of Europe and America shall be assimi- 
 lated to those which they hold with each other. A treaty 
 looking to this end has been made, which will be submitted for 
 the consideration of the Senate. , 
 
 After an interval of several years, the Chinese Government 
 has again sent envoys to the United States. They have been 
 received, and a permanent legation is now established here by 
 that Government. It is not doubted that this step will be of 
 advantage to both nations in promoting friendly relations and 
 removing causes of difference. The treaty with the Samoan 
 Islands, having been duly ratified and accepted on the part of 
 both Governments, is now in operation, and a survey and sound- 
 ings of the harbor pf Pago-Pago have been made by a naval 
 vessel of the United States, with a view of its occupation as a 
 naval station, if found desirable to the service. 
 
 Since the resumption of diplomatic relations with Mexico,, 
 correspondence has been opened and still continues between 
 the two Governments upon the various questions which at one 
 time seemed to endanger their relations. While no formal 
 agreement has been reached as to the troubles on the border,, 
 much has been done to repress and diminish them. The effec- 
 tive force of United States troops on the Rio Grande, by a strict 
 and faithful compliance with instructions,, has done much to 
 
LETTERS AND MESSAGES. 103 
 
 remove the sources of dispute, and it is now understood that a 
 like force of Mexican troops on the other' side of the river is 
 also making an energetic movement against the marauding In- 
 dian tribes. This Government looks with the greatest satisfac- 
 tion upon every evidence of strength in the national authority 
 of Mexico, and upon every eifort put forth to prevent or to 
 punish incursions upon our territory. Reluctant to assume any 
 action or attitude in the control of these incursions, by military 
 movements across the border, not imperatively demanded for 
 the protection of the lives and property of our own citizens, I 
 shall take the earhest opportunity, consistent with the proper 
 discharge of this plain duty, to recognize the abihty of the Mex- 
 ican government to restrain effectively violations of our territory. 
 It is proposed to hold next year an International Exhibition in 
 Mexico, and it is believed that the display of the agricultural 
 and manufacturing products of the two nations will tend to 
 better understanding and increased commercial intercourse be- 
 tween their people. 
 
 With Brazil, and the Republics of Central and South America, 
 some steps have been taken toward the development of closer 
 commercial intercourse. Diplomatic relations have been re- 
 sumed with Coloi;ibia and with Bolivia. A boundary question 
 between the Argentine Republic and Paraguay has been sub- 
 mitted by those governments for arbitration to the President of 
 the United States, and I have, after a careful examination, given 
 a decision upon it. 
 
 A naval expedition up the Amazon and Madeira rivers has 
 brought back information valuable both for scientific and com- 
 mercial purposes. A hke expedition is about visiting the coast 
 of Africa and the Indian ocean. The reports of diplomatic and 
 consular officers in relation to the development of our foreign 
 commerce have furnished many facts that have proved of public 
 interest, 'and have stimulated to practical exertion the enterprise, 
 of our people. 
 
104 LETTERS AND MESf 
 
 The report of the Secretary of the Treasury furnishes a de- 
 tailed statement of the operations of that Department of the 
 Government, and of the condition of the public finances. 
 
 The ordinary revenues from all sources for the fiscal year 
 ended June 30, 1878, were $257,7(13,878 70; the ordinary 
 expenditures for the same period were $236,964,326 80 — 
 leaving a surplus revenue for the year of $20,799,551 90. 
 
 The receipts for the present fiscal year, ending June 30, 1879, 
 actual and estimated, are as follows: Actual receipts for the 
 first quarter commencing July 1, 1878, $73,389,743 43; esti- 
 mated receipts for the remaining three-quarters of the year, 
 $191,110,256 57 ; total receipts for the current fiscal year, actual 
 and estimated, $264,500,000. The expenditures for the same 
 period will be, actual and estimated, as follows : For the quarter 
 commencing July 1, 1878, actual expenditures, $73,344,573 27; 
 and for the remaining three-quarters of the year the expendi- 
 tures are estimated at $166,765,426 73 — making the total 
 expenditures $240,100,000; and leaving an estimated surplus 
 revenue for the year ending June 30, 1879, of $24,400,000. 
 
 The total receipts during the next fiscal year, ending June 
 30, 1880, estimated according to existing laws, will be 
 $264,500,000; and the estimated ordinary expenditures for 
 the same period will be $236,320,412 68; leaving a surplus 
 of $28,179,587 32 for that year. 
 
 In the foregoing statements of expenditures, actual and esti- 
 mated, no amount is allowed for the sinking-fund provided for 
 by the act approved February 25, 1862, which requires that 
 one per cent, of the entire debt of the United States shall be 
 purchased or paid within each fiscal year, to be set apart as a 
 sinking-fund. There has been, however, a substantial compli- 
 ance with the conditions of the law. By its terms the public 
 debt should have been reduced, between 1862 and the close of 
 the last fiscal year, $518,361,806 28; the actual reduction of 
 the ascertained debt, in that period, has been $720,644,739 61; 
 
LETTEES AND MESSAGES. 105 
 
 being in excess of the reduction required by the sinking-fund 
 act— $202,282,933 33. 
 
 The amount of the public debt, less cash in the Treasury, 
 November 1, 1878, was 12,024,200,083 18— a reduction, since 
 the same date last year, of $23,150,617 39. 
 
 The progress made during the last year in refunding the 
 public debt at lower rates of interest is very gratifying. The 
 amount of four per cent, bonds sold during the present year 
 prior to November 23, 1878, is $100,270,900, and six per cent, 
 bonds, commonly known as five-twenties, to an equal amount, 
 have been or will be redeemed as calls mature. 
 
 It has been the policy of the Department to place the four 
 per cent, bonds within easy reach of every citizen who desires 
 to invest his savings, whether small or great, in these securities. 
 The Secretary of the Treasury recommends that the law be so 
 modified that small sums may be invested, and that through 
 the post offices, or other agents of the Grovernment, the freest 
 opportunity may be given in all parts of the country for such 
 investments. . * 
 
 The best mode suggested is, that the Department be author- 
 ized to issue certificates of deposit, of the denomination of ten 
 dollars, bearing interest at the rate of 3.65 per cent, per annum, 
 and convertible at any time within one year after their issue 
 into the four per cent, bonds authorized by the refunding act, 
 and to be issued only in exchange for United States notes sent 
 to the Treasury by mail or otherwise. Such a provision of law, 
 supported by suitable regulations, would enable any person 
 readily, without cost or risk, to convert his money into an in- 
 terest-bearing security of the United States, and the money so 
 received could be applied to the redemption of six per cent, 
 bonds. 
 
 The coinage of gold during the last fiscal year was $52,798,980. 
 The coinage of silver dollars, under the act passed February 28, 
 1878, amounted on the 23d of November, 1878, to $19,814,550, 
 
106 LETTERS AND MESJ 
 
 of which amount $4,984,947 are in circulation, and the balance, 
 $14,829,603, is still in the possession of the Government. 
 
 With views unchanged with regard to the act under which 
 the coinage of silver proceeds, it has been the purpose of the 
 Secretary faithfully to execute the law, and to atford a fair trial 
 to the measure. 
 
 In the present financial condition of the country, I am per- 
 suaded that the welfare of legitimate business and industry of 
 every description will be best promoted by abstaining from all 
 attempts to make radical changes in the existing financial legis- 
 lation. Let it be understood that during the coming year the 
 business of the country will be undisturbed by governmental 
 interference with laws affecting it, and we may confidently 
 expect that the resumption of specie payments, which will take 
 place at the appointed time, will be successfully and easily 
 maintained, and that it will be followed by a healthful and 
 enduring revival of business prosperity. 
 
 Let the healing influence of time, the inherent energies of 
 our people, and the*boundless resources of our country, have a 
 fair opportunity, and relief from present difficulties wiU surely 
 follow. 
 
 The report of the Secretary of War shows that the Army has 
 been well and economically supplied, that our small force has 
 been actively employed, and has faithfiiUy performed aU the 
 service required of it. The morale of the Army has improved, 
 and the number of desertions has materially decreased during 
 the year. 
 
 The Secretary recommends — 
 
 1. That a pension be granted to the widow of the late Lieu- 
 tenant Henry H. Benner, 18th Lifantry, who lost his fife 
 by yellow-fever while in command of the steamer "J. M. 
 Chambers," sent with supplies for the relief of sufferers in the 
 South from that disease. 
 
 2. The establishment of the annuity scheme for the benefit 
 
LETTERS AND MESSAGES. lOT 
 
 of the heirs of deceased officers, as suggested by the Pay- 
 master Greneral. 
 
 3. The adoption by Congress of a plan for the pubHcation of 
 the records of the War of the EebeUion, now being prepared 
 for that purpose. 
 
 4. The increase of the extra per diem of soldier-teachers 
 employed in post-schools, and liberal appropriations for the 
 erection of buildings for schools and libraries at the different 
 posts. 
 
 5. The repeal or amendment of the act of June 18, 1878, 
 forbidding the '-'use of the army as a posse comitatus, or other- 
 wise, for the purpose of executing the laws, except in such 
 cases and under such circumstances as may be expressly 
 authorized by the Constitution or by act of Congress." 
 
 6. The passage of a joint resolution, of Congress legalizing 
 the issues of rations, tents, and medicines which were made for 
 the relief of sufferers from yellow-fever. 
 
 7. That provision be made for the erection of a fire-proof 
 building for the preservation of certain valuable records, now 
 constantly exposed to destruction by fire. 
 
 These recommendations are all commended to your favorable 
 consideration. 
 
 The report of the Secretary of the Navy shows that the Navy 
 has improved during the last fiscal year. Work has been done 
 on seventy^five vessels, ten of which have been thoroughly re- 
 paired, and made ready for sea. Two others are in rapid 
 progress towards completion. The total expenditures of the: 
 year, including the amount appropriated for the deficiencies of 
 the previous year, Were $17,468,392 65. The actual expenses 
 chargeable to the year, exclusive of these deficiencies, were 
 $13;306,914 09, or $767,199 18 less than those of the previous- 
 year, and $4,928,677 74 less than the expenses, including the 
 deficiencies. The estimates for the fiscal year ending June 30, 
 1880, are $14,562,381 45 — exceeding the appropriations of the 
 
108 ■ LETTERS AND MESf 
 
 present year only $33,949 75 ; wMch excess is occasioned by 
 the demands of the Naval Academy and the Marine Corps, as 
 explained in the Secretary's report. The appropriations for the 
 present fiscal year are $14,528,431 70, which, in the opinion 
 ■of the Secretary, will be ample for all the current expenses of 
 the Department during the year. The amount drawn from the 
 Treasury from July 1 to November 1, 1878, is $4,740,544 14, 
 of which $70,980 75 has been refunded, leaving as the expen- 
 diture for that period $4,669,563 39, or $520,899 24 less than 
 the. corresponding period of the last fiscal year. 
 
 The report of the Postmaster General embraces a detailed 
 statement of the operations of the Post Office Department. The 
 expenditures of that Department for the fiscal year ended June 
 30, 1878, were $34,165,084 49. The receipts, including sales 
 •of stamps, money-order business, and official stamps, were 
 :$29,277,516 95. The sum of $290,436 90, included in the 
 foregoing statement of expenditures, is chargeable to preceding 
 years, so that the actual expenditures for the fiscal year ended 
 June 30, 1878, are $33,874,647 50. The amount drawn from 
 the Treasury on appropriations, in addition to the revenues of 
 the Department, was $5,307,652 82. The expenditures for the 
 fiscal year ending June 30, 1880, are estimated at $36,571,900, 
 and the receipts from all sources at $30,664,023 90, leaving a de- 
 ficiency to be appropriated out of the Treasury of $5,907,876 10. 
 The report calls attention to the fact that the compensation of 
 postmasters and of railroads for carrying the mail is regulated 
 by law, and that the failure of Congress to appropriate the 
 amounts required for these purposes does not relieve the G-ov- 
 ernment of responsibility, but necessarily increases the defi- 
 iciency bills which Congress will be called upon to pass. 
 
 In providing for the postal service, the following questions 
 are j^resented : Should Congress annually appropriate a sum for 
 its expenses largely in excess of its revenues, or should such 
 rates of postage be established as will make the Department 
 
LETTERS AND MESSAGES. 109 
 
 self-sustaining ? Should the postal service be reduced by ex- 
 cluding from the mails matter which does not pay its way f 
 Should the number of post-routes be diminished? Should 
 other methods be adopted which will increase the revenues or 
 diminish the expenses of the postal service ? 
 
 The International Postal Congress, which met at Paris May 
 1, 1878, and continued in session until June 4 of the same year, 
 was composed of delegates from nearly all the civilized countries 
 of the world. It adopted a new convention, to take the place 
 of the treaty concluded at Berne October 9, 1874; which goes 
 into eifect on the 1st of April, 1879, between the countries 
 whose delegates have signed it. It was ratified and approved, 
 by and with the consent of the President, August 13, 1878. A 
 synopsis of this Universal Postal Convention wiU be found in 
 the report of the Postmaster General, and the full text in the 
 appendix thereto. In its origin the Postal Union comprised 
 twenty-three countries, having a population of three hundred 
 and fifty millions of people. On the 1st of April next it will 
 comprise forty-three countries and colonies, with a population 
 of more than six hundred and fifty millions of people, and will 
 soon, by the accession of the few remaining countries and colo- 
 nies, which maintain organized postal services, constitute, in 
 fact as weU as in name, as its new title indicates, a Universal 
 Union, regulating, upon a uniform basis of cheap postage-rates, 
 the postal intercourse between all civilized nations. 
 
 Some embarrassment has arisen out of the conflict between 
 the customs laws of this country and the provisions of the Postal 
 Convention, in regard to the transmission of foreign books and 
 newspapers to this country by mail. It is hoped that Congress 
 will be able to devise some means of reconciling the difficulties 
 which have thus been created, so as to do justice to all parties 
 involved. 
 
 The business of the Supreme Court, and of the courts in 
 many of the circuits, has increased to such an extent during the 
 
110 LETTERS AND MESS 
 
 past years that additional legislation is imperative to relieve and 
 prevent tke delay of justice, and possible oppression to suitors, 
 which is thus occasioned. The encumbered condition of these 
 dockets is presented anew in the report of the Attorney Gen- 
 ■eral, and the remedy suggested is earnestly urged for Congres- 
 sional action. The creation of additional . circuit judges, as 
 proposed, v^^ould afford a complete remedy, and would involve 
 an expense — at the present rate of salaries — of not more than 
 $60,000 a year. 
 
 The annual reports of the Secretary of the Interior and of the 
 Commissioner of Indian Affairs, present an elaborate account 
 of the present condition of the Indian tribes, and of that branch 
 of the public service which ministers to their interests. While 
 the conduct of the Indians, generally, has been orderly, and 
 their relations with their neighbors friendly and peaceful, two 
 local disturbances have occurred, which were deplorable in their ' 
 character, but remained, happily, confined to a comparatively 
 small number of Indians. The discontent among the Bannocks, 
 which led first to some acts of violence on the part of some 
 members of the tribe, and finally to the outbreak, appears to 
 have been caused by an insufficiency of food on the reservation, 
 and this insufficiency to have been owing to the inadequacy of 
 the appropriations, made by Congress, to the wants of the In- 
 dians, at a time when the Indians were prevented from supply- 
 ing the deficiency by hunting. After an arduous pursuit by the 
 troops of the United States, and several engagements, the hos- 
 tile Indians were reduced to subjection, and the larger part of 
 them surrendered themselves as prisoners. In this connection, 
 I desire to call attention to the recommendation made by the 
 Secretary of the Interior, that a sufficient fund be placed at the 
 disposal of the Executive, to be used, with proper account- 
 ability, at discretion, in sudden emergencies of the Indian 
 service. 
 
 The other case of disturbance was that of a band of Northern 
 
LETTERS AND MESSAGES. Ill 
 
 Cheyenries who suddenly left their reservation in the Indian 
 Territory and marched rapidly through the States of Kansas and 
 Nebraska in the direction of their old hunting-grounds, commit- 
 ting murders and other crimes on their way. From documents 
 accompanying the report of the Secretary of the Interior, it ap- 
 pears that this disorderly band was as fully supplied with the 
 necessaries of life as the four thousand seven hundred other 
 Indians who remained quietly on the reservation, and that the 
 disturbance was caused by men of a restless and mischievous 
 disposition among the Indians themselves. Almost the whole 
 of this band have surrendered to the military authorities, and it 
 is a gratifying fact that, when some of them had taken refuge 
 in the camp of the Red Cloud Sioux, with whom they had been 
 in friendly relations, the Sioux held them as prisoners and readily 
 gave them up to the officers of the United States, thus giving 
 new proof of the loyal spirit which, alarming rumors to the 
 contrary notwithstanding, they have uniformly shown ever since 
 the wishes they expressed at the council of September, 1877, 
 had been complied with. 
 
 ' Both the Secretary of the Interior and the Secretary of War 
 unite in the recommendation that provision be made by Con- 
 gress for the organization of a corps of mounted " Indian aux- 
 iliaries," to be under the control of the Army, and to be used 
 for the purpose of keeping the Indians on their reservations and 
 preventing or repressing disturbance on their part. I earnestly 
 concur in this recommendation. It is believed that the organ- 
 ization of such a body of Indian cavalry, receiving a moderate 
 pay from the Government, would considerably weaken the rest- 
 less element among the Indians by withdrawing from it a num- 
 ber of young men and giving them congenial eniployment under 
 the Govemmentj it being a matter of experience that Indians 
 in our service almost without exception are faithful in the per- 
 formance of the duties assigned to them. Such an organization 
 would materially aid the Army in the accomplishment of a task 
 for which its numerical strength is sometimes found insufficient. 
 
112 LETTERS AND MESS 
 
 But, while the employment of force for the prevention or 
 repression of Indian troubles is of occasional necessity, and 
 wise preparation should be made to that end, greater reliance 
 must be placed on humane and civilizing agencies for the ulti- 
 mate solution of what is called the Indian problem. It may be 
 very difficult, and require much patient effort, to curb the unruly 
 spirit of the savage Indian to the restraints of civilized life, but 
 experience shows that it is not impossible. Many of the tribes- 
 which are now quiet and orderly and self-supporting were once 
 as savage as any that at present roam over the plains or in the 
 mountains of the far west, and were then considered inaccessible 
 to civilizing influences. It may be impossible to raise them fully 
 up to the level of the white population of the United States ; but 
 we should not forget that they are the aborigines of the country, 
 and called the soil their own on which our people have grown 
 rich, powerful, and happy. We owe it to them as a moral duty to 
 help them in attaining at least that degree of civilization which 
 they may be able to reach. It is not only our duty — it is also our 
 interest to do so. Indians who have become agriculturists or 
 herdsmen, and feel an interest in property, will thenceforth cease 
 to be a warlike and disturbing element. It is also a well- 
 authenticated fact that Indians are apt to be peaceable and quiet, 
 when their children are at school, and I am gratified to know, 
 from the expressions of Indians themselves and from many con- 
 curring reports, that there is a steadily increasing desire, even 
 among Indians belonging to comparatively wild tribes, to have 
 their children educated. I invite attention to the reports of the 
 Secretary of the Interior and the Commissioner of Indian Affairs,, 
 touching the experiment recently inaugurated, in taking fifty 
 Indian children, boys and girls, from different tribes, to the 
 Hampton Normal Agricultural Institute, in Virginia, where they 
 are to receive an elementary English education and training in 
 agriculture and other useful work, to be returned to their tribes, 
 after the completed course, as interpreters, instructors, and ex- 
 amples. It is reported that the officer charged with the selection. 
 
LETTERS AND MESSAGES. 113 
 
 of those children might have had thousands of young Indians 
 sent with him had it been possible to make provision for them. 
 I agree with the Secretary of the Interior in saying that '' the 
 result of this interesting experiment, if favorable, may be des- 
 tined to become an important factor in the advancement of 
 civilization among the Indians." 
 
 The question, whether a change in the control of the Indian 
 service should be made, was, at the last session of Congress, 
 referred to a committee for inquiry and report. Without de- 
 siring to anticipate that report, I venture to express the hope 
 that in the decision of so important a question, the views ex- 
 pressed above may not be lost sight of, and that the decision, 
 whatever it may be, will 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. 
 
 In the enrolment of the bill making appropriations for sun- 
 dry civil expenses, at the last session of Congress, that portion 
 which provided for the continuation of the Hot Springs Com- 
 mission was omitted. As the commission had completed the 
 work of taking testimony on the many conflicting claims, the 
 suspension of their labors, before determining the rights of 
 claimants, threatened, for a time, to embarrass the interests, 
 not only of the Government, but also of a large number of the 
 citizens of Hot Springs, who were waiting for final action on 
 their claims before beginning contemplated improvements. In 
 order to prevent serious difficulties, which were apprehended, 
 and at the solicitation of many leading citizens of Hot Springs, 
 and others interested in the welfare of the town, the Secretary 
 of the Interior was authorized to request the late commissioners 
 to take charge of the records of their proceedings, and to per- 
 form such work as could properly be done by them under such 
 circumstances, to facilitate the future adjudication of the claims 
 at an early day, and to preserve the status of the claimants until 
 their rights shaU be finally determined. The late commission- 
 
 8 li M 
 
114 LETTERS AND MES5 
 
 ers complied with that request, and report that the testimony, 
 in all the cases, has been written out, examined, briefed, and 
 so arranged as to facilitate an early settlement when authorized . 
 by law. It is recommended that the requisite authority be 
 given at as early a day in the session as possible, and that a fair 
 compensation be allowed the late commissioners for the expense 
 incurred and the labor performed by them since the 25th of 
 June last. 
 
 I invite the attention of Congress to the recommendations 
 made by the Secretary of the Interior with regard to the pres- 
 ervation of the timber on the public lands of the United States. 
 The protection of the public property is one of the first duties 
 of the Government. The Department of the Interior should, 
 therefore, be enabled, by sufficient appropriations, to enforce 
 the laws in that respect. But this matter appears still more 
 important as a question of public economy. The rapid destruc- 
 tion of our forests is an evil fraught with the gravest conse- 
 quences, especially in the mountainous districts, where the 
 rocky slopes, once denuded of their trees, will remain so forever. 
 There the injury, once done, cannot be repaired. I fully con- 
 cur with the Secretary of the Interior in the opinion that, for 
 this reason, legislation touching the public timber in the moun- 
 tainous States and Territories of the West, should be especially 
 well considered, and that existing laws, in which the destruction 
 of the forests is not sufficiently guarded against, should be 
 speedily modified. A general law concerning this important 
 subject appears to me to be a matter of urgent public necessity: 
 
 From the organization of the Government, the importance of 
 encouraging, by all possible means, the increase of our agricul- 
 tural productions has been acknowledged and urged upon the 
 attention of Congress and the people as the surest and readiest 
 means of increasing our substantial and enduring prosperity. 
 
 The words of Washington are as applicable to-day as when, 
 in his eighth annual message, he said : "It is not to be doubted 
 
LETTERS AND MESSAGES. 115 
 
 that with reference either to individual or national welfare, agri- 
 culture is of primarj^ importance. In proportion as nations 
 advance in population and other circumstances of maturity, this 
 truth becomes more apparent, and renders the cultivation of the 
 soil more and more an object of pubhc patronage. Institutions 
 for promoting it grow up, supported by the pubhc purse — and 
 to what object can it be dedicated with greater propriety! 
 Among the means which have been employed to this end, none 
 have been attended with greater success than the estabhshment 
 of boards composed of proper characters, charged with collect- 
 ing and diffusing information, and enabled, by premiums and 
 small pecuniary aids, to encourage and assist the spirit of dis- 
 covery and improvement, this species of establishment contrib- 
 uting doubly to the increase of improvement by stimulating to 
 enterprise and experiment, and by drawing to a common centre 
 the results everywhere of individual skill and observation, and 
 spreading them thence over the whole nation. Experience ac- 
 cordingly hath shown that they are very, cheap instruments of 
 immense national benefit." 
 
 The great preponderance of the agricultural, over any other 
 interest in the United States, entitles it to all the consideration 
 claimed for it by Washington. About one-half of the popula- 
 tion of the United States is engaged in agriculture. The value 
 of the agricultural products of the United States for the year 
 1878 is estimated at three thousand millions of dollars. The ex- 
 ports of agricultural products for the year 1877, as appears from 
 the report of the Bureau of Statistics, were five hundred and 
 twenty-four millions of dollars. The great extent of our country, 
 with its diversity of soil and climate, enables us to produce within 
 our own borders, and by our own labor, not only the necessaries 
 but most of the luxuries that ^re consumed in civilized coun- 
 tries. Yet, notwithstanding our advantages of soil, climate, and 
 intercommunication, it appears from the statistical statements 
 in the report of the Commissioner of Agriculture, that we im- 
 
116 LETTERS AND MESS 
 
 port annually frojn foreign lands many millions of .dollars' worth 
 of agricultural products which could be raised in our own 
 country. 
 
 Numerous questions arise in the practice of advanced agricul- 
 ture which can only be answered by experiments, often costly 
 and sometimes fruitless, which are beyond the means of private 
 individuals, and are a just and proper charge on the whole na- 
 tion for the benefit of the nation. It is good policy, especially 
 in times of depression and uncertainty in other business pursuits, 
 vdth a vast area of uncultivated, and hence unproductive terri- 
 tory, wisely opened to homestead settlement, to encourage, by 
 every projier and legitimate means, the occupation and tillage 
 of the soil. The efforts of the Department of Agriculture to 
 stimulate old and introduce new agricultural industries, to im- 
 prove the quality and increase the quantity of our products, to 
 determine the value of old or establish the importance of new 
 methods of culture, are worthy of your careful and favorable 
 consideration, and assistance by such appropriations of money 
 and enlargement of facilities as may seem to be demanded by 
 the present favorable conditions for the growth and rapid devel- 
 opment of this important interest. 
 
 The abuse of animals in transit is widely attracting pubhc 
 attention. A national convention of societies specially interested 
 in the subject has recently met at Baltimore, and the facts de- 
 veloped, both in regard to cruelties to animals and the effect of 
 such cruelties upon the public health, would seem to demand 
 the careful consideration of Congress, and the enactment of more 
 efficient laws for the prevention of these abuses. 
 
 The report of the Commissioner of the Bureau of Education 
 shows very gratifying progress throughout the country, in all 
 the interests committed to the care of this important office. The 
 report is especially encouraging with respect to the extension of 
 the advantages of the common-school system, in sections of the 
 country where the general enjoyment of the privilege of free 
 schools is not yet attained. 
 
LETTERS AND MESSAGES. 117 
 
 To education more than to any other agency, we are to look, 
 as the resource for the advancement of the people, in the requi- 
 site knowledge and appreciation of their rights and responsi- 
 bilities as citiizens, and I desire to repeat the suggestion con- 
 tained in my former message in behalf of the enactment of 
 appropriate measures by Congress for the purpose of supple- 
 menting, with national aid, the local systems of education in 
 the several States. 
 
 Adequate accommodations for the great library, which is over- 
 growing the capacity of the rooms now occupied at the Capitol, 
 should be provided without flirther delay. This invaluable col- 
 lection of books, manuscripts, and illustrative art, has grown to 
 such proportions, in connection with the copyright system of the 
 ^country, as to demand the prompt and careful attention of Con- 
 gress to save it from injury in its present crowded and insuffi- 
 cient quarters. As this library is national in its character, and 
 must, from the nature of the case, increase even more rapidly in 
 the future than in the past, it cannot be doubted that the people 
 will sanction any wise expenditure to preserve it and to enlarge 
 its usefulness. 
 
 The appeal of the Regents of the Smithsonian Institution for 
 the means to organize, exhibit, and make available for the public 
 benefit the articles now stored away belonging to the National 
 Museum, I heartily recommend to your favorable consideration. 
 
 The attention of Congress is again invited to the condition of 
 the river-front of the city of Washington. It is a matter of vital 
 importance to the health of the residents of the National Cap- 
 ital, both temporary and permanent, that the low lands in front 
 of the city, now subject to tidal overflow, should be reclaimed. 
 In their present condition, these flats obstruct the drainage of 
 the city, and are a dangerous source of malarial poison. The 
 reclamation will improve the navigation of the river, by restrict- 
 ing and consequently deepening its channel ; and is also of im- 
 portance, when considered in connection with the extension of 
 
118 LETTERS AND MESS.. 
 
 the public ground and the enlargement of the park, west and 
 south of the Washington Monument. The report of the board 
 of survey, heretofore ordered by act of Congress, on the im- 
 provement of the harbor of Washington and Greorgetown, is 
 respectfully commended to consideration. 
 
 The report of the Commissioners of the District of Columbia 
 presents a detailed statement of the affairs of the District.. 
 
 The relative expenditures by the United States and the Dis- 
 trict for local purposes is contrasted, showing that the expendi- 
 tures by the people of the District greatly exceed those of the 
 Greneral Government. The exhibit is made in connection with 
 estimates for the requisite repair of the defective pavements 
 and sewers of the city, which is a work of immediate necessity, 
 and, in the same connection, a plan is presented for the perma- 
 nent funding of the outstanding securities of the District. 
 
 The benevolent, reformatory, and penal institutions of the 
 District are all entitled to the favorable attention of Congress. 
 The Reform School needs additional buildings and teachers. 
 Appropriations which will place all of these institutions in a 
 condition to become models of usefulness and beneficence, will 
 be regarded by the country as liberality wisely bestowed. 
 
 The Commissioners, with evident justice, request attention to 
 the discrimination made by Congress against the District in the 
 donation of land for the support of the public schools, and ask 
 that the same liberality that has been shown to the inhabitants 
 of the various States and Territories of the United States, may 
 be extended to the District of Columbia. 
 
 The Commissioners also invite attention to the damage inflicted 
 upon public and private interests by the present location of the 
 depots and switching-tracks of the several railroads entering the 
 city, and ask for legislation looking to their removal. The rec- 
 ommendations and suggestions contained in the report will, I 
 trust, receive the careful consideration of Congress. 
 
 Sufficient time has, perhaps, not elapsed since the reorgani- 
 
LETTERS AND MESSAGES. 119 
 
 zation of the government of the District, under the recent legis- 
 lation of Congress, for the expression of a confident opinion as 
 to its successful operation; but the practical results already at- 
 tained are so satisfactory that the friends of the new government 
 may vv^ell urge upon Congress the vs^isdom of its continuance, 
 without essential modification, until, by actual experience, its 
 advantages and defects may be more fully ascertained. 
 
 R. B. HAYES. 
 Executive Mansion, December 2, 1878. 
 
MiESS-AOE ■ 
 
 SENATE OF THE UNITED STATES, TRANSMITTING INFORMATION CONCERNING 
 
 POSTAL AND COMMERCIAL INTERCOURSE BETWEEN THE UNITED 
 
 STATES AND SOUTH AMERICAN COUNTRIES. 
 
 DKOKMBER 17, 1878. 
 
MESSAGE. 
 
 To THE Senate of the Unitei) States; 
 
 In answer to' the resolution of the Senate of the 5th instant, 
 requesting the transmission to the Senate of " any information 
 which may have been received by the Departments concerning 
 postal and commercial intercourse between the United States 
 and South American countries, together with any recommenda- 
 tions desirable to be submitted of measures to be adopted for 
 facilitating and improving such intercourse," I transmit here- 
 with reports from the Secretary of State and the Postmaster 
 General, with accompanying papers. 
 
 The external commerce of the United States has for many 
 years been the subject of solicitude because of the outward drain 
 of the precious metals it has caused. For fully twenty years 
 previous to 1877 the shipment of gold was constant and heavy, 
 so heavy during the entire period of the suspension of specie 
 payments as to preclude the hope of resumption safely during 
 its continuance. In 1876, however, vigorous eiforts were made 
 by enterprising citizens of the country, and have since been 
 continued, to extend our general commerce with foreign lands, 
 especially in manufactured articles, and these efforts have been 
 attended with very marked success. 
 
 The importation of manufactured goods was at the same time 
 reduced in an equal degree, and the result has been an extra- 
 ordinary reversal of the conditions so long prevailing, and a 
 complete cessation of the outward drain of gold. The official 
 statement of the values represented in foreign commerce will 
 show the unprecedented magnitude to which the movement has 
 attained, and the protection thus secured to the public interests at 
 the time when commercial security has become indispensable. 
 
 The agencies through which this change has been effected 
 
124 LETTERS AND MESI 
 
 must be maintained and strengthened if the future is to be made 
 secure. A return to excessive imports, or to a material decline 
 in export trade, would render possible a return to the former 
 ■condition of adverse balances, -with the inevitable outward drain 
 •of gold as a necessary consequence. Every element of aid to 
 the introduction of the products of our soil and manufactures 
 into new markets should be made available. At present such 
 is the favor in which many of the products of the United States 
 are held, that they obtain a remunerative distribution, notwith- 
 standing positive differences of cost resulting from our defective 
 .shipping, and the imperfection of pur arrangements in every 
 respect, in comj^arison with those of our competitors, for con- 
 ducting trade with foreign markets. 
 
 If we have equal commercial facilities we need not fear com- 
 petition anywhere. 
 
 The laws have now directed a resumption of financial equahty 
 with other nations, and have ordered a return to the basis of coin 
 values. It is of the greatest importance that the commercial 
 condition now fortunately attained shall be made permanent, 
 and that our rapidily increasing export trade shall not be allowed 
 "to suffer for want of the ordinary means of communication with 
 ■other countries. 
 
 The accompanying reports contain a valuable and instructive 
 summary of information with respect to our commercial interests 
 in South America, where an inviting fi.eld for the enterprise of 
 our people is presented. They are transmitted with the assur- 
 ance that any measures that may be enacted in furtherance of 
 these important interests will meet with my cordial approval. 
 
 R. B. HAYES. 
 
 Executive Mansion, December 17, 1878. 
 
LETTERS AND MESSAGES. 125 
 
 To THE President: 
 
 The Secretary of State, to whom was referred the resolution 
 of the Senate of the 5th instant, requesting the President ta 
 transmit to the Senate " any information which may have been 
 received by the Departments concerning postal and commercial 
 intercourse between the United States and South American 
 countries, together with any recommendations desirable to be 
 adopted for facilitating and improving such intercourse," has the 
 honor to lay before the President copies of despatches from the 
 diplomatic agents of the United States accredited to the Grov- 
 emments of South America touching the subject-matter of the 
 resolution; and also, as coming within the purview thereof, 
 copies of a report and its annexes, presented to this Department 
 by Mr. J. W. Fralick, upon his return from an extended journey 
 through the leading States of South America, all of which papers 
 are specified in the subjoined list. 
 
 With reference to the request of the Senate for " any recom- 
 mendations desirable to be submitted of measures to be adopted 
 for facilitating and improving" postal and commercial intercourse, 
 the Secretary of State, v^thout entering into an extended dis- 
 cussion of the very important and interesting topics suggested 
 by the papers submitted, respectfully calls attention to certain 
 manifest conclusions which all these reports tend to support. 
 
 I. It seems to be very evident that the provision of regular 
 steam postal communication, by aid from government, has been 
 the forerunner of the commercial predominance of Great Britian 
 in the great marts of Central and South America, both on the 
 Pacific and Atlantic coasts of the continent. It is no less 
 apparent that the efibrts of other European nations, Germany, 
 France, and Italy, to share in this profitable trade have been 
 successful in proportion with their adoption of regular stearh 
 postal communication with the several markets whose trade they 
 sought. 
 
 II. These papers show, also, that the enterprise and sagacity 
 
126 LETTERS AND MESS 
 
 thus shown by European nations have actually reversed the ad- 
 vantage which our geographical position givies us in relation to 
 this extensive commerce of the American hemisphere. The 
 commercial correspondence of our merchants with the trading 
 points on the east and west coasts crosses the Atlantic twice to 
 make a postal connection in a circuit of trade which has its 
 beginning and its end on our own continent. The statistics of 
 our limited trade under this extraordinary disadvantage, show 
 that the growing preference for our products in these South 
 American markets insists upon being gratified, even at the cost 
 of a circuit of importation which carries our merchandise to 
 Europe and incorporates it as a contribution to the volume and 
 the profits of European South American trade. No stronger 
 demonstration of the tendency of commerce to follow in the 
 train of postal communication can be conceived than this vast 
 and expensive circuit of importation resorted to in default of 
 direct opportunities between the countries of demand and 
 supply. 
 
 III. It would seem from these reports that the merchants 
 and the communities, no less than the Grovernments, of these 
 countries strongly desire an enlargement of direct trade with the 
 United States. With all the advantages of foreign commerce 
 supplied by the existing European arrangements for its prose- 
 cution, these markets perceive that this unnatural circuit, when 
 the resources of the United States could supply a direct trade 
 in its place, must be at the expense of the party subjected to 
 the system and the' profit of the party which administers and 
 controls it. Everywhere there is shown a great desire to ex- 
 pand their trade with the United States, and even the least 
 prosperous exchequers of these Grovernments are ready to be 
 opened to share in the expenses of steam postal communications, 
 of whose value in promoting foreign commerce their own expe- 
 rience furnishes irrefragable proof 
 
 IV. While many less immediate and less simple measures, 
 
LETTERS AND MESSAGES. 127 
 
 about which judgments may not readily concur, may properly 
 be canvassed by our people, now eager for a restoration and ex- 
 tension of foreign commerce, upon this one simple and first 
 step of direct, regular, and frequent steam postal communica- 
 tion between the United States and the principal commercial 
 ports of Central and South America there would seem to be no 
 room for doubt. 
 
 If this be so, it is obviously the dictate of interest and duty, 
 on the part of the Grovernment, to promote by every just and 
 appropriate means the attainment of this first and principal 
 agency for the desired expansion of our foreign commerce. It 
 is difficult to understand how this commencement and develop- 
 ment of an ocean postal system, to be a forerunner of the expected 
 trade, can be whoUy trusted to the mere interests of mercantile 
 combinations. 
 
 The Governments of the foreign States with which this com- 
 merce is to be opened are ready to take their part in the public 
 expense of this postal communication with us, and the partici- 
 pation or non-participation by the United States in this public 
 expense seems to be the turning-point in the acceptance or re- 
 jection of the reciprocal trade now proffered us. 
 
 WM. M. EVARTS. 
 
 Department of State, 
 
 Washington, December 17, 1878. 
 
 List of papers. 
 argentine republic. 
 
 1. Mr. Osborn to Mr. Evarts, No. 169, Buenos Ayres, No- 
 vember 18, 1877. 
 
 2. The same to the same, No. 192, Buenos Ayres, June 20, 
 1878. 
 
 BRAZIL. 
 
 3. Mr. Hilliard to Mr. Evarts, No. 5, Rio de Janeiro, No- 
 vember 6, 1877. 
 
128 LETTERS AND MESS. 
 
 4. The same 'to the same, No. 6, Rio de Janeiro, November 
 14, 1877. 
 
 5. The same to the same. No. 18, Rio de Janeiro, May 23, 
 1878. 
 
 6. The same to the same. No. 22, Rio de Janeiro, June 7,, 
 1878. 
 
 CHILI. 
 
 7. Mr. Osborn to Mr. Evarts, No. 18, Santiago, November 2,, 
 1877. 
 
 8. The same to the same. No. 33, Santiago, March 1, 1878, 
 
 9. The same to the same. No. 60, Santiago, September 27, 
 1878. 
 
 10. The same to the same, No. 65, Santiago, October 24,, 
 1878. 
 
 COLOMBIA. 
 
 11. Mr. Dichman to Mr. Evarts, No. 10, October 17, 1878. 
 
 12. The same to the same. No. 18, Bogotd, November 7,. 
 1878. 
 
 PEEUj 
 
 13. Mr. Gibbs to Mr. Evarts, No. 238, Lima, April 10, 1878.. 
 
 14. The same to the same. No. 244, Lima, April 26, 1878. 
 
 15. The same to the same, No. 257, Lima, June 25, 1878. 
 
 16. The same to the same. No. 284, Lima, November 13,, 
 1878. 
 
 VENEZUELA. 
 
 17. Mr. Baker to Mr. Evarts, No. 54, Caracas, October 12,. 
 
 1878. 
 
 MISCELLANEOUS. 
 
 18. Mr. Fralick to Mr. Evarts, Philadelphia, Pa., December 
 
 7, 1878, vi^ith accompaniments. 
 
M:ES8A.aE 
 
 THE SENATE OF THE UNITED STATES, TRANSMITTING A LETTER FROM THE 
 . SECRETARY OF THE TREASURY, WITH ACCOMPANYING DOCUMENTS, 
 RELATIVE TO THE NEW YORK CUSTOM-HOUSE. 
 
 JANUARY 31, 1879. 
 
 9 L M 
 
MESSAGE. 
 
 To THE Senate : 
 
 I transmit herewith a letter of the Secretary of the Treasury^ 
 in relation to the suspension of the late collector and naval 
 officer of the port of New York, ,with accompanying docu- 
 ments. 
 
 In addition thereto I respectfully submit the following obser- 
 vations : 
 
 The custom-house in New York collects more than two- 
 thirds of all the customs revenues of the Government. Its 
 administration is a matter not of local interest merely, but is of 
 great importance to the people of the whole country. For a 
 long period of time it has been used to manage and control 
 political aifairs. The officers suspended by me are, and for 
 several years have been, engaged in the active personal man- 
 agement of the party politics of the city and State of New 
 York. The duties of the offices held by them have been re- 
 garded as of subordinate importance to their partisan work. 
 Their offices have been conducted as part of the political ma- 
 chinery under their control. They have made the custom-house 
 a centre of partisan political management. 
 
 The custom-house should be a business office. It should be 
 conducted on business principles. General James, the post- 
 master of New York City, writing on this subject, says: "The 
 post office is a business institution, and should be run as such. 
 It is my deliberate judgment that I and my subordinates can 
 do more for the party of our choice by giving the people of this 
 city a good and efficient postal service than by controlling pri- 
 maries or dictating nominations." The New York custom- 
 house should be placed on the same footing with the New York 
 post office. But under the suspended officers the custom-house 
 
132 . LETTEES AND 1 
 
 would be one of the principal political agencies in the State 
 New York. To change this, they profess tp believe, would I 
 in the language of Mr. Cornell, in his response, "to surrend 
 their personal and political rights." 
 
 Convinced that the people of New York, and of the count 
 generally, wish the New York custom-house to be administen 
 solely with a view to the public interest, it is my purpose to ( 
 aU in my power to introduce into this great office the reforr 
 which the country desires. 
 
 With my information of the facts in the case, .and vnth 
 deep sense of the responsible obligation imposed upon me 1 
 the Constitution, to "take care that the laws be faithfully ex 
 cuted," I regard it as my plain duty to suspend the officers 
 question, and to make the nominations now before the Senai 
 in order that this important office may be honestly and efficient 
 administered. 
 
 R. B. HAYES. 
 
 Executive Mansion, January 31, 1879. 
 
LETTER 
 
 GENEEAl E. A. MEEEITT, OOLLECTOE OE CUSTOMS, 
 NEW TOEK CITY. 
 
 FEBRUARY 4, 1879. 
 
LETTER. 
 
 Executive Mansion, 
 
 Washington, Fehruary 4, 1879. 
 
 Dear General: I congratulate you on your confirmation 
 It is a great gratification to your firiends, very honorable to you 
 and will prove, I believe, of signal service to the country. 
 
 My desire is that your office shall be conducted on strictl; 
 business principles, and according to the rules which wer 
 adopted, on the recommendation of the Civil-Service Commis 
 sion, by the administration of General Grant. In making ap 
 pointments and removals of subordinates you should be perfect!; 
 independent of mere influence. Neither my recommendatioi 
 nor that of the Secretary of the Treasury, nor the recommen 
 dation of any member of Congress, or other influential person 
 should be specially regarded. Let appointments and removal 
 be made on business principles, and by fixed rules. Ther 
 must be, I assume, a few places the duties of which are confi 
 dential, and which should be filled by those whom you pei 
 sonally know to be trustworthy ; but restrict the area c 
 patronage to the narrowest possible limits. Let no man b 
 put out merely because he is a friend of the late collector, am 
 no man be put in merely because he is our friend. I am glai 
 you approve of the message sent to the Senate. I wish yo 
 to see that all that is expressed in it, and all that is impliei 
 in it, is faithfully carried out. 
 
 With the assurance of my entire confidence, 
 I remain, sincerely, 
 
 R. B. HAYES. 
 
 General E. A. Meeeitt, 
 
 Collector of Customs, New York. 
 
]M:Ess-A.aE 
 
 HOUSE OF REPRESENTATIVES, VETOING THE BILL ENTITLED "AN ACT TO 
 RESTRICT THE IMMIGRATION OF CHINESE TO THE UNITED STATES." 
 
 MARCH 1, 1879. 
 
MESSAGE. 
 
 To THE House of Repeesentatives: 
 
 After a very careful consideration of House bill No. 2423, 
 entitled "An act to restrict the immigration of Chinese to the 
 United States," I herewith return it to the House of Repre- 
 sentatives, in which it originated, with my objections to its 
 passage. 
 
 The bill,- as it was sent to the Senate from the House of 
 Representatives, was confined in its provisions to the object 
 namied in its title, which is that of "An act to restrict the 
 immigration of Chiijese to the United States." The only 
 means adopted to secure the proposed object was the limitation 
 on the number of Chinese passengers which might be brought 
 ,to this country by any one vessel to fifteen, and as this number 
 was not fixed in any proportion to the size or tonnage of the 
 vessel or by any consideration of the safety or the accommoda- 
 tion of these passengers, the simple purpose and effect of the 
 enactment were to repress this immigration to an extent falling 
 but little short of its absolute exclusion. 
 
 The bill, as amended in the Senate and now presented to 
 me, includes an independent and additional provision which 
 aims at, and in terms requires, the abrogation by this Grovern- 
 ment of articles 5 and 6 of the treaty with China, commonly 
 called the Burlingame treaty, through the action of the Execu- 
 tive enjoined by this provision of the act. 
 
 The Burlingame treaty, of which the ratifications were ex- 
 changed at Peking, November 23, 1869, recites as the occasion 
 and motive of its negotiation by the two Grovemments that 
 "since the conclusion of the treaty between the United States 
 of America and the Ta Tsing Empire (China) of the 18th of 
 June, 1858, circumstances have arisen showing the necessity 
 
40 LETTERS AND MESS 
 
 f additional articles thereto," and proceeds to an agreement 
 5 to said additional articles. These negotiations, therefore, end- 
 ig by the signature of the additional articles July 28, 1868, 
 ad for their object the completion of our treaty rights and 
 bligations toward the Government of China by the incorpora- 
 on of these new articles as, thenceforth, parts of the principal 
 ■eaty to which they are made supplemental. Upon the settled 
 lies of interpretation applicable to such supplemental negotia- 
 ons, the text of the principal treaty and of these "additional 
 'tides thereto" constitute one treaty, from the conclusion of 
 le new negotiations, in all parts of equal and concurrent force 
 id obligation between the two Grovemments, and to all intents 
 id purposes as if embraced in one instrument. 
 The principal treaty, of which the ratifications were exchanged 
 ugust 16, 1859, recites that "the United States of America 
 id the Ta Tsing Empire desiring to maintain firm, lasting, 
 id sincere friendship, have resolved to renew, in a manner, 
 ear and positive, by means of a treaty or general convention 
 !" peace, amity, and commerce, the niles of which shall in 
 Lture be mutually observed in the intercourse of their respective 
 )untries," and proceeds, in its thirty articles, to lay out a care- 
 l1 and comprehensive system for the commercial relations of 
 ir people with China. The main substance of all the pro- 
 sions of this treaty is to define and secure the rights of our 
 3ople in respect of access to, residence and protection in, 
 id trade with China. The actual provisions in our favor, in 
 lese respects, were framed to be, and have been found to be, 
 iequate and appropriate to the interests of our commerce, and 
 y the concluding article we receive the important guarantee, 
 that should at any time the Ta Tsing Empire grant to any 
 ition, or the merchants or citizens of any nation, any right, 
 rivilege, or favor connected either with navigation, commerce, 
 alitical or other intercourse which is not conferred by this 
 eaty, such right, privilege, and favor shall at once freely inure 
 
, LETTEES AND MESSAGES. 141 
 
 to the benefit of the United States, its public officers, merchants, 
 and citizens." Against this body of stipulations in our favor, 
 and this permanent- engagement of equality in respect of all 
 future concessions to foreign nations, the general promise ol 
 permanent peace and good offices on our part seems to be the 
 only equivalent. For this the first article undertakes as follows: 
 ■"There shall be, as there have always been, peace and friend- 
 ship between the United States of America and the Ta Tsing 
 Empire, and between their people respectively. They shall 
 not insult or oppress each other for any trifling cause, so as to 
 produce an estrangement between them; and if any other 
 nation should act unjustly or oppressively, the United States 
 will exert their good offices, on being informed of the case, to 
 bring about an amicable arrangement of the question, thus 
 showing their friendly feelings." 
 
 At the date of the negotiation of this treaty our Pacific pos- 
 sessions had attracted a considerable Chinese immigration, and 
 the advantages and the inconveniences felt or feared therefrom 
 had become more or less manifest, but they dictated no stipu- 
 lations on the subject to be incorporated in the treaty. The 
 year 1868 was marked by the striking event of a spontaneous 
 embassy from the Chinese Empire, headed by an American 
 -citizen, Anson Burlingame, who had rehnquished his diplomatic 
 representation of his own country in China to assume that oi 
 the Chinese Empire to the United States and the European 
 nations. By this time the facts of the Chinese immigration and 
 its nature and influences, present and prospective, had become 
 more noticeable, and were more observed by the population 
 immediately afiected and by this Government. The principal 
 feature of the BurUngame treaty was its attention to and its 
 treatment of the Chinese immigration and the Chinese as form- 
 ing, or as they should form, a part of our population. Up to 
 this time our uncovenantfed hospitality to immigration, our fear- 
 less liberality of citizenship, our equal and comprehensive jus- 
 
142 LETTERS AND MEf 
 
 Ace to all inhabitants, whether they abjured their forei| 
 aationality or not, our civil freedom and our religious toleratio 
 bad made all comers welcome, and under these protections tl 
 Chinese in considerable numbers had made their lodgment up( 
 3ur soil. 
 
 The Burlingame,treaty undertakes to deal with this situatio 
 md its fifth and sixth articles embrace its most important pr 
 nsions in this regard and the main stipulations in which tl 
 Chinese Government has secured an obligatory protection of i 
 subjects within our territory. They read as follows: 
 
 "Aeticle' V. The United States of America and the Er 
 peror of China cordially recognize the inherent and inalienab 
 right of man to change his home and allegiance, and also tl 
 mutual advantage of the free migration and emigration of the 
 citizens and subjects respectively from the one country'to tl 
 jther for purposes of curiosity, of trade, or as permanent res 
 ients. The high contracting parties, therefore, join in repr 
 bating any other than an entirely voluntary emigration for thei 
 purposes. . They consequently agree to pass laws making it 
 penal offence for a citizen of the United States or Chinese su' 
 jects to take Chinese subjects either to the United States or 
 my other foreign country, or for a Chinese subject or citizen 
 -Jae United States to take citizens of the United States to Chii 
 3r to any other foreign country without their free and voluntai 
 3onsent, respectively. 
 
 "Article VI. Citizens of the United States visiting or resi 
 ng in China shall enjoy the same privileges, immunities, i 
 exemptions, in respect to travel or residence, as may there 1 
 enjoyed by the citizens or subjects of the most favored natioi 
 md, reciprocally, Chinese subjects visiting or residing in tl 
 [Jnited States shall enjoy the same privileges, immunities, ai 
 exemptions, in respect to travel or residence, as may there 1 
 enjoyed by the citizens or subjects of the most favored natio 
 But nothing herein contained shall be held to confer natui'a] 
 lation upon citizens of the United States in China, nor upc 
 ;he subjects of China in the United States." 
 
 An examination of these two articles, in the light of the e: 
 )erience then influential in suggesting their "necessity," w 
 ihow that the fifth article was framed in hostility to wh 
 
LETTERS AND MESSAGES. 143 
 
 seemed the -principal mischief to be guarded against, to wit, 
 the introduction of Chinese laborers by methods which should 
 have the character of a forced and servile importation, and 
 not of a voluntary emigration of freemen seeking our shores 
 upon motives and in a manner consonant with the system of 
 our institutions and approved by the experience of the nation. 
 Unquestionably the adhesion of the Grovernment of China to 
 these liberal principles of freedom in emigration, with which 
 we were so familiar and with which we were so well satisfied, 
 was a great advance toward opening that empire to our civili- 
 zation and religion, and gave promise in the future of greater 
 and greater practical results in the diifusion throughout that 
 great population of our arts and industries, our manufactures, 
 our material improvements, and the sentiments of government 
 and religion, which seem to us so important to the welfare of 
 mankind. The first clause of this article secures this accept- 
 ance by China of the American doctrines of free migration to 
 and fro among the peoples and races of the. earth. 
 
 The second clause, however, in its reprobation of "any other 
 than entirely voluntary emigration" by both the high contract- 
 ing parties, and in the reciprocal obligations whereby we se- 
 cured the solemn and unqualified engagement on the part of 
 the Grpvernment of China "to pass laws making it a penal 
 ofience for a citizen of the United States or Chinese subjects 
 to take Chinese subjects either to the United States or to any 
 other foreign country without their free and voluntary consent," 
 constitutes the great force and value of this article. Its impor- 
 tance, both in principle and in its practical service toward our 
 protection against servile importation in the guise of immigra- 
 tion, cannot be over-estimated. It commits the Chinese Gov- 
 ernment to active and efficient measures to suppress this in- 
 iquitous system where those measures are most necessary and 
 can be most effectual. It gives to this Government the footing 
 of a treaty right to such measures and the means and opportu- 
 
44 LETTEES AND MESS 
 
 ity of insisting upon their adoption, and of complaint and 
 esentment at their neglect. The fifth article, therefore, if it 
 dl short of what the pressure of the later experience of our 
 'acific States may urge upon the attention of this Grovemment 
 s essential to the public welfare seems to be in the right 
 irection, and to contain important advantages which, once 
 elinquished, cannot be easily recovered. 
 
 The second topic which interested the two Grovemments 
 nder the actual condition of things which prompted the Bur- 
 ngame treaty was adequate protection under the solemn arid 
 efinite guarantees of a treaty of the Chinese already in this 
 ountry and those who should seek our shores. This was the 
 bject and forms the subject of the sixth article, by whose re- 
 iprocal engagement the citizens and subjects of the two Grov- 
 rnments, respectively, visiting or residing in the country of the 
 ther are secured the same privileges, immunities, or exemp- 
 ons there enjoyed by the citizens or subjects of the most 
 ivored nations. The treaty of 1858, to which these articles 
 re made supplemental, provides for a great amount of privilege 
 nd protection, both of person and property, to American citi- 
 ens in China ; but it is upon this sixth article that the main body 
 f the treaty rights and securities of the Chinese already in this 
 ountry depends. Its abrogation, were the rest of the treaty 
 ;ft in force, would leave them to such treatment as we should 
 oluntarily accord them by our laws and customs. Any treaty 
 bligation would be wanting to restrain our liberty of action 
 3ward them, or to measure or sustain the right of the Chinese 
 irovernment to complaint or redress in their behalf 
 
 The lapse of ten years since the negotiation of the Burlin- 
 ame treaty has exhibited to the notice of the Chinese Gov- 
 mment, as well as to our own people, the working of this 
 xperiment of immigration in great numbers of Chinese laborers 
 ) this country, and their maintenance here of all the traits of 
 ice, religion, manners and customs, habitations, mode of life, 
 
LETTERS AND MESSA&ES.- 14i 
 
 and segregation here, and the keeping up of the ties of thei 
 ,original home, which stamp them as strangers and sojourners 
 and not as incorporated elements of our national life and growth 
 This experience may naturally suggest the reconsideration " o 
 the subject, as dealt with by the Burlingame treaty, and ma^ 
 properly become the occasion of more direct and circumspec 
 recognition, in renewed negotiations, of the difficulties sur 
 rounding this political and social problem. It may well b( 
 that, to the apprehension of the Chinese Government no les 
 than our own the simple provisions of the Burlingame treat; 
 may need to be replaced by more careful methods, securing thi 
 Chinese and ourselves against a larger and more rapid infusioi 
 of this foreign race than our system of industry and society cai 
 take up and assimilate with ease and safety. This ancient Grov 
 emment, ruling a polite and sensitive people, distinguished b; 
 a high sense of national pride, may properly desire an adjust 
 ment of their relations with us, which would in all things con 
 firm, and in no degree endanger, the permanent peace anc 
 amity and 'the growing commerce and prosperity, which it ha 
 been the object and the effect of our existing treaties to cherisl 
 and perpetuate. 
 
 I regard the very grave discontents' of the people of th- 
 Pacific States with the present working of the Chinese immi 
 gration, and their still graver apprehensions therefrom in th- 
 fixture, as deserving the most serious attention of the people o 
 the whole country, and a solicitous interest on the part of Con 
 gress and the Executive. If this were not my own judgment 
 the passage of this bill by both Houses of Congress wouL 
 impress upon me the seriousness of the situation, when a ma 
 jority of the representatives of the people of the whole countr; 
 had thought it to justify so serious a measure of relief. 
 
 The authority of Congress to terminate a- treaty with a for 
 eign power by expressing the will of the nation no longer t 
 adhere to it, is as free from controversy under our Constitutioi 
 
.46 LETTERS AND MESI 
 
 ,s is the further proposition that the power of making new 
 reaties or modifying existing treaties is not lodged by the Con- 
 titution in Congress, but in the President, by and with the 
 dvice and consent of the Senate, as shown by the concurrence 
 f two-thirds of that body. A denunciation of a treaty by any 
 xovemment is, confessedly, justifiable only upon some reason 
 loth of the highest justice and of the highest necessity. The 
 ction of Congress in the matter of the French treaties, in 1879, 
 f it be regarded as an abrogation by this nation of a subsisting 
 reaty, strongly illustrates the character and degree of justifica- 
 ion which was then thought suitable to such a proceeding. 
 The preamble of the act recites that "the treaties concluded 
 •etween the United States and France have been repeatedly 
 iolated on the part of the French Government, and the just 
 laims of the United States for reparation of the injuries so 
 ommitted have been refused, and their attempts to negotiate 
 ,n amicable adjustment of all complaints between the two 
 lations have been repelled with indignity;" and that "under 
 uthority of the French Government there is yet pursued against 
 he United States a system of predaitory violence, infracting 
 he said treaties, and hostile to the rights of a free and inde- 
 )endent nation." 
 
 The enactment, as a logical consequence of these recited 
 acts, declares that the United States are of right freed and 
 ixonerated from the stipulations of the treaties and of the con- 
 ular convention heretofore concluded between the United States 
 ,nd France, and that the same shall not henceforth be regarded 
 ,s legally obligatory on the Government or citizens of the United 
 states." 
 
 The history of the Government shows no other instance of an 
 ibrogation of a treaty by Congress. 
 
 Instances have sometimes occurred where the ordinary legis- 
 ation of Congress has, by its conflict with some treaty obliga- 
 ion of the Government toward a foreign power, taken effect as 
 
LETTERS AND MESSAGES. , U 
 
 an infraction of the treaty, and been judicially declared to 1 
 ' operative to that result. But neither such legislation nor su( 
 judicial sanction of the same has been regarded as an abrog 
 tion, even for the moment, of the treaty. " On the Contrary, tl 
 treaty in such case still subsists between the Governments, ai 
 v^the casual infraction is repaired by appropriate satisfaction 
 maintenance of the treaty. 
 
 The bill before me does not enjoin upon the President t] 
 abrogation of the entire Burlingame treaty, much less of tl 
 principal treaty of x^^hich it is made the supplement. As tl 
 power of modifying an existing treaty, whether by adding 
 striking out provisions, is a part of the treaty-making pow 
 under the Constitution, its exercise is not competent for Co 
 gress, nor would the assent of China to this partial abrogatii 
 of the treaty make the action of Congress, in thus procurii 
 an amendment of a treaty, a competent exercise of authori 
 under the Constitution. The importance, however, of tl 
 special consideration seems superseded by the principle thai 
 denunciation of a part of a treaty, not made by the terms 
 the treaty itself separable from the rest, is a denunciation of t' 
 whole treaty. As the other high contracting party has enter 
 into no treaty obligations except such as include the part d 
 nounced, the denunciation by one party of the part necessari 
 liberates the other party from the whole treaty. 
 
 I am convinced that, whatever urgency might in any quart 
 or by any interest be supposed to require an instant suppre 
 sion of further emigration from China, no reasons can requi 
 the immediate withdrawal of our treaty protection of the CI 
 nese already in this country, and no circumstances can tolera 
 an exposure of our citizens in China, merchants or missionarie 
 to the consequences of so sudden an abrogation of their trea 
 protections. Fortunately, however, the actual recession in t. 
 flow of the emigration from China to the Pacific coast, show^n 1 
 trustworthy Statistics, relieves us from any apprehension th 
 
1:8 LETTERS • AND MESS 
 
 e treatment of the subject in the proper course of diplomatic 
 jgotiations will introduce any new features of discontent or 
 sturbance among the communities directly affected. Were 
 ch delay fraught with more inconveniences than have ever 
 sen suggested by the interests most earnest in promoting this 
 gislation, I cannot but regard the summary disturbance of our 
 isting treaties with China as greatly more inconvenient to 
 uch wider and more permanent interests of the country. 
 I have no occasion to insist upon the more general consider- 
 ions of interest and. duty which sacredly 'regard the faith 
 the nation iii whatever form of obligation it may have been 
 ven. These sentiments animate the deliberations of Congress 
 d pervade the minds of our whole people. Our history 
 pes little occasion for any reproach in this regard, and in ask- 
 g the renewed attention of Congress to this biU, I am per- 
 aded that their action will maintain the public duty and the 
 iblic honor. 
 
 R. B. HAYES. 
 Executive Mansion, 
 
 March 1, 1879. 
 
LETTERS AND MESSAGES. U 
 
 After mature consideration of- House bill No. 2423, entitle 
 "An act to restrict the immigration of Chinese to the Unit( 
 States," I am constrained by my convictions of duty to retu: 
 it, with my objections to its passage, to the House of Repr 
 sentatives, in which it originated. 
 
 The seventh section of the bill is as follows : 
 
 "That this act shall take effect from and after the 1st di 
 of July, 1879; and the President of the United States sha 
 immediately on the approval of this act, give notice to tl 
 Grovernment of China of the abrogation of the articles 5 and 
 of the additional articles of the treaty of June 18, 1858, b 
 tween the United States and China, proclaimed February 
 1870, commonly called the Burlingame treaty." 
 
 The following are the articles of the treaty between tl 
 United States and China named in the foregoing section of tl 
 bill, and which, by its approval, would be immediately abr 
 gated, viz: 
 
 "Article V. The United States of America and the Er 
 peror of China cordially recognize the inherent and inalienab 
 right of man to change his home and allegiance, and also tl 
 mutual advantage of the free migration and emigration of the 
 citizens and subjects, respectively, from the one country to tl 
 other, for purposes of curiosity, of trade, or as permanent res 
 dents. The high contracting parties, therefore, join in repr 
 bating any other than an entirely voluntary emigration for the 
 purposes. They consequently agree to pass laws making it 
 penal offence for a citizen of the United States or Chinese su^ 
 jects to take Chinese subjects either to the United States or 
 any other foreign country, or for a Chinese subject or citizen 
 the United States to take citizens of the United States to Chii 
 or to any other foreign country without their free and voluntai 
 consent, respectively. 
 
 "Article VI. Citizens of the United States visiting or resii 
 ing in China shall enjoy the same privileges, immunities, i 
 exemptions, in respect to travel or residence, as may there \ 
 enjoyed by the citizens or subjects of the most favored natioi 
 
1£)U LETTERS AND H 
 
 and, reciprocally, Chinese subjects visiting or residing in tic 
 United States shall enjoy the same privileges, immunities, an 
 exemptions, in respect to travel or residence, as may there _ b 
 enjoyed by the citizens or subjects of the most favored natioi 
 But nothing herein contained shall be held to confer natural 
 zation upon citizens of the United States in China, nor upo 
 the subjects of China in the United States." 
 
 The Burlingame treaty of 1868, which contains the foregoir 
 articles, vs^as, as its title shows, an addition to the treaty < 
 1858, commonly known as the Read treaty, and, together wit 
 that treaty, establishes and regulates the present relations b( 
 tween this country and China. These treaty relations wei 
 not formed on the solicitation of that empire. They are of oi 
 seeking, and are the work of our own statesmen. Mr. Bu: 
 lingame was sent to China as minister of the United States i 
 1861. In 1867 he announced his purpose to resign his plac 
 as minister of the United States, in order to become the mil 
 ister of China to the United States; and in 1868 he came 1 
 Washington as the representative of China, one of a commissic 
 of which he was the head^ and over which he had control. ] 
 June, 1868, he,' with the then Secretary of State, Mr. Sewan 
 negotiated the present treaty between the United States ar 
 China. It was ratified by the Senate with the almost univers 
 approval of the people of the United States, and, having bef 
 sent to Ciina, was afterwards ratified by that empire. 
 
 Under the guarantees of protection afforded by this treat 
 subjects of China, to the number of probably not less than oi 
 hundred thousand, are now domiciled in the United State 
 In like manner American citizens, in comparatively mu( 
 smaller numbers, however, engaged as missionaries, merchant 
 and mechanics, are now in China protected by the provisioi 
 of this treaty. Commercial and manufacturing enterprise 
 already of considerable magnitude and rapidly increasing 
 importance, are dependent on the continuance of favorab 
 treaty relations between the United States and China. 
 
LETTERS AND MESSAGES. 1 
 
 these relations are now to he terminated hy the abrogation 
 essential parts of the existing treaty by the sole action of t 
 United States, on what ground is such action to be take 
 The bill under consideration contains no recital of the cans 
 which are believed by its supporters to justify the abrogation 
 solemn treaty stipulations. Every important fact in regard 
 the object of the bill which is now urged in its support existc 
 and was perfectly well known, in 1868, when the treaty vs 
 ratified by the United' States. The immigration in questi 
 had continued for twenty years, and its character and tenden 
 were fully understood, and had been considered and discuss 
 by legislative bodies and by the people. No grave and sudd 
 change of conditions has occurred. No unforeseen emergen 
 exists. The case stands almost precisely as it has stood : 
 nearly a quarter of a century. Let it be admitted that t 
 dangers apprehended from a longer continuance of the Chint 
 immigration require consideration and action; they surely 
 not require a departure from the well-settled principles a 
 usages of nations in their intercourse with each other, and 
 regard to the observance of treaties. We should deal w 
 China in this matter precisely as we would expect and w 
 other nations to deal with us under similar circumstanc 
 The peremptory abrogation of a part of this treaty withe 
 negotiation with China, and without her consent, is the ab 
 gation of the whole. The abrogation of a treaty by one of 1 
 contracting parties is justifiable only upon reasons both of 1 
 highest justice and of the highest necessity. To do this wr 
 out notice; without fixing a day in advance when the act sli 
 take effect; without aiFording an opportunity to China to 
 heard ; and without the happening of any grave or unforese 
 emergency, will be regarded by the enlightened judgment 
 mankind as the denial of the obligation of the' national faith. 
 Entertaining this view of the bill before me, I am compel. 
 
XOZ LETTERS AND ] 
 
 to withhold from it my signature, and to return it to the Hou 
 of Representatives, in which it originated, for that further co 
 sideration which the Constitution requires. 
 
 E., B. HAYES. 
 
 Executive Mansion,* 
 
 March 1, 1879. 
 

 
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