|
It may be urged in opposition to these suggestions that the number of works of internal improvement which are justly entitled to governmental aid is so great as to render impracticable separate appropriation bills therefor, or even for such comparatively limited number as make disposition of large sums of money. This objection may be well founded, and, whether it be or not, the advantages which would be likely to ensue from the adoption of the course I have recommended may perhaps be more effectually attained by another, which I respectfully submit to Congress as an alternative proposition.
It is provided by the constitutions of fourteen of our States that the executive may disapprove any item or items of a bill appropriating money, whereupon the part of the bill approved shall be law and the part disapproved shall fail to become law unless repassed according to the provisions prescribed, for the passage of bills over the veto of the executive. The States wherein some such provision as the foregoing is a part of the fundamental law are Alabama, California, Colorado, Florida, Georgia, Louisiana, Minnesota, Missouri, Nebraska, New Jersey, New York, Pennsylvania, Texas, and West Virginia. I commend to your careful consideration the question whether an amendment of the Federal Constitution in the particular indicated would not afford the best remedy for what is often a grave embarrassment both to members of Congress and to the Executive, and is sometimes a serious public mischief.
The report of the Secretary of the Navy states the movements of the various squadrons during the year, in home and foreign waters, where our officers and seamen, with such ships as we possess, have continued to illustrate the high character and excellent discipline of the naval organization.
On the 21st of December, 1881, information was received that the exploring steamer Jeannette had been crushed and abandoned in the Arctic Ocean. The officers and crew, after a journey over the ice, embarked in three boats for the coast of Siberia. One of the parties, under the command of Chief Engineer George W. Melville, reached the land, and, falling in with the natives, was saved. Another, under Lieutenant-Commander De Long, landed in a barren region near the mouth of the Lena River. After six weeks had elapsed all but two of the number had died from fatigue and starvation. No tidings have been received from the party in the third boat, under the command of Lieutenant Chipp, but a long and fruitless investigation leaves little doubt that all its members perished at sea. As a slight tribute to their heroism I give in this communication the names of the gallant men who sacrificed their lives on this expedition: Lieutenant-Commander George W. De Long, Surgeon James M. Ambler, Jerome J. Collins, Hans Halmer Erichsen, Heinrich H. Kaacke, George W. Boyd, Walter Lee, Adolph Dressier, Carl A. Goertz, Nelse Iverson, the cook Ah Sam, and the Indian Alexy. The officers and men in the missing boat were Lieutenant Charles W. Chipp, commanding; William Dunbar, Alfred Sweetman, Walter Sharvell, Albert C. Kuehne, Edward Star, Henry D. Warren, and Peter E. Johnson.
Lieutenant Giles B. Harber and Master William H. Scheutze are now, bringing home the remains of Lieutenant De Long and his comrades, in pursuance of the directions of Congress.
The Rodgers, fitted out for the relief of the Jeannette in accordance with the act of Congress of March 3, 1881, sailed from San Francisco June 16 under the command of Lieutenant Robert M. Berry. On November 30 she was accidentally destroyed by fire while in winter quarters in St. Lawrence Bay, but the officers and crew succeeded in escaping to the shore. Lieutenant Berry and one of his officers, after making a search for the Jeannette along the coast of Siberia, fell in with Chief Engineer Melville's party and returned home by way of Europe. The other officers and the crew of the Rodgers were brought from St. Lawrence Bay by the whaling steamer North Star. Master Charles F. Putnam, who had been placed in charge of a depot of supplies at Cape Serdze, returning to his post from St. Lawrence Bay across the ice in a blinding snowstorm, was carried out to sea and lost, notwithstanding all efforts to rescue him.
It appears by the Secretary's report that the available naval force of the United States consists of 37 cruisers, 14 single-turreted monitors, built during the rebellion, a large number of smoothbore guns and Parrott rifles, and 87 rifled cannon.
The cruising vessels should be gradually replaced by iron or steel ships, the monitors by modern armored vessels, and the armament by high-power rifled guns.
The reconstruction of our Navy, which was recommended in my last message, was begun by Congress authorizing, in its recent act, the construction of two large unarmored steel vessels of the character recommended by the late Naval Advisory Board, and subject to the final approval of a new advisory board to be organized as provided by that act. I call your attention to the recommendation of the Secretary and the board that authority be given to construct two more cruisers of smaller dimensions and one fleet dispatch vessel, and that appropriations be made for high-power rifled cannon for the torpedo service and for other harbor defenses.
Pending the consideration by Congress of the policy to be hereafter adopted in conducting the eight large navy-yards and their expensive establishments, the Secretary advocates the reduction of expenditures therefor to the lowest possible amounts.
For the purpose of affording the officers and seamen of the Navy opportunities for exercise and discipline in their profession, under appropriate control and direction, the Secretary advises that the Light-House Service and Coast Survey be transferred, as now organized, from the Treasury to the Navy Department; and he also suggests, for the reasons which he assigns, that a similar transfer may wisely be made of the cruising revenue vessels.
The Secretary forcibly depicts the intimate connection and interdependence of the Navy and the commercial marine, and invites attention to the continued decadence of the latter and the corresponding transfer of our growing commerce to foreign bottoms.
This subject is one of the utmost importance to the national welfare. Methods of reviving American shipbuilding and of restoring the United States flag in the ocean carrying trade should receive the immediate attention of Congress. We have mechanical skill and abundant material for the manufacture of modern iron steamships in fair competition with our commercial rivals. Our disadvantage in building ships is the greater cost of labor, and in sailing them, higher taxes, and greater interest on capital, while the ocean highways are already monopolized by our formidable competitors. These obstacles should in some way be overcome, and for our rapid communication with foreign lands we should not continue to depend wholly upon vessels built in the yards of other countries and sailing under foreign flags. With no United States steamers on the principal ocean lines or in any foreign ports, our facilities for extending our commerce are greatly restricted, while the nations which build and sail the ships and carry the mails and passengers obtain thereby conspicuous advantages in increasing their trade.
The report of the Postmaster-General gives evidence of the satisfactory condition of that Department and contains many valuable data and accompanying suggestions which can not fail to be of interest.
The information which it affords that the receipts for the fiscal year have exceeded the expenditures must be very gratifying to Congress and to the people of the country.
As matters which may fairly claim particular attention, I refer you to his observations in reference to the advisability of changing the present basis for fixing salaries and allowances, of extending the money-order system, and of enlarging the functions of the postal establishment so as to put under its control the telegraph system of the country, though from this last and most important recommendation I must withhold my concurrence.
At the last session of Congress several bills were introduced into the House of Representatives for the reduction of letter postage to the rate of 2 cents per half ounce.
I have given much study and reflection to this subject, and am thoroughly persuaded that such a reduction would be for the best interests of the public.
It has been the policy of the Government from its foundation to defray as far as possible the expenses of carrying the mails by a direct tax in the form of postage. It has never been claimed, however, that this service ought to be productive of a net revenue.
As has been stated already, the report of the Postmaster-General shows that there is now a very considerable surplus in his Department and that henceforth the receipts are likely to increase at a much greater ratio than the necessary expenditures. Unless some change is made in the existing laws, the profits of the postal service will in a very few years swell the revenues of the Government many millions of dollars. The time seems auspicious, therefore, for some reduction in the rates of postage. In what shall that reduction consist?
A review of the legislation which has been had upon this subject during the last thirty years discloses that domestic letters constitute the only class of mail matter which has never been favored by a substantial reduction of rates. I am convinced that the burden of maintaining the service falls most unequally upon that class, and that more than any other it is entitled to present relief.
That such relief may be extended without detriment to other public interests will be discovered upon reviewing the results of former reductions.
Immediately prior to the act of 1845 the postage upon a letter composed of a single sheet was as follows:
If conveyed— Cents.
30 miles or less 6 Between 30 and 80 miles 10 Between 80 and 150 miles 12-1/2 Between 150 and 400 miles 18-3/4 Over 400 miles 25
By the act of 1845 the postage upon a single letter conveyed for any distance under 300 miles was fixed at 5 cents and for any greater distance at 10 cents.
By the act of 1851 it was provided that a single letter, if prepaid, should be carried any distance not exceeding 3,000 miles for 3 cents and any greater distance for 6 cents.
It will be noticed that both of these reductions were of a radical character and relatively quite as important as that which is now proposed.
In each case there ensued a temporary loss of revenue, but a sudden and large influx of business, which substantially repaired that loss within three years.
Unless the experience of past legislation in this country and elsewhere goes for naught, it may be safely predicted that the stimulus of 33-1/3 per cent reduction in the tax for carriage would at once increase the number of letters consigned to the mails.
The advantages of secrecy would lead to a very general substitution of sealed packets for postal cards and open circulars, and in divers other ways the volume of first-class matter would be enormously augmented. Such increase amounted in England, in the first year after the adoption of penny postage, to more than 125 per cent.
As a result of careful estimates, the details of which can not be here set out, I have become convinced that the deficiency for the first year after the proposed reduction would not exceed 7 per cent of the expenditures, or $3,000,000, while the deficiency after the reduction of 1845 was more than 14 per cent, and after that of 1851 was 27 per cent.
Another interesting comparison is afforded by statistics furnished me by the Post-Office Department.
The act of 1845 was passed in face of the fact that there existed a deficiency of more than $30,000. That of 1851 was encouraged by the slight surplus of $132,000. The excess of revenue in the next fiscal year is likely to be $3,500,000.
If Congress should approve these suggestions, it may be deemed desirable to supply to some extent the deficiency which must for a time result by increasing the charge for carrying merchandise, which is now only 16 cents per pound; but even without such an increase I am confident that the receipts under the diminished rates would equal the expenditures after the lapse of three or four years.
The report of the Department of Justice brings anew to your notice the necessity of enlarging the present system of Federal jurisprudence so as effectually to answer the requirements of the ever-increasing litigation with which it is called upon to deal.
The Attorney-General renews the suggestions of his predecessor that in the interests of justice better provision than the existing laws afford should be made in certain judicial districts for fixing the fees of witnesses and jurors.
In my message of December last I referred to pending criminal proceedings growing out of alleged frauds in what is known as the star-route service of the Post-Office Department, and advised you that I had enjoined upon the Attorney-General and associate counsel, to whom the interests of the Government were intrusted, the duty of prosecuting with the utmost vigor of the law all persons who might be found chargeable with those offenses. A trial of one of these cases has since occurred. It occupied for many weeks the attention of the supreme court of this District and was conducted with great zeal and ability. It resulted in a disagreement of the jury, but the cause has been again placed upon the calendar and will shortly be retried. If any guilty persons shall finally escape punishment for their offenses, it will not be for lack of diligent and earnest efforts on the part of the prosecution.
I trust that some agreement may be reached which will speedily enable Congress, with the concurrence of the Executive, to afford the commercial community the benefits of a national bankrupt law.
The report of the Secretary of the Interior, with its accompanying documents, presents a full statement of the varied operations of that Department. In respect to Indian affairs nothing has occurred which has changed or seriously modified the views to which I devoted much space in a former communication to Congress. I renew the recommendations therein contained as to extending to the Indian the protection of the law, allotting land in severalty to such as desire it, and making suitable provision for the education of youth. Such provision, as the Secretary forcibly maintains, will prove unavailing unless it is broad enough to include all those who are able and willing to make use of it, and should not solely relate to intellectual training, but also to instruction in such manual labor and simple industrial arts as can be made practically available.
Among other important subjects which are included within the Secretary's report, and which will doubtless furnish occasion for Congressional action, may be mentioned the neglect of the railroad companies to which large grants of land were made by the acts of 1862 and 1864 to take title thereto, and their consequent inequitable exemption from local taxation.
No survey of our material condition can fail to suggest inquiries as to the moral and intellectual progress of the people.
The census returns disclose an alarming state of illiteracy in certain portions of the country, where the provision for schools is grossly inadequate. It is a momentous question for the decision of Congress whether immediate and substantial aid should not be extended by the General Government for supplementing the efforts of private beneficence and of State and Territorial legislation in behalf of education.
The regulation of interstate commerce has already been the subject of your deliberations. One of the incidents of the marvelous extension of the railway system of the country has been the adoption of such measures by the corporations which own or control the roads as have tended to impair the advantages of healthful competition and to make hurtful discriminations in the adjustment of freightage.
These inequalities have been corrected in several of the States by appropriate legislation, the effect of which is necessarily restricted to the limits of their own territory.
So far as such mischiefs affect commerce between the States or between any one of the States and a foreign country, they are subjects of national concern, and Congress alone can afford relief.
The results which have thus far attended the enforcement of the recent statute for the suppression of polygamy in the Territories are reported by the Secretary of the Interior. It is not probable that any additional legislation in this regard will be deemed desirable until the effect of existing laws shall be more closely observed and studied.
I congratulate you that the commissioners under whose supervision those laws have been put in operation are encouraged to believe that the evil at which they are aimed may be suppressed without resort to such radical measures as in some quarters have been thought indispensable for success.
The close relation of the General Government to the Territories preparing to be great States may well engage your special attention. It is there that the Indian disturbances mainly occur and that polygamy has found room for its growth. I can not doubt that a careful survey of Territorial legislation would be of the highest utility. Life and property would become more secure. The liability of outbreaks between Indians and whites would be lessened. The public domain would be more securely guarded and better progress be made in the instruction of the young.
Alaska is still without any form of civil government. If means were provided for the education of its people and for the protection of their lives and property, the immense resources of the region would invite permanent settlements and open new fields for industry and enterprise.
The report of the Commissioner of Agriculture presents an account of the labors of that Department during the past year and includes information of much interest to the general public.
The condition of the forests of the country and the wasteful manner in which their destruction is taking place give cause for serious apprehension. Their action in protecting the earth's surface, in modifying the extremes of climate, and in regulating and sustaining the flow of springs and streams is now well understood, and their importance in relation to the growth and prosperity of the country can not be safely disregarded. They are fast disappearing before destructive fires and the legitimate requirements of our increasing population, and their total extinction can not be long delayed unless better methods than now prevail shall be adopted for their protection and cultivation. The attention of Congress is invited to the necessity of additional legislation to secure the preservation of the valuable forests still remaining on the public domain, especially in the extreme Western States and Territories, where the necessity for their preservation is greater than in less mountainous regions, and where the prevailing dryness of the climate renders their restoration, if they are once destroyed, well-nigh impossible.
The communication which I made to Congress at its first session, in December last, contained a somewhat full statement of my sentiments in relation to the principles and rules which ought to govern appointments to public service.
Referring to the various plans which had theretofore been the subject of discussion in the National Legislature (plans which in the main were modeled upon the system which obtains in Great Britain, but which lacked certain of the prominent features whereby that system is distinguished), I felt bound to intimate my doubts whether they, or any of them, would afford adequate remedy for the evils which they aimed to correct.
I declared, nevertheless, that if the proposed measures should prove acceptable to Congress they would receive the unhesitating support of the Executive.
Since these suggestions were submitted for your consideration there has been no legislation upon the subject to which they relate, but there has meanwhile been an increase in the public interest in that subject, and the people of the country, apparently without distinction of party, have in various ways and upon frequent occasions given expression to their earnest wish for prompt and definite action. In my judgment such action should no longer be postponed.
I may add that my own sense of its pressing importance has been quickened by observation of a practical phase of the matter, to which attention has more than once been called by my predecessors.
The civil list now comprises about 100,000 persons, far the larger part of whom must, under the terms of the Constitution, be selected by the President either directly or through his own appointees.
In the early years of the administration of the Government the personal direction of appointments to the civil service may not have been an irksome task for the Executive, but now that the burden has increased fully a hundredfold it has become greater than he ought to bear, and it necessarily diverts his time and attention from the proper discharge of other duties no less delicate and responsible, and which in the very nature of things can not be delegated to other hands.
In the judgment of not a few who have given study and reflection to this matter, the nation has outgrown the provisions which the Constitution has established for filling the minor offices in the public service.
But whatever may be thought of the wisdom or expediency of changing the fundamental law in this regard, it is certain that much relief may be afforded, not only to the President and to the heads of the Departments, but to Senators and Representatives in Congress, by discreet legislation. They would be protected in a great measure by the bill now pending before the Senate, or by any other which should embody its important features, from the pressure of personal importunity and from the labor of examining conflicting claims and pretensions of candidates.
I trust that before the close of the present session some decisive action may be taken for the correction of the evils which inhere in the present methods of appointment, and I assure you of my hearty cooperation in any measures which are likely to conduce to that end.
As to the most appropriate term and tenure of the official life of the subordinate employees of the Government, it seems to be generally agreed that, whatever their extent or character, the one should be definite and the other stable, and that neither should be regulated by zeal in the service of party or fidelity to the fortunes of an individual.
It matters little to the people at large what competent person is at the head of this department or of that bureau if they feel assured that the removal of one and the accession of another will not involve the retirement of honest and faithful subordinates whose duties are purely administrative and have no legitimate connection with the triumph of any political principles or the success of any political party or faction. It is to this latter class of officers that the Senate bill, to which I have already referred, exclusively applies.
While neither that bill nor any other prominent scheme for improving the civil service concerns the higher grade of officials, who are appointed by the President and confirmed by the Senate, I feel bound to correct a prevalent misapprehension as to the frequency with which the present Executive has displaced the incumbent of an office and appointed another in his stead.
It has been repeatedly alleged that he has in this particular signally departed from the course which has been pursued under recent Administrations of the Government. The facts are as follows:
The whole number of Executive appointments during the four years immediately preceding Mr. Garfield's accession to the Presidency was 2,696. Of this number 244, or 9 per cent, involved the removal of previous incumbents.
The ratio of removals to the whole number of appointments was much the same during each of those four years.
In the first year, with 790 appointments, there were 74 removals, or 9.3 per cent; in the second, with 917 appointments, there were 85 removals, or 8.5 per cent; in the third, with 480 appointments, there were 48 removals, or 10 per cent; in the fourth, with 429 appointments, there were 37 removals, or 8.6 per cent. In the four months of President Garfield's Administration there were 390 appointments and 89 removals, or 22.7 per cent. Precisely the same number of removals (89) has taken place in the fourteen months which have since elapsed, but they constitute only 7.8 per cent of the whole number of appointments (1,118) within that period and less than 2.6 of the entire list of officials (3,459), exclusive of the Army and Navy, which is filled by Presidential appointment.
I declare my approval of such legislation as may be found necessary for supplementing the existing provisions of law in relation to political assessments.
In July last I authorized a public announcement that employees of the Government should regard themselves as at liberty to exercise their pleasure in making or refusing to make political contributions, and that their action in that regard would in no manner affect their official status.
In this announcement I acted upon the view, which I had always maintained and still maintain, that a public officer should be as absolutely free as any other citizen to give or to withhold a contribution for the aid of the political party of his choice. It has, however, been urged, and doubtless not without foundation in fact, that by solicitation of official superiors and by other modes such contributions have at times been obtained from persons whose only motive for giving has been the fear of what might befall them if they refused. It goes without saying that such contributions are not voluntary, and in my judgment their collection should be prohibited by law. A bill which will effectually suppress them will receive my cordial approval.
I hope that, however numerous and urgent may be the demands upon your attention, the interests of this District will not be forgotten.
The denial to its residents of the great right of suffrage in all its relations to national, State, and municipal action imposes upon Congress the duty of affording them the best administration which its wisdom can devise.
The report of the District Commissioners indicates certain measures whose adoption would seem to be very desirable. I instance in particular those which relate to arrears of taxes, to steam railroads, and to assessments of real property.
Among the questions which have been the topic of recent debate in the halls of Congress none are of greater gravity than those relating to the ascertainment of the vote for Presidential electors and the intendment of the Constitution in its provisions for devolving Executive functions upon the Vice-President when the President suffers from inability to discharge the powers and duties of his office.
I trust that no embarrassments may result from a failure to determine these questions before another national election.
The closing year has been replete with blessings, for which we owe to the Giver of All Good our reverent acknowledgment. For the uninterrupted harmony of our foreign relations, for the decay of sectional animosities, for the exuberance of our harvests and the triumphs of our mining and manufacturing industries, for the prevalence of health, the spread of intelligence, and the conservation of the public credit, for the growth of the country in all the elements of national greatness—for these and countless other blessings we should rejoice and be glad. I trust that under the inspiration of this great prosperity our counsels may be harmonious, and that the dictates of prudence, patriotism, justice, and economy may lead to the adoption of measures in which the Congress and the Executive may heartily unite.
CHESTER A. ARTHUR.
SPECIAL MESSAGES.
EXECUTIVE MANSION, December 6, 1882.
To the Senate and House of Representatives:
I transmit herewith a communication from the Secretary of War, dated the 4th instant, and its accompanying papers, in which it is recommended that section 1216, Revised Statutes, be so amended as to include in its provisions the enlisted men of the Army, and that section 1285, Revised Statutes, be modified so as to read:
A certificate of merit granted to an enlisted man for distinguished service shall entitle him thereafter to additional pay, at the rate of $2 per month, while he is in the military service, although such service may not be continuous.
CHESTER A. ARTHUR.
EXECUTIVE MANSION, December 6, 1882.
To the Senate and House of Representatives:
I transmit herewith a communication from the Secretary of War, dated the 4th instant, setting forth certain facts respecting the title to the peninsula of Presque Isle, at Erie, Pa., and recommending that the subject be presented to Congress with the view of legislation by that body modifying the act of May 27, 1882, entitled "An act to authorize the Secretary of War to accept the peninsula in Lake Erie opposite the harbor of Erie, in the State of Pennsylvania" (17 U.S. Statutes at Large, p. 162), so as to authorize the Secretary of War to accept title to the said peninsula, proffered by the marine hospital of Pennsylvania pursuant to an act of the legislature of that State approved by the governor May 11, 1871.
CHESTER A. ARTHUR.
EXECUTIVE MANSION, December 6, 1882.
To the Senate and House of Representatives:
I transmit herewith, for the consideration of Congress, a communication from the Secretary of War, inclosing one from the commanding general Department of the Missouri, indorsed by the division commander, urging the advisability of prompt action in the matter of perfecting the title to the site of Fort Bliss, Tex.
Accompanying also is a copy of Senate Executive Document No. 96, Forty-seventh Congress, first session, which presents fully the facts in the case, as well as the character of the legislation necessary to secure to the United States proper title to the land in question.
The Secretary of War expresses his concurrence in the views of the military authorities as to the importance of this subject and urges that the requisite legislation be had by Congress at its present session.
CHESTER A. ARTHUR.
EXECUTIVE MANSION, December 8, 1882.
To the Senate and House of Representatives:
I transmit herewith a communication from the Secretary of the Interior, with a draft of a bill and accompanying papers, to accept and ratify an agreement made by the Pi-Ute Indians, and granting a right of way to the Carson and Colorado Railroad Company through the Walker River Reservation, in Nevada.
The subject is presented for the consideration of Congress.
CHESTER A. ARTHUR.
EXECUTIVE MANSION, Washington, December 13, 1882.
To the House of Representatives:
In response to the resolution of the House of Representatives of the 30th of January, 1882, on the subject of the tariff of consular fees, I transmit herewith a report of the Secretary of State.
CHESTER A. ARTHUR.
EXECUTIVE MANSION, December 15, 1882.
To the Senate and House of Representatives:
I transmit herewith, for the consideration of Congress, a letter from the Secretary of the Interior, inclosing a copy of a letter from the acting governor of New Mexico, in which he sets forth reasons why authority should be given and provision made for holding a session of the Territorial legislature of New Mexico in January, 1883, or soon thereafter.
CHESTER A. ARTHUR.
EXECUTIVE MANSION, December 19, 1882.
To the Senate and House of Representatives:
I transmit herewith, for the consideration of Congress, a communication from the Secretary of War, upon the subject of abandoned military reservations, and renewing his former recommendation for such legislation as will provide for the disposal of military sites that are no longer needed for military purposes.
CHESTER A. ARTHUR.
EXECUTIVE MANSION, December 21, 1882.
To the Senate and House of Representatives:
I transmit herewith a communication from the Secretary of the Interior of the 18th instant, with accompanying papers, submitting a draft of a bill "for the relief of the Nez Pierce Indians in the Territory of Idaho and of the allied tribes residing upon the Grande Ronde Indian Reservation, in the State of Oregon."
The subject is presented for the consideration of Congress.
CHESTER A. ARTHUR.
EXECUTIVE MANSION, December 27, 1882.
To the Senate and House of Representatives:
I submit herewith a letter from the Secretary of the Interior, inclosing a communication from the secretary of the Territory of New Mexico, who has custody of the public buildings at Santa Fe, in which are set forth reasons why an appropriation should be made for the completion of the capitol at Santa Fe, and commend the same to the consideration of Congress.
CHESTER A. ARTHUR.
EXECUTIVE MANSION, January 5, 1883.
To the Senate and House of Representatives:
I transmit herewith a communication from the Secretary of the Interior, together with a letter from the Superintendent of the Census, requesting an additional appropriation of $100,000 to complete the work of the Tenth Census, and recommend the same to Congress for its favorable consideration.
CHESTER A. ARTHUR.
EXECUTIVE MANSION, January 5, 1883.
To the Senate and House of Representatives:
I transmit herewith, for the consideration of Congress, a communication from the Secretary of War, dated the 2d instant, and inclosing one from Lieutenant Robert Craig, Fourth Artillery, indorsed by the Chief Signal Officer of the Army, recommending that Congress authorize the printing and binding for the use of the Signal Office of 10,000 copies of the Annual Report of the Chief Signal Officer for the fiscal year 1882, and inclosing a draft of a joint resolution for the purpose.
CHESTER A. ARTHUR.
EXECUTIVE MANSION, January 9, 1883.
To the Senate and House of Representatives:
I transmit herewith a communication from the Secretary of the Interior, submitting a report, with accompanying papers, regarding the condition of the several libraries of said Department and the consolidation of the same.
CHESTER A. ARTHUR.
EXECUTIVE MANSION, Washington, January 10, 1883.
To the Senate of the United States:
The Senate having by executive resolution of the 20th ultimo returned to me the supplemental convention of extradition signed August 7, 1882, in order that certain verbal changes therein might be made, as requested by the Spanish Government, as explained in the letter of the Secretary of State to the Committee on Foreign Relations of the Senate dated the 15th ultimo, I now lay the said convention so modified before the Senate, with a view to its ratification.
CHESTER A. ARTHUR.
EXECUTIVE MANSION, January 11, 1883.
To the Senate and House of Representatives:
I transmit herewith, for the consideration of Congress, a communication from the Secretary of War, dated the 10th instant, inclosing one from the Chief of Ordnance, together with one from Lieutenant-Colonel D.W. Flagler, commanding the Rock Island Arsenal, Ill., setting forth the insufficiency of the sum appropriated by the sundry civil appropriation act of August 7, 1882, for the deepening of the water-power tail-race canal at that arsenal, and recommending that a special appropriation of $20,000 be made for the completion of said work.
CHESTER A. ARTHUR.
EXECUTIVE MANSION, January 12, 1883.
To the House of Representatives:
I transmit herewith a report of the Secretary of State and accompanying papers, furnished in response to the resolution of the House of Representatives of July 15, 1882, calling for any information in the possession of the Department of State in reference to any change or modification of the stipulations which the French Cable Company made with the Government.
CHESTER A. ARTHUR.
EXECUTIVE MANSION, January 19, 1883.
To the Senate and House of Representatives:
I transmit herewith, for the consideration of Congress, a communication from the Secretary of War, dated the 17th instant, inclosing, with other papers on the subject, a petition of Thomas Mulvihill, of Pittsburg, Pa., praying for the repossession of certain shore lands at Pittsburg erroneously conveyed by him to the United States.
CHESTER A. ARTHUR.
EXECUTIVE MANSION, January 19, 1883.
To the Senate and House of Representatives:
I transmit herewith a communication, dated the 18th instant, from the Secretary of the Interior, with accompanying papers, in relation to the request of the Cherokee Indians in the Indian Territory for payment for lands in that Territory west of the ninety-sixth degree west longitude, the cession of which to the United States for the settlement of friendly Indians thereon is provided for in the sixteenth article of the treaty of July 19, 1866.
CHESTER A. ARTHUR.
EXECUTIVE MANSION, January 19, 1883.
To the Senate and House of Representatives:
I transmit herewith, for the consideration of Congress, a communication from the Secretary of War, dated the 17th instant, inclosing copies of letters respectively from the Chief of Engineers and Colonel A.F. Rockwell, in charge of public buildings and grounds in this city, urging the importance of an immediate appropriation of $1,000 for removing snow and ice from the walks and pavements in and around the various public reservations under his control during the remainder of the present fiscal year.
CHESTER A. ARTHUR.
EXECUTIVE MANSION, January 19, 1883.
To the Senate of the United States:
I have carefully considered the provisions of Senate bill No. 561, entitled "An act for the relief of Robert Stodart Wyld."
I am of the opinion that the general statute is sufficiently liberal to provide relief in all proper cases of destroyed United States bonds, and I believe that the act above referred to constitutes an evil precedent. It is not, however, so objectionable as to call for my formal disapproval, and I have allowed it to become a law under the constitutional provision, contenting myself with communicating to the Senate, in which the bill originated, my disapproval of special legislation of this character.
CHESTER A. ARTHUR.
EXECUTIVE MANSION, January 19, 1883.
To the Senate and House of Representatives:
I transmit herewith, for the consideration of Congress, a communication from the Secretary of War, dated the 18th instant, inclosing an extract copy of a report of the Adjutant-General respecting the military reservation of Fort Cameron, Utah Territory, and recommending that authority be granted during the present session of Congress for the disposal of said reservation, it being no longer needed for military purposes.
CHESTER A. ARTHUR.
EXECUTIVE MANSION, January 19, 1883.
To the Senate and House of Representatives:
I transmit herewith a communication from the Secretary of the Interior, with a draft of a bill, and accompanying papers, to accept and ratify an agreement with the confederated tribes of Flathead, Kootenay, and Upper Pend d'Oreille Indians for the sale of a portion of their reservation in the Territory of Montana, required for the Northern Pacific Railroad, and to make the necessary appropriation for carrying the same into effect.
The subject is presented for the consideration of the Congress.
CHESTER A. ARTHUR.
EXECUTIVE MANSION, Washington, January 23, 1883.
To the Senate of the United States:
In response to the resolution of the Senate of the United States dated January 5, 1883, requesting "that the Secretary of State be directed to transmit to the Senate copies of any letters on file in his Department from the consular service upon the subject of the shipment and discharge of seamen or payment of extra wages to seamen," I have to transmit a report of the Secretary of State on the subject.
CHESTER A. ARTHUR.
EXECUTIVE MANSION, January 25, 1883.
To the Senate and House of Representatives:
I transmit herewith a communication from the Secretary of State, concerning the character and condition of the library of the Department of State.
CHESTER A. ARTHUR.
EXECUTIVE MANSION, January 26, 1883.
To the House of Representatives:
It is hereby announced to the House of Congress in which it originated that the joint resolution (H. Res. 190) to refer certain claims to the Court of Claims has been permitted to become a law under the constitutional provision. Its apparent purpose is to allow certain bankers to sue in the Court of Claims for the amount of internal-revenue tax collected from them without lawful authority, upon showing as matter of excuse for not having brought their suits within the time limited by law that they had entered into an agreement with the district attorney which was in substance that they should be relieved of that necessity. I can not concur in the policy of setting aside the bar of the statute in those cases on such ground, but I have not deemed it necessary to return the joint resolution with my objections for reconsideration.
CHESTER A. ARTHUR.
EXECUTIVE MANSION, January 30, 1883.
To the Senate of the United States:
I transmit herewith a copy of a communication to me from the Secretary of the Treasury.[14]
I have acted in conformity with the recommendations, oral and written, which are therein set forth, concerning the action suggested to be that which would best effectuate the purpose of section 1768 of the Revised Statutes of the United States and be most considerate of the reputation and interests of the public officer to be affected and most subservient to the public interest.
CHESTER A. ARTHUR.
[Footnote 14: Relating to the suspension of William H. Daniels, collector of customs for the district of Oswegatchie, N.Y.]
EXECUTIVE MANSION, Washington, February 3, 1883.
To the Senate of the United States:
I transmit to the Senate, for consideration with a view to ratification, the treaty of commerce which was signed in duplicate January 20, 1883, by commissioners on the part of the United States and Mexico, with accompanying papers.
The attention of the Senate is called to the statement in the third protocol as to the insertion of the word "steel" in item No. (35) 66 of the list appended to article 2 of the treaty. No further information as to the possible correction therein referred to has yet reached me; but as the session of the Senate will soon terminate, I deem it advisable to transmit the treaty as signed, in the hope that its ratification may be assented to.
While the treaty does not contain all the provisions desired by the United States, the difficulties in the way of a full and complete settlement of matters of common interest to the two countries were such as to make me willing to approve it as an important step toward a desirable result, not doubting that, as time shall show the advantages of the system thus inaugurated, the Government will be able by supplementary agreements to insert the word "steel" and to perfect what is lacking in the instrument.
CHESTER A. ARTHUR.
EXECUTIVE MANSION, February 3, 1883.
To the Senate and House of Representatives:
I transmit herewith a communication from the Secretary of the Interior of the 1st instant, submitting a report made by the commission appointed under the provisions of the act of August 7, 1882, to treat with me Sioux Indians for a modification of their existing treaties, together with a copy of the agreement negotiated by that commission.
The subject is presented for the favorable consideration of Congress.
CHESTER A. ARTHUR.
EXECUTIVE MANSION, February 5, 1883.
To the Senate and House of Representatives:
I transmit herewith, for the consideration of Congress, a communication from the Secretary of War, dated the 2d instant, in relation to the subject of invasion of the Indian Territory, and urging the importance of amending section 2148 of the Revised Statutes so as to impose a penalty of imprisonment for unlawful entry upon the Indian lands.
CHESTER A. ARTHUR.
EXECUTIVE MANSION, Washington, February 5, 1883.
To the Senate of the 'United States:
Referring to my message to the Senate of the 3d instant, wherewith was transmitted, for consideration with a view to ratification, the treaty of commerce between Mexico and the United States which was signed at Washington on the 20th ultimo, I have now to inform the Senate that this Government is officially advised by that of Mexico, through its minister at this capital, that it assents to the insertion of the word "steel" in item No. (35) 66 of the list appended to article 2 of that treaty.
It is desired that the treaty be returned to me that the amendment may be made, after which it will be again sent to the Senate for final action.
CHESTER A. ARTHUR.
EXECUTIVE MANSION, February 6, 1883.
To the Senate of the United States:
I retransmit to the Senate the commercial treaty recently signed in this city by the commissioners of the United States and Mexico, as amended by the insertion of the word "steel" in item (35) 66 of the list appended to article 2 thereof.
CHESTER A. ARTHUR.
EXECUTIVE MANSION, February 7, 1883.
To the Senate and House of Representatives:
I transmit herewith a communication of the 3d instant, With accompanying papers, from the Secretary of the Interior, being a partial report upon the Cherokee Indian matters required under a clause in the sundry civil appropriation act of August 7, 1882.
CHESTER A. ARTHUR.
EXECUTIVE MANSION, February 8, 1883.
To the Senate and House of Representatives:
I transmit herewith a communication from the Secretary of the Interior of the 7th instant, with accompanying papers, setting forth the urgent necessity of stringent measures for the repression of the rapidly increasing evasions and violations of the laws relating to public lands, and of a special appropriation for the purpose both in the current and approaching fiscal years.
The subject is presented for the consideration of Congress.
CHESTER A. ARTHUR.
EXECUTIVE MANSION, Washington, February 9, 1883.
To the Senate of the United States:
I transmit herewith to the Senate, for its consideration with a view to ratification, a convention between the United States of America and the French Republic, for extending the term of the French and American claims convention, concluded at Washington on the 8th day of February, 1883.
CHESTER A. ARTHUR.
EXECUTIVE MANSION, February 10, 1883.
To the Senate and House of Representatives:
I transmit herewith, for the information of Congress, a copy of the report of the Board of Indian Commissioners for the year 1882. The report accompanies the message to the House of Representatives.
CHESTER A. ARTHUR.
EXECUTIVE MANSION, February 10, 1883.
To the House of Representatives:
I transmit herewith, in response to a resolution of the House of Representatives of the 25th ultimo, a report of the Secretary of State, in relation to export duties levied in foreign countries having commercial relations with the United States.
CHESTER A. ARTHUR.
EXECUTIVE MANSION, February 12, 1883.
To the Senate and House of Representatives:
I transmit herewith a communication of the 8th instant, with accompanying papers, from the Secretary of the Interior, comprising the further report in relation to matters of difference between the Eastern and Western bands of Cherokee Indians required by an item in the sundry civil act approved August 7, 1882 (pamphlet statutes, page 328).
CHESTER A. ARTHUR.
EXECUTIVE MANSION, Washington, February 15, 1883.
To the Senate of the United States:
I transmit herewith, in compliance with the resolution of the Senate of December 18, 1882, the report of Mr. George Earl Church upon Ecuador, which I have this day received from the Secretary of State.
CHESTER A. ARTHUR.
EXECUTIVE MANSION, February 20, 1883.
To the Senate and House of Representatives:
I transmit herewith, for the consideration of Congress, a letter from the Secretary of War, dated the 19th instant, inclosing a copy of one from Major George L. Gillespie, Corps of Engineers, dated the 15th instant, referring to the insufficiency of the sum ($39,000) appropriated by the sundry civil bill of August 7, 1882, for building the sea wall on Governors Island, New York Harbor, together with a copy of the indorsement of the Chief Engineer, showing the necessity for an additional appropriation of $15,000 for this purpose. The Secretary of War recommends that said additional sum of $15,000 be appropriated at the present session of Congress for the object stated.
CHESTER A. ARTHUR.
EXECUTIVE MANSION, Washington, February 23, 1883.
To the House of Representatives of the United States of America:
With reference to my message of the 12th ultimo on the same subject, I transmit herewith a further report of the Secretary of State, furnishing additional papers received since the date of his former report in response to a resolution of the House of Representatives of July 5, 1882, calling for any information in the possession of the Department of State in reference to any changes or modifications of the stipulations which the French Cable Company made with this Government.
CHESTER A. ARTHUR.
EXECUTIVE MANSION, February 26, 1883.
To the Senate and House of Representatives:
I transmit herewith, for the information of Congress, a copy of the annual report of the Government directors of the Union Pacific Railway Company, under date of the 19th instant.
The copy of the report referred to accompanies the message to the House of Representatives.
CHESTER A. ARTHUR.
EXECUTIVE MANSION, February 27, 1883.
To the Senate of the United States:
I transmit herewith a report of the Secretary of State, furnished in response to the resolution of the Senate of February 26, 1883, requesting information touching an alleged joint agreement between the ministers of the United States, of Great Britain, of France, and of Italy now serving in Peru.
CHESTER A. ARTHUR.
EXECUTIVE MANSION, March 1, 1883.
To the Senate of the United States:
Having approved the act recently passed by Congress "to regulate and improve the civil service of the United States," I deem it my duty to call your attention to the provision for the employment of a "chief examiner" contained in the third section of the act, which was the subject of consideration at the time of its approval.
I am advised by the Attorney-General that there is great doubt whether such examiner is not properly an officer of the United States because of the nature of his employment, its duration, emolument, and duties. If he be such, the provision for his employment (which involves an appointment by the Commission) is not in conformity with section 2, Article II of the Constitution. Assuming this to be the case, the result would be that the appointment of the chief examiner must be deemed to be vested in the President, by and with the advice and consent of the Senate, since in such case the appointment would not be otherwise provided for by law. Concurring in this opinion, I nominate Silas W. Burt, of New York, to be chief examiner of the Civil Service Commission.
CHESTER A. ARTHUR.
PROCLAMATIONS.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas by the eighth section of an act entitled "An act to encourage the holding of a World's Industrial and Cotton Centennial Exposition in the year 1884," approved February 10, 1883, it was enacted as follows:
That whenever the President shall be informed by the said board of management that provision has been made for suitable buildings, or the erection of the same, for the purposes of said exposition, the President shall, through the Department of State, make proclamation of the same, setting forth the time at which the exhibition will open and the place at which it will be held; and such board of management shall communicate to the diplomatic representatives of all nations copies of the same and a copy of this act, together with such regulations as may be adopted by said board of management, for publication in their respective countries.
And whereas the duly constituted board of managers of the aforesaid World's Industrial and Cotton Centennial Exposition has informed me that provision has been made for the erection of suitable buildings for the purposes of said exposition:
Now, therefore, I, Chester A. Arthur, President of the United States of America, by authority of and in fulfillment of the requirements of said act approved February 10, 1883, do hereby declare and make known that the World's Industrial and Cotton Centennial Exposition will be opened on the first Monday in December, 1884, at the city of New Orleans, in the State of Louisiana, and will there be holden continuously until the 3ist day of May, 1885.
In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed.
Done at the city of Washington, this 10th day of September, 1883, and of the Independence of the United States the one hundred and eighth.
[SEAL.]
CHESTER A. ARTHUR.
By the President: FREDK. T. FRELINGHUYSEN, Secretary of State.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
In furtherance of the custom of this people at the closing of each year to engage, upon a day set apart for that purpose, in a special festival of praise to the Giver of All Good, I, Chester A. Arthur, President of the United States, do hereby designate Thursday, the 29th day of November next, as a day of national thanksgiving.
The year which is drawing to an end has been replete with evidences of divine goodness.
The prevalence of health, the fullness of the harvests, the stability of peace and order, the growth of fraternal feeling, the spread of intelligence and learning, the continued enjoyment of civil and religious liberty—all these and countless other blessings are cause for reverent rejoicing.
I do therefore recommend that on the day above appointed the people rest from their accustomed labors and, meeting in their several places of worship, express their devout gratitude to God that He hath dealt so bountifully with this nation and pray that His grace and favor abide with it forever.
In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 26th day of October, A.D. 1883, and of the Independence of the United States the one hundred and eighth.
CHESTER A. ARTHUR.
By the President: FREDK. T. FRELINGHUYSEN, Secretary of State.
EXECUTIVE ORDERS.
DEPARTMENT OF STATE, Washington, March 26, 1883.
SIR:[15] It is my melancholy duty to inform you that the Hon. Timothy O. Howe, Postmaster-General, and lately a Senator of the United States, died yesterday at Kenosha, Wis., at 2 o'clock in the afternoon. By reason of this afflicting event the President directs that the Executive Departments of the Government and the offices dependent thereon throughout the country will be careful to manifest by all customary and appropriate observances due honor to the memory of one so eminent in successive offices of public esteem and trust and so distinguished and respected as a citizen.
To this end the President directs that the Post-Office Department and its dependencies in this capital shall be draped in mourning for a period of thirty days; that the several Executive Departments shall be closed on Wednesday next, the day of the funeral of the deceased, and that on all public buildings of the Government throughout the United States the national flag shall be draped in mourning and displayed at half-mast.
I have the honor to be, sir, your obedient servant,
FREDK. T. FRELINGHUYSEN.
[Footnote 15: Addressed to the heads of the Executive Departments, etc.]
EXECUTIVE MANSION, Washington, April 2, 1883.
Under the provisions of section I of the "act making appropriations for the naval service for the fiscal year ending June 30, 1884, and for other purposes," approved March 3, 1883, the following-named officers of the Army and Navy will constitute a board for the purpose of examining and reporting to Congress which of the navy-yards or arsenals owned by the Government has the best location and is best adapted for the establishment of a Government foundry, or what other method, if any, should be adopted for the manufacture of heavy ordnance adapted to modern warfare, for the use of the Army and Navy of the United States, the cost of all buildings, tools, and implements necessary to be used in the manufacture thereof, including the cost of a steam hammer or apparatus of sufficient size for the manufacture of the heaviest guns:
Commodore Edward Simpson, United States Navy; Captain Edmund O. Matthews, United States Navy; Colonel Thomas G. Baylor, Ordnance Department, United States Army; Lieutenant-Colonel Henry L. Abbot, Engineer Corps, United States Army; Major Samuel S. Elder, Second Artillery, United States Army; Lieutenant William H. Jacques, United States Navy.
CHESTER A. ARTHUR.
EXECUTIVE MANSION, May 7, 1883.
In the exercise of the power vested in the President by, the Constitution, and by virtue of the seventeen hundred and fifty-third section of the Revised Statutes and of the civil-service act approved January 16, 1883, the following rules for the regulation and improvement of the executive civil service are hereby promulgated:
RULE I.
No person in said service shall use his official authority or influence either to coerce the political action of any person or body or to interfere with any election.
RULE II.
No person in the public service shall for that reason be under any obligations to contribute to any political fund or to render any political service, and he will not be removed or otherwise prejudiced for refusing to do so.
RULE III.
It shall be the duty of collectors, postmasters, assistant treasurers, naval officers, surveyors, appraisers, and custodians of public buildings at places where examinations are to be held to allow and arrange for the reasonable use of suitable rooms in the public buildings in their charge, and for heating, lighting, and furnishing the same for the purposes of such examinations; and all other executive officers shall in all legal and proper ways facilitate such examinations and the execution of these rules.
RULE IV.
1. All officials connected with any office where or for which any examination is to take place will give the Civil Service Commission and the chief examiner such information as may be reasonably required to enable the Commission to select competent and trustworthy examiners; and the examinations by those selected as examiners, and the work incident thereto, will be regarded as a part of the public business to be performed at such office.
2. It shall be the duty of every executive officer promptly to inform the Commission, in writing, of the removal or discharge from the public service of any examiner in his office or of the inability or refusal of any such examiner to act in that capacity.
RULE V.
There shall be three branches of the service classified under the civil-service act (not including laborers or workmen or officers required to be confirmed by the Senate), as follows:
1. Those classified in the Departments at Washington shall be designated "The classified departmental service."
2. Those classified under any collector, naval officer, surveyor, or appraiser in any customs district shall be designated "The classified customs service."
3. Those classified under any postmaster at any post-office, including that at Washington, shall be designated "The classified postal service."
4. The classified customs service shall embrace the several customs districts where the officials are as many as fifty, now the following: New York City, N.Y.; Boston, Mass.; Philadelphia, Pa.; San Francisco, Cal.; Baltimore, Md.; New Orleans, La.; Chicago, Ill.; Burlington, Vt.; Portland, Me.; Detroit, Mich.; Port Huron, Mich.
5. The classified postal service shall embrace the several post-offices where the officials are as many as fifty, now the following: Albany, N.Y.; Baltimore, Md.; Boston, Mass.; Brooklyn, N.Y.; Buffalo, N.Y.; Chicago, Ill.; Cincinnati, Ohio; Cleveland, Ohio; Detroit, Mich.; Indianapolis, Ind.; Kansas City, Mo.; Louisville, Ky.; Milwaukee, Wis.; Newark, N.J.; New Orleans, La.; New York City, N.Y.; Philadelphia, Pa.; Pittsburg, Pa.; Providence, R.I.; Rochester, N.Y.; St. Louis, Mo.; San Francisco, Cal.; Washington, D.C.
RULE VI.
1. There shall be open competitive examinations for testing the fitness of applicants for admission to the service. Such examinations shall be practical in their character and, so far as may be, shall relate to those matters which will fairly test the relative capacity and fitness of the persons examined to discharge the duties of the branch of the service which they seek to enter.
2. There shall also be competitive examinations of a suitable character to test the fitness of persons for promotion in the service.
RULE VII.
1. The general examinations under the first clause of Rule VI for admission to the service shall be limited to the following subjects: (1) Orthography, penmanship, and copying; (2) arithmetic—fundamental rules, fractions, and percentage; (3) interest, discount, and elements of bookkeeping and of accounts; (4) elements of the English language, letter writing, and the proper construction of sentences; (5) elements of the geography, history, and government of the United States.
2. Proficiency in each of these subjects shall be credited in grading the standing of the persons examined in proportion to the value of a knowledge of such subjects in the branch or part of the service which the applicant seeks to enter.
3. No one shall be entitled to be certified for appointment whose standing upon a just grading in the general examination shall be less than 65 per cent of complete proficiency in the first three subjects mentioned in this rule, and that measure of proficiency shall be deemed adequate.
4. But for places in which a lower degree of education will suffice the Commission may limit the examinations to, first, penmanship, copying, and orthography; second, the fundamental rules of arithmetic; but no person shall be certified under this examination of a less grading than 65 per cent on each subject.
5. The Commission may also order examinations of a higher grade or upon additional or special subjects, to test the capacity and fitness which may be needed in any special place or branch of the service.
RULE VIII.
No question in any examination or proceeding by or under the Commission of examiners shall call for the expression or disclosure of any political or religious opinion or affiliation, nor shall any discrimination be made by reason thereof if known; and the Commission and its examiners shall discountenance all disclosure before either of them of such opinion by or concerning any applicants for examination or by or concerning anyone whose name is on any register awaiting appointment.
RULE IX.
All regular applications for the competitive examinations for admission to the classified service must be made on blanks in a form approved by the Commission. All requests for such blanks and all applications for examination must be addressed as follows: (1) If for the classified departmental service, to the United States Civil Service Commission, Washington, D.C.; (2) if for the classified postal service, to the postmaster under whom service is sought; (3) if for the classified customs service, to the head of either customs office in which service is sought. All officers receiving such applications will indorse thereon the date of the reception thereof and transmit the same to the proper examining board of the district or office where service is sought or, if in Washington, to the Civil Service Commission.
RULE X.
Every examining board shall keep such records and such papers on file and make such reports as the Commission shall require, and any such paper or record in the charge of any examining board or any officer shall at all times be open to examination as the Commission shall direct, and upon its request shall be forwarded to the Commission for inspection and revision.
RULE XI.
Every application, in order to entitle the applicant to appear for examination or to be examined, must state under oath the facts on the following subjects: (1) Full name, residence, and post-office address; (2) citizenship; (3) age; (4) place of birth; (5) health and physical capacity for the public service; (6) right of preference by reason of military or naval service; (7) previous employment in the public service; (8) business or employment and residence for the previous five years; (9) education. Such other information shall be furnished as the Commission may reasonably require touching the applicant's fitness for the public service. The applicant must also state the number of members of his family in the public service and where employed, and must also assert that he is not disqualified under section 3 of the civil-service act, which is as follows:
"That no person habitually using intoxicating beverages to excess shall be appointed to or retained in any office, appointment, or employment to which the provisions of this act are applicable."
RULE XII.
1. Every regular application must be supported by proper certificates of good moral character, health, and physical and mental capacity for doing the public work, the certificates to be in such form and number as the regulations of the Commission shall provide; but no certificate will be received which is inconsistent with the tenth section of the civil-service act.
2. No one shall be entitled to be examined for admission to the classified postal service if under 16 or over 35 years of age, or to the classified customs service or to the classified departmental service if under 18 or over 45 years of age; but no one shall be examined for appointment to any place in the classified customs service, except that of clerk or messenger, who is under 21 years of age; but these limitations of age shall not apply to honorably discharged soldiers and sailors of the last war who are otherwise duly qualified.
RULE XIII.
1. The date of the reception of all regular applications for the classified departmental service shall be entered of record by the Commission, and of all other regular applications by the proper examining boards of the district or office for which they are made; and applicants, when in excess of the number that can be examined at a single examination, shall be notified to appear in their order on the respective records. But any applicants in the several States and Territories for appointment in the classified departmental service may be notified to appear for examination at any place at which an examination is to be held, whether in any State or Territory or in Washington, which shall be deemed most convenient for them.
2. The Commission is authorized, in aid of the apportionment among the States and Territories, to hold examinations at places convenient for applicants from different States and Territories, or for those examination districts which it may designate and which the President shall approve.
RULE XIV.
Those examined shall be graded, and shall have their grade marked upon a register after those previously thereon, in the order of their excellence as shown by their examination papers, except that those from the same State or Territory may be entered upon the register together, in the order of relative excellence, to facilitate apportionment. Separate registers may be kept of those seeking to enter any part of the service in which special qualifications are required.
RULE XV.
The Commission may give a certificate to any person examined, stating the grade which such person attained and the proficiency in the several subjects, shown by the markings.
RULE XVI.
1. Whenever any officer having the power of appointment or employment shall so request, there shall be certified to him by the Commission or the proper examining board four names for the vacancy specified, to be taken from those graded highest on the proper register of those in his branch of the service and remaining eligible, regard being had to the apportionment of appointments to States and Territories; and from the said four a selection shall be made for the vacancy.
2. These certifications for the service at Washington shall be made in such order as to apportion, as nearly as may be practicable, the original appointments thereto among the States and Territories and the District of Columbia upon the basis of population as ascertained at the last preceding census.
3. In case the request for any such certification or any law or regulation shall call for those of either sex, the four highest of that sex shall be certified; otherwise sex shall be disregarded in such certification.
4. No person upon any register shall be certified more than three times to the same officer in the customs or postal service or more than twice to any department at Washington, unless upon request of the appointing officer; nor shall anyone remain eligible more than one year upon any register. And no person while remaining eligible on any register shall be admitted to a new examination of the same grade.
RULE XVII.
1. Every original appointment or employment in said classified service shall be for the probationary period of six months, at the end of which time, if the conduct and capacity of the person appointed have been found satisfactory, the probationer shall be absolutely appointed or employed, but otherwise be deemed out of the service.
2. Every officer under whom any probationer shall serve during any part of the probation provided for by these rules shall carefully observe the quality and value of the service rendered by such probationer, and shall report to the proper appointing officer, in writing, the facts observed by him, showing the character and qualifications of such probationer and of the service performed by him; and such reports shall be preserved on file.
3. Every false statement knowingly made by any person in his application for examination and every connivance by him at any false statement made in any certificate which may accompany his application shall be regarded as good cause for the removal or discharge of such person during his probation.
RULE XVIII.
Every head of a Department or office shall notify the Commission of the name of every person appointed to or employed in the classified service under him (giving the date of the appointment and the designation of the office or place) from those examined under the Commission, and shall also inform the Commission of the date of any rejection or final appointment or employment of any probationer and of the promotion, removal, discharge, resignation, transfer, or death of any such person after probation.
RULE XIX.
There are excepted from examination the following: (1) The confidential clerk or secretary of any head of a Department or office; (2) cashiers of collectors; (3) cashiers of postmasters; (4) superintendents of money-order divisions in post-offices; (5) the direct custodians of money for whose fidelity another officer is under official bond, but these exceptions shall not extend to any official below the grade of assistant cashier or teller; (6) persons employed exclusively in the secret service of the Government, or as translators or interpreters or stenographers; (7) persons whose employment is exclusively professional; (8) chief clerks, superintendents, and chiefs of divisions or bureaus. But no person so excepted shall be either transferred, appointed, or promoted, unless to some excepted place, without an examination under the Commission. Promotions may be made without examinations in offices where examinations for promotion are not now held until rules on the subject shall be promulgated.
RULE XX.
If the failure of competent persons to attend and be examined or the prevalence of contagious disease or other sufficient cause shall make it impracticable to supply in due season for any appointment the names of persons who have passed a competitive examination, the appointment may be made of a person who has passed a noncompetitive examination, which examination the Commission may provide for; but its next report shall give the reason for such resort to noncompetitive examination.
RULE XXI.
The Civil Service Commission will make appropriate regulations for carrying these rules into effect.
RULE XXII.
Every violation by any officer in the executive civil service of these rules or of the eleventh, twelfth, thirteenth, or fourteenth section of the civil-service act, relating to political assessments, shall be good cause for removal.
CHESTER A. ARTHUR.
EXECUTIVE MANSION, May 21, 1883.
Under the provisions of section 4 of the act approved March 3, 1883, it is hereby ordered that the several Executive Departments, the Department of Agriculture, and the Government Printing Office be closed on Wednesday, the 30th instant, to enable the employees to participate in the decoration of the graves of the soldiers who fell during the rebellion.
CHESTER A. ARTHUR.
WAR DEPARTMENT, October 13, 1883.
I. The President, having acceded to the request of General William T. Sherman to be relieved from the command of the Army on the 1st of November, 1883, preparatory to his retirement from active service, directs the following changes and assignments to command:
General William T. Sherman will be relieved from the command of the Army on the above-mentioned date and will repair to his home, St. Louis, Mo., to await his retirement. The General will be attended prior to his retirement by those of his aids-de-camp whom he may designate to the Adjutant-General.
Lieutenant-General Philip H. Sheridan will proceed to Washington, and on the above-mentioned date assume command of the Army.
Major-General John M. Schofield will proceed to Chicago, Ill., and will on the above-mentioned date assume command of the Military Division of the Missouri.
Major-General John Pope will proceed to the Presidio of San Francisco, Cal., and will on the above-mentioned date assume command of the Military Division of the Pacific and of the Department of California.
Brigadier-General Christopher C. Augur will proceed to Fort Leavenworth, and will on the above-mentioned date assume command of the Department of the Missouri.
Brigadier-General Ranald S. Mackenzie will proceed to San Antonio, Tex., and will on the above-mentioned date assume command of the Department of Texas.
II. The Department of the South will on the 1st day of November, 1883, be merged in the Department of the East, under the command of Major-General Hancock, commanding the Military Division of the Atlantic and the Department of the East.
ROBERT T. LINCOLN,
Secretary of War.
In the exercise of the power vested in the President by the Constitution, and by virtue of the seventeen hundred and fifty-third section of the Revised Statutes and of the civil-service act approved January 16, 1883, the following rules for the regulation and improvement of the executive civil service are hereby amended and promulgated, as follows:
RULE VI.
1. There shall be open competitive examinations for testing the fitness of applicants for admission to the service. Such examinations shall be practical in their character and, so far is may be, shall relate to those matters which will fairly test the relative capacity and fitness of the persons examined to discharge the duties of the branch of the service which they seek to enter.
2. There shall, so far as they may be deemed useful, be competitive examinations of a suitable character to test the fitness of persons for promotion in the service.
RULE VII.
1. The general examinations under the first clause of Rule VI for admission to the service shall be limited to the following subjects: (1) Orthography, penmanship, and copying; (2) arithmetic—fundamental rules, fractions, and percentage; (3) interest, discount, and elements of bookkeeping and of accounts; (4) elements of the English language, letter writing, and the proper construction of sentences; (5) elements of the geography, history, and government of the United States.
2. Proficiency in each of these subjects shall be credited in grading the standing of the persons examined in proportion to the value of a knowledge of such subjects in the branch or part of the service which the applicant seeks to enter.
3. No one shall be entitled to be certified for appointment whose standing upon a just grading in the general examination shall be less than 65 per cent of complete proficiency in the first three subjects mentioned in this rule, and that measure of proficiency shall be deemed adequate.
4. But for places in which a lower degree of education will suffice the Commission may limit the examinations to less than the five subjects above mentioned, but no person shall be certified for appointment under this clause whose grading shall be less than an average of 65 per cent on such of the first three subjects or parts thereof as the examination may embrace.
5. The Commission may also order examinations upon other subjects, of a technical or special character, to test the capacity which may be needed in any part of the classified service which requires peculiar information or skill. Examinations hereunder may be competitive or noncompetitive, and the maximum limitations of age contained in the twelfth rule shall not apply to applicants for the same. The application for and notice of these special examinations, the records thereof, and the certification of those found competent shall be such as the Commission may provide for. After consulting the head of any Department or office the Commission may from time to time designate, subject to the approval of the President, the positions therein for which applicants may be required to pass this special examination.
RULE VIII.
No question in any examination or proceeding by or under the Commission or examiners shall call for the expression or disclosure of any political or religious opinion or affiliation, and if such opinion of affiliation be known no discrimination shall be made by reason thereof by the examiners, the Commission, or the appointing power. The Commission and its examiners shall discountenance all disclosure before either of them of such opinion by or concerning any applicant for examination or by or concerning anyone whose name is on any register awaiting appointment.
RULE XI.
Every application, in order to entitle the applicant to appear for examination or to be examined, must state under oath the facts on the following subjects: (1) Full name, residence, and post-office address; (2) citizenship; (3) age; (4) place of birth; (5) health and physical capacity for the public service; (6) right of preference by reason of military or naval service; (7) previous employment in the public service; (8) business or employment and residence for the previous five years; (9) education. Such other information shall be furnished as the Commission may reasonably require touching the applicant's fitness for the public service. The applicant must also state the number of members of his family in the public service and where employed, and must also assert that he is not disqualified under section 8 of the civil-service act, which is as follows:
"That no person habitually using intoxicating beverages to excess shall be appointed to or retained in any office, appointment, or employment to which the provisions of this act are applicable."
No person under enlistment in the Army or Navy of the United States shall be examined under these rules.
RULE XIII.
1. The date of the reception of all regular applications for the classified departmental service shall be entered of record by the Commission, and of all other regular applications by the proper examining boards of the district or office for which they are made; and applicants, when in excess of the number that can be examined at a single examination, shall, subject to the needs of apportionment, be notified to appear in their order on the respective records. But any applicants in the several States and Territories for appointment in the classified departmental service may be notified to appear for examination at any place at which an examination is to be held, whether in any State or Territory or in Washington, which shall be deemed most convenient for them.
2. The Compassion is authorized, in aid of the apportionment among the States and Territories, to hold examinations at places convenient for applicants from different States and Territories, or for those examination districts which it may designate and which the President shall approve.
RULE XVI.
1. Whenever any officer having the power of appointment or employment shall so request, there shall be certified to him by the Commission or the proper examining board four names for the vacancy specified, to be taken from those graded highest on the proper register of those in his branch of the service and remaining eligible, regard being had to the apportionment of appointments to States and Territories; and from the said four a selection shall be made for the vacancy.
2. These certifications for the service at Washington shall be made in such order as to apportion, as nearly as may be practicable, the original appointments thereto among the States and Territories and the District of Columbia upon the basis of population as ascertained at the last preceding census.
3. In case the request for any such certification or any law or regulation shall call for those of either sex, the four highest of that sex shall be certified; otherwise sex shall be disregarded in such certification.
4. No person upon any register shall be certified more than four times to the same officer in the customs or postal service or more than twice to any Department at Washington, unless upon request of the appointing officer; nor shall anyone remain eligible more than one year upon any register. No person while remaining eligible on any register shall be admitted to a new examination, and no person having failed upon any examination shall within six months thereafter be admitted to another examination without the consent of the Commission; but these restrictions shall not extend to examinations under clause 5 of Rule VII.
RULE XVIII.
Every head of a Department or office shall notify the Commission of the name of every person appointed to or employed in the classified service under him (giving the date of the appointment and the designation of the office or place) from those examined under the Commission, and shall also inform the Commission of the date of any rejection or final appointment or employment of any probationer, and of the promotion, removal, discharge, resignation, transfer, or death of any such person after probation. Every head of an office in the postal or customs service shall give such information on these subjects to the board of examiners for his office as the regulations of the Commission may provide for.
RULE XIX.
There are excepted from examination the following: (1) The confidential clerk or secretary of any head of Department or office; (2) cashiers of collectors; (3) cashiers of postmasters; (4) superintendents of money-order divisions in post-offices; (5) the direct custodians of money for whose fidelity another officer is under official bond, but these exceptions shall not extend to any official below the grade of assistant cashier or teller; (6) persons employed exclusively in the secret service of the Government, or as translators or interpreters or stenographers; (7) persons whose employment is exclusively professional; (8) chief clerks, deputy collectors, and superintendents or chiefs of divisions or bureaus. But no person so excepted shall be either transferred, appointed, or promoted, unless to some excepted place, without an examination under the Commission. Promotions may be made without examinations in offices where examinations for promotion are not now held until rules on the subject shall be promulgated.
Approved, November 7, 1883.
CHESTER A. ARTHUR.
THIRD ANNUAL MESSAGE.
WASHINGTON, December 4, 1883.
To the Congress of the United States:
At the threshold of your deliberations I congratulate you upon the favorable aspect of the domestic and foreign affairs of this Government.
Our relations with other countries continue to be upon a friendly footing. With the Argentine Republic, Austria, Belgium, Brazil, Denmark, Hayti, Italy, Santo Domingo, and Sweden and Norway no incident has occurred which calls for special comment. The recent opening of new lines of telegraphic communication with Central America and Brazil permitted the interchange of messages of friendship with the Governments of those countries.
During the year there have been perfected and proclaimed consular and commercial treaties with Servia and a consular treaty with Roumania, thus extending our intercourse with the Danubian countries, while our Eastern relations have been put upon a wider basis by treaties with Korea and Madagascar. The new boundary-survey treaty with Mexico, a trade-marks convention and a supplementary treaty of extradition with Spain, and conventions extending the duration of the Franco-American Claims Commission have also been proclaimed.
Notice of the termination of the fisheries articles of the treaty of Washington was duly given to the British Government, and the reciprocal privileges and exemptions of the treaty will accordingly cease on July 1, 1885. The fisheries industries, pursued by a numerous class of our citizens on the northern coasts, both of the Atlantic and Pacific oceans, are worthy of the fostering care of Congress. Whenever brought into competition with the like industries of other countries, our fishermen, as well as our manufacturers of fishing appliances and preparers of fish products, have maintained a foremost place. I suggest that Congress create a commission to consider the general question of our rights in the fisheries and the means of opening to our citizens, under just and enduring conditions, the richly stocked fishing waters and sealing grounds of British North America.
Question has arisen touching the deportation to the United States from the British Islands, by governmental or municipal aid, of persons unable there to gain a living and equally a burden on the community here. Such of these persons as fall under the pauper class as defined by law have been sent back in accordance with the provisions of our statutes. Her Majesty's Government has insisted that precautions have been taken before shipment to prevent these objectionable visitors from coming hither without guaranty of support by their relatives in this country. The action of the British authorities in applying measures for relief has, however, in so many cases proved ineffectual, and especially so in certain recent instances of needy emigrants reaching our territory through Canada, that a revision of our legislation upon this subject may be deemed advisable.
Correspondence relative to the Clayton-Bulwer treaty has been continued and will be laid before Congress.
The legislation of France against the importation of prepared swine products from the United States has been repealed. That result is due no less to the friendly representations of this Government than to a growing conviction in France that the restriction was not demanded by any real danger to health.
Germany still prohibits the introduction of all swine products from America. I extended to the Imperial Government a friendly invitation to send experts to the United States to inquire whether the use of those products was dangerous to health. This invitation was declined. I have believed it of such importance, however, that the exact facts should be ascertained and promulgated that I have appointed a competent commission to make a thorough investigation of the subject. Its members have shown their public spirit by accepting their trust without pledge of compensation, but I trust that Congress will see in the national and international bearings of the matter a sufficient motive for providing at least for reimbursement of such expenses as they may necessarily incur.
The coronation of the Czar at Moscow afforded to this Government an occasion for testifying its continued friendship by sending a special envoy and a representative of the Navy to attend the ceremony.
While there have arisen during the year no grave questions affecting the status in the Russian Empire of American citizens of other faith than that held by the national church, this Government remains firm in its conviction that the rights of its citizens abroad should be in no wise affected by their religious belief.
It is understood that measures for the removal of the restrictions which now burden our trade with Cuba and Puerto Rico are under consideration by the Spanish Government.
The proximity of Cuba to the United States and the peculiar methods of administration which there prevail necessitate constant discussion and appeal on our part from the proceedings of the insular authorities. I regret to say that the just protests of this Government have not as yet produced satisfactory results.
The commission appointed to decide certain claims of our citizens against the Spanish Government, after the recognition of a satisfactory rule as to the validity and force of naturalization in the United States, has finally adjourned. Some of its awards, though made more than two years ago, have not yet been paid. Their speedy payment is expected.
Claims to a large amount which were held by the late commission to be without its jurisdiction have been diplomatically presented to the Spanish Government. As the action of the colonial authorities which has given rise to these claims was admittedly illegal, full reparation for the injury sustained by our citizens should be no longer delayed.
The case of the Masonic has not yet reached a settlement. The Manila court has found that the proceedings of which this Government has complained were unauthorized, and it is hoped that the Government of Spain will not withhold the speedy reparation which its sense of justice should impel it to offer for the unusual severity and unjust action of its subordinate colonial officers in the case of this vessel.
The Helvetian Confederation has proposed the inauguration of a class of international treaties for the referment to arbitration of grave questions between nations. This Government has assented to the proposed negotiation of such a treaty with Switzerland.
Under the treaty of Berlin liberty of conscience and civil rights are assured to all strangers in Bulgaria. As the United States have no distinct conventional relations with that country and are not a party to the treaty, they should, in my opinion, maintain diplomatic representation at Sofia for the improvement of intercourse and the proper protection of the many American citizens who resort to that country as missionaries and teachers. I suggest that I be given authority to establish an agency and consulate-general at the Bulgarian capital.
The United States are now participating in a revision of the tariffs of the Ottoman Empire. They have assented to the application of a license tax to foreigners doing business in Turkey, but have opposed the oppressive storage tax upon petroleum entering the ports of that country.
The Government of the Khedive has proposed that the authority of the mixed judicial tribunals in Egypt be extended so as to cover citizens of the United States accused of crime, who are now triable before consular courts. This Government is not indisposed to accept the change, but believes that its terms should be submitted for criticism to the commission appointed to revise the whole subject.
At no time in our national history has there been more manifest need of close and lasting relations with a neighboring state than now exists with respect to Mexico. The rapid influx of our capital and enterprise into that country shows, by what has already been accomplished, the vast reciprocal advantages which must attend the progress of its internal development. The treaty of commerce and navigation of 1848 has been, terminated by the Mexican Government, and in the absence of conventional engagements the rights of our citizens in Mexico now depend upon the domestic statutes of that Republic. There have been instances of harsh enforcement of the laws against our vessels and citizens in Mexico and of denial of the diplomatic resort for their protection. The initial step toward a better understanding has been taken in the negotiation by the commission authorized by Congress of a treaty which is still before the Senate awaiting its approval.
The provisions for the reciprocal crossing of the frontier by the troops in pursuit of hostile Indians have been prolonged for another year. The operations of the forces of both Governments against these savages have been successful, and several of their most dangerous bands have been captured or dispersed by the skill and valor of United States and Mexican soldiers fighting in a common cause.
The convention for the resurvey of the boundary from the Rio Grande to the Pacific having been ratified and exchanged, the preliminary reconnoissance therein stipulated has been effected. It now rests with Congress to make provision for completing the survey and relocating the boundary monuments.
A convention was signed with Mexico on July 13, 1882, providing for the rehearing of the cases of Benjamin Weil and the Abra Silver Mining Company, in whose favor awards were made by the late American and Mexican Claims Commission. That convention still awaits the consent of the Senate. Meanwhile, because of those charges of fraudulent awards which have made a new commission necessary, the Executive has directed the suspension of payments of the distributive quota received from Mexico.
Our geographical proximity to Central America and our political and commercial relations with the States of that country justify, in my judgment, such a material increase of our consular corps as will place at each capital a consul-general.
The contest between Bolivia, Chile, and Peru has passed from the stage of strategic hostilities to that of negotiation, in which the counsels of this Government have been exercised. The demands of Chile for absolute cession of territory have been maintained and accepted by the party of General Iglesias to the extent of concluding a treaty of peace with the Government of Chile in general conformity with the terms of the protocol signed in May last between the Chilean commander and General Iglesias. As a result of the conclusion of this treaty General Iglesias has been formally recognized by Chile as President of Peru and his government installed at Lima, which has been evacuated by the Chileans. A call has been issued by General Iglesias for a representative assembly, to be elected on the 13th of January, and to meet at Lima on the 1st of March next. Meanwhile the provisional government of General Iglesias has applied for recognition to the principal powers of America and Europe. When the will of the Peruvian people shall be manifested, I shall not hesitate to recognize the government approved by them.
Diplomatic and naval representatives of this Government attended at Caracas the centennial celebration of the birth of the illustrious Bolivar. At the same time the inauguration of the statue of Washington in the Venezuelan capital testified to the veneration in which his memory is there held.
Congress at its last session authorized the Executive to propose to Venezuela a reopening of the awards of the mixed commission of Caracas. The departure from this country of the Venezuelan minister has delayed the opening of negotiations for reviving the commission. This Government holds that until the establishment of a treaty upon this subject the Venezuelan Government must continue to make the payments provided for in the convention of 1866.
There is ground for, believing that the dispute growing out of the unpaid obligations due from Venezuela to France will be satisfactorily adjusted. The French cabinet has proposed a basis of settlement which meets my approval, but as it involves a recasting of the annual quotas of the foreign debt it has been deemed advisable to submit the proposal to the judgment of the cabinets of Berlin, Copenhagen, The Hague, London, and Madrid. |
|