 Section 9 of State of the Union Addresses, 1869-1876. This is a LibriVox recording. All LibriVox recordings are in the public domain. For more information or to volunteer, please visit LibriVox.org. Ulysses S. Grant, December 7, 1874, Part 2. The report of the Secretary of War, herewith attached and forming a part of this message, gives all the information concerning the operations, wants and necessities of the Army, and contains many suggestions and recommendations which I commend to your special attention. There is no class of government employees who are harder worked than the Army, officers and men, none who perform their tasks more cheerfully and efficiently, and under circumstances of greater privations and hardships. Legislation is desirable to render more efficient this branch of the public service. All the recommendations of the Secretary of War I regard as judicious, and I especially commend to your attention the following, the consolidation of government arsenals, the restoration of mileage to officers travelling under orders, the exemption of money received from the sale of subsistence stores from being covered into the Treasury, the use of appropriations for the purchase of subsistence stores without waiting for the beginning of the fiscal year for which the appropriation is made, for additional appropriations for the collection of torpedo material, for increased appropriations for the manufacture of arms, for relieving the various states from indebtedness for arms charged to them during the rebellion, for dropping officers from the roles of the Army without trial, for the offence of drawing pay more than once for the same period, for the discouragement of the planned pay soldiers by check, and for the establishment of a professorship of rhetoric in English literature at West Point. The reasons for these recommendations are obvious and are set forth sufficiently in the reports attached. I also recommend that the status of the staff corps of the Army be fixed, where this has not already been done, so that promotions may be made and vacancies filled as they occur in each grade when reduced below the number to be fixed by law. The necessity for such legislation is specially felt now in the pay department. The number of officers in that department is below the number adequate to the performance of the duties required of them by law. The efficiency of the Navy has been largely increased during the last year. Under the impulse of the foreign complications which threatened us at the commencement of the last session of Congress, most of our efficient wooden ships were put in condition for immediate service and the repairs of our ironclad fleet were pushed with the utmost vigor. The result is that most of these are now in an effective state and need only to be manned and put in commission to go at once into service. Some of the new sloops authorized by Congress are already in commission and most of the remainder are launched and wait only the completion of their machinery to enable them to take their places as part of our effective force. Two iron torpedo ships have been completed during the last year and four of our large double-turted ironclads are now undergoing repairs. When these are finished everything that is useful of our Navy is now authorized will be in condition for service and with the advance in the science of torpedo warfare, the American Navy comparatively small as it is will be found at any time powerful for the purposes of a peaceful nation. Much has been accomplished during the year in aid of science and to increase the sum of general knowledge and further the interests of commerce and civilization. Extensive and much-needed soundings have been made for hydrographic purposes and to fix the proper routes of ocean telegraphs. Further surveys of the Great Isthmus have been undertaken and completed and two vessels of the Navy are now employed in conjunction with those of England, France, Germany and Russia in observations connected with the transit of Venus so useful and interesting to the scientific world. The estimates for this branch of the public service do not differ materially from those of last year. Those for the general support of the service being somewhat less and those for permanent improvements at the various stations rather larger than the corresponding estimates made a year ago. The regular maintenance and a steady increase in the efficiency of this most important arm in proportion to the growth of our maritime intercourse and interests is recommended to the attention of Congress. The use of the Navy in time of peace might be further utilized by a direct authorization of the employment of naval vessels and explorations and surveys of the supposed navigable waters of other nationalities on this continent, especially the tributaries of the two great rivers of South America, the Orinoco and the Amazon. Nothing prevents under existing laws such exploration except that expenditures must be made in such expeditions beyond those usually provided for in the appropriations. The field designated is unquestionably one of great interest and one capable of large development of commercial interests, advantageous to the peoples reached and to those who may establish relations with them. Education of the people entitled to exercise the right of franchise I regard essential to general prosperity everywhere and especially so in republics, where birth, education or previous condition does not enter into account in giving suffrage. Next to the public school, the post office is the great agent of education over our vast territory. The rapidity with which new sections are being settled, thus increasing the caring of males in a more rapid ratio than the increase of receipts, is not alarming. The report of the postmaster general herewith attached shows that there was an increase of revenue in his department in 1873 over the previous year of $1,674,411 and an increase of cost of carrying the males and paying employees of $3,41,468.91. The report of the postmaster general gives interesting statistics of his department and compares them with the corresponding statistics of a year ago showing a growth in every branch of the department. A postal convention has been concluded with New South Wales, an exchange of postal cards established with Switzerland and the negotiations pending for several years past with France have been terminated in a convention with that country which went into effect last August. An international postal congress was convened in Bern, Switzerland in September last at which the United States was represented by an officer of the post office department of much experience and of qualification for the position. A convention for the establishment of an international postal union was agreed upon and signed by the delegates of the country's represented subject to the approval of the proper authorities of those countries. I respectfully direct your attention to the report of the postmaster general and to his suggestions in regard to an equitable adjustment to the question of compensation to railroads for carrying the males. Your attention will be drawn to the unsettled condition of affairs in some of the southern states. On the 14th of September last, the Governor of Louisiana called upon me as provided by the Constitution and laws of the United States to aid in suppressing domestic violence in that state. This call was made in view of a proclamation issued on that day by D. B. Penn, claiming that he was elected Lieutenant Governor in 1872 and calling upon the militia of this state to arm, assemble, and drive from power the usurpers as he designated the officers of the state government. On the next day I issued my proclamation, commanding the insurgents to disperse within five days from the date thereof and subsequently learned that on that day they had taken forcible possession of the state house. Steps were taken by me to support the existing and recognized state government, but before the expiration of the five days the insurrectionary movement was practically abandoned and the officers of the state government, with some minor exceptions, resumed their powers and duties. Considering that the present state administration of Louisiana has been the only government in that state for nearly two years, that it has been tacitly acknowledged and acquiesced in as such by Congress and more than once expressly recognized by me, I regarded it as my clear duty when legally called upon for that purpose to prevent its overthrow by an armed mob under pretense of fraud and irregularity in the election of 1872. I have heretofore called the attention of Congress to this subject, stating that on account of the frauds and forgeries committed it said election and because it appears that the returns thereof were never legally canvassed it was impossible to tell thereby who were chosen, but from the best sources of information at my command I have always believed that the present state officers received a majority of the legal votes actually cast at that election. I repeat what I said in my special message of February 23rd 1873 that in the event of no action by Congress I must continue to recognize the government heretofore recognized by me. I regret to say that with preparations for the late election decided indications appeared in some localities in the southern states of a determination by acts of violence and intimidation to deprive citizens of the freedom of the ballots because of their political opinions. Bands of men masked and armed made their appearance. White leagues and other societies were formed. Large quantities of arms and ammunition were imported and distributed to these organizations. Militia drills with menacing demonstrations were held and with all these murders enough were committed to spread terror among those whose political action was to be suppressed, if possible, by these intolerant and criminal proceedings. In some places colored laborers were compelled to vote according to the wishes of their employers under threats of discharge if they acted otherwise and there are too many instances in which when these threats were disregarded they were remorselessly executed by those who made them. I understand that the 15th Amendment to the Constitution was made to prevent this and a like state of things and the act of May 31st 1870 with amendments was passed to enforce its provisions the object of both being to guarantee to all citizens the right to vote and to protect them in the free enjoyment of that right. And joined by the Constitution to take care that the laws be faithfully executed and convinced by undoubted evidence that violations of said act had been committed and that a widespread and flagrant disregard of it was contemplated the proper officers were instructed to prosecute the offenders and troops were stationed at convenient points to aid these officers if necessary in the performance of their official duties. Complaints are made of this interference by federal authority but if said amendment and act do not provide for such interference under the circumstances as above stated then they are without meaning force or effect and the whole scheme of coloured and franchisement is worse than mockery and little better than a crime. Possibly Congress may find it due to truth and justice to ascertain by means of a committee whether the alleged wrongs to coloured citizens for political purposes are real or the reports thereof were manufactured by the Constitution. The whole number of troops in the states of Louisiana, Alabama, Georgia, Florida, South Carolina, North Carolina, Kentucky, Tennessee, Arkansas, Mississippi, Maryland and Virginia at the time of the election was 4082. This embraces the garrisons of all the forts from the Delaware to the Gulf of Mexico. Another trouble has arisen in Arkansas. The Constitution of that state which was adopted in 1868 and upon the approval of which by Congress the state was restored to representation as one of the states of the Union provides in effect that before any amendments proposed to this Constitution shall become a part thereof they shall be passed by two successive assemblies and then submitted to and ratified by a majority of the electors of the state voting thereon. On the 11th of May 1874 Governor convened an extra session of the General Assembly of the state which on the 18th of the same month passed an act providing for a convention to frame a new Constitution. Pursuant to this act and at an election held on the 30th of June 1874 the convention was approved and delegates were chosen there too who assembled on the 14th of last July and framed a new Constitution the schedule of which provided for the election of an entire new set of state officers in a manner contrary to the then existing election laws of the state. On the 13th of October 1874 this Constitution, as therein provided was submitted to the people for their approval or rejection and according to the election returns was approved by a large majority of those qualified to vote thereon and at the same election persons were chosen to fill all the state, county and township offices. The Governor, elected in 1872 for the term of four years turned over his office to the Governor chosen under the new Constitution where upon the Lieutenant Governor also elected in 1872 for a term of four years claiming to act as Governor and alleging that said proceedings by which the new Constitution was made and a new set of officers elected were unconstitutional, illegal and void called upon me as provided in section four, article four of the Constitution to protect the state against domestic violence. As Congress is now investigating the political affairs of Arkansas I have declined to interfere. The whole subject of executive interference with the affairs of a state is repugnant to public opinion to the feelings of those who from their official capacity must be used in such interposition and to him or those who must direct. Unless most clearly on the side of law such interference becomes a crime with the law to support it it is condemned without a hearing. I desire therefore that all necessity for executive direction in local affairs may become unnecessary and obsolete. I invite the attention not of Congress, but of the people of the United States to the causes and effects of these unhappy questions. Is there not a disposition on one side to magnify wrongs and on the other side to belittle them or justify them? If public opinion could be directed to a correct survey of what is and to rebuking wrong and aiding the proper authorities in punishing it, a better state of feeling would be inculcated and the sooner we would have that peace which would leave the states free indeed to regulate their own domestic affairs. I believe on the part of our citizens of the southern states the better part of them would have this position to be law abiding and to do no violence either to individuals or to the laws existing. But do they do right in ignoring the existence of violence and bloodshed and resistance to constituted authority? I sympathize with their prostrate condition and would do all in my power to relieve them acknowledging that in some instances they have had most trying governments to live under and very oppressive ones in the way of taxation and nominal improvements not giving benefits equal to the hardships imposed but can they proclaim themselves entirely irresponsible for this condition? They cannot. Violence has been rampant in some localities and has either been justified or denied by those who could have prevented it. The theory is even raised that there is to be no further interference on the part of the general government to protect citizens within a state where authorities fail to give protection. This is a great mistake. While I remain executive all the laws of Congress and the provisions of the Constitution including the recent amendments added there too will be enforced with rigor but with regret that they should have added one jot or tittle to executive duties or powers. Let there be fairness in the discussion of southern questions the advocates of both parties giving honest truthful reports of occurrences condemning the wrong and upholding the right and soon all will be well. Under existing conditions the Negro votes the Republican ticket because he knows his friends are of that party. Many a good citizen votes the opposite not because he agrees with the great principles of state which separate parties but because generally he is opposed to Negro rule. This is an elusive cry. Treat the Negro as a citizen and a voter as he is and must remain and soon parties will be divided not on the color line but on principle. Then we shall have no complaint of sectional interference. The report of the Attorney General contains valuable recommendations relating to the administration of justice in the courts of the United States to which I invite your attention. Priority of increasing the number of judicial districts in the United States to 11 the present number being 9 and the creation of two additional judgeships. The territory to be traversed by the circuit judges is so great and the business of the courts are steadily increasing that it is growing more and more impossible for them to keep up with the business requiring their attention. Whether this would involve the necessity of adding two more justices of the Supreme Court to the present number in it to the judgment of Congress. The attention of Congress is invited to the report of the Secretary of the Interior and of the legislation asked for by him. The domestic interests of the people are more intimately connected with this department than with either of the other departments of the government. Its duties have been added to from time to time until they've become so onerous that without the most perfect system and order it will be impossible for the Secretary of the Interior to keep trace of all official transactions having his sanction and done in his name and for which he is held personally responsible. The policy adopted for the management of Indian affairs known as the peace policy has been adhered to with most beneficial results. It is confidently hoped that a few more years will relieve our frontiers from danger of Indian depredations. I commend the recommendation of the Secretary and the extension of the Homestead laws to the Indians and for some sort of territorial government for the Indian territory. A great majority of the Indians occupying this territory are believed yet to be incapable of maintaining their rights against the more civilized and enlightened white man. Any territorial form of government given them, therefore, should protect them in their homes and property for a period of at least 20 years and before its final adoption it is justified by a majority of those affected. The report of the Secretary of the Interior herewith attached gives much interesting statistical information which I abstain from giving an abstract of but refer you to the report itself. The act of Congress providing the oath which pensioners must subscribe to before drawing their pensions cuts off from this bounty a few survivors of the War of 1812 residing in the southern states. And the restoration of this bounty to all such. The number of persons whose names would thus be restored to the list of pensioners is not large. They are all old persons who could have taken no part in the rebellion and the services for which they were awarded pensions were in defence of the whole country. The report of the Commissioner of Agriculture herewith contains suggestions of much interest to the general public and refers to the sly approaching centennial and the part his department is ready to take in it. I feel that the nation at large is interested in having this exposition a success and commend to Congress such action as will secure a greater general interest in it. Already many foreign nations have signified their intention to be represented at it and it may be expected that every civilized nation will be represented. The rules adopted to improve the civil service of the government have been adhered to as closely as has been practicable with the opposition with which they meet. The effect I believe has been beneficial on the whole and has tended to the elevation of the service. But it is impracticable to maintain them without direct and positive support of Congress. Generally the support which this reform receives is from those who give it their support only to find fault when the rules are apparently departed from. Removals from office without preferring charges against parties removed are frequently cited as departures from the rules adopted and the retention of those against whom charges are made by irresponsible persons and without good grounds is also often condemned as a violation of them. Under these circumstances therefore I announce that if Congress adjourns without positive legislation on the subject of civil service reform I will regard such action as a disapproval of the system and will abandon it except so far as to fire examinations for certain appointees to determine their fitness. Competitive examinations will be abandoned. The gentlemen who have given their services without compensation as members of the board to devise rules and regulations for the government of the civil service of the country have shown much zeal and earnestness in their work and to them as well as to myself it will be a source of mortification if it is to be thrown away. But I repeat that it is impossible to carry the system to a successful issue without general approval and assistance and positive law to support it. I have stated that three elements of prosperity to the nation capital, labor, skilled and unskilled and the products of the soil still remain with us. To direct the employment of these is a problem deserving the most serious attention of Congress. If employment can be given to all the labor offering itself necessarily follows. I have expressed the opinion and repeated that the first requisite to the accomplishment of this end is the substitution of a sound currency in place of one of a fluctuating value. This secured there are many interests that might be fostered to the great profit of both labor and capital. How to induce capital to employ labor is the question. The subject of cheap transportation has occupied the attention of Congress. A large new light on this question will without doubt be given by the committee appointed by the last Congress to investigate and report upon this subject. A revival of shipbuilding and particularly of iron steamship building is of vast importance to our national prosperity. The United States is now paying over $100 million per annum for freight and passages on foreign ships to be carried abroad and expended in the employment sector. This is not a fair percentage of what should go to foreign vessels estimating on the tonnage and travel of each respectively. It is to be regretted that this disparity in the carrying trade exists and to correct it I would be willing to see a great departure from the usual course of government in supporting what might usually be termed private enterprise. I would not suggest as a remedy direct subsidy to American steamship would be a compensation for carrying the males between the Atlantic seaboard cities and the continent on American owned and American built steamers and would extend this liberality to vessels carrying the males to South American states and to Central America and Mexico and would pursue the same policy from our Pacific seaports to foreign seaports on the Pacific. It might be demanded that vessels built for this service should come up to a standard fixed by legislation on the tonnage, speed and all other qualities looking to the possibility of government requiring them at some time for war purposes. The right also of taking possession of them in such emergency should be guarded. I offer these suggestions believing them worthy of consideration in all seriousness affecting all sections and all interests alike. If anything better can be done to direct the country into a course of general prosperity, no one will second the plan. Forwarded herewith will be found the report of the commissioners appointed under an act of Congress approved June 20th, 1874 to wind up the affairs of district government. It will be seen from the report that the net debt of the District of Columbia less securities on hand and available is bonded debt issued prior to July 1st, 1874 $8,883,940 in 93 cents 3.65 bonds Act of Congress, June 20th, 1874 $2,088,168 in 73 cents certificates of the Board of Audit $4,770,558 and 45 cents End of section 9 Recording by Owen Cook in Pottawatomie Seated Land Section 10 of State of the Union Addresses 1869-1876 This is a LibriVox recording All LibriVox recordings are in the public domain. For more information or to volunteer, please visit LibriVox.org State of the Union Address Ulysses S. Grant December 7, 1875 Part 1 To the Senate and House of Representatives In submitting my 7th annual message to Congress in this centennial year of our national existence as a free and independent people it affords me great pleasure to recur to the advancement that has been made from the time of the colonies 100 years ago We were then a people numbering only 3 million Now we number more than 40 million Then industries were confined almost exclusively to the tillage of the soil Now, manufacturers absorb much of the labor of the country Our liberties remain unimpaired The bond men have been freed from slavery We have become possessed of the respect if not the friendship of all civilized nations Our progress has been great in all the arts in science, agriculture, commerce navigation, mining mechanics, law medicine, etc And in general education the progress is likewise encouraging Our 13 states have become 38 including Colorado which has taken the initiatory steps to become a state and 8 territories including the Indian Territory and Alaska and excluding Colorado making a territory extending from the Atlantic to the Pacific On the south we have extended to the Gulf of Mexico and in the west from the Mississippi to the Pacific 100 years ago the cotton gin the steamship the railroad the telegraph the reaping, sowing and modern printing machines and numerous other inventions of scarcely less value to our business and happiness were entirely unknown In 1776 manufacturers scarcely existed even in name in all this vast territory In 1870 more than 2 million persons were employed in manufacturers producing more than $2,100,000,000,000 of products in amount annually nearly equal to our national debt From nearly the whole of the population of 1776 being engaged in the one occupation of agriculture In 1770 so numerous and diversified had become the occupation of our people that less than 6 million out of more than 40 million were so engaged The extraordinary effort produced in our country by a resort to diversified occupations has built a market for the products of fertile lands distant from the seaboard and the markets of the world The American system of locating various and extensive manufacturers next to the plow and the pasture and adding connecting railroads and steamboats has produced in our distant interior country a result noticeable by the intelligent portions of all commercial nations The ingenuity and skill of American mechanics have been demonstrated at home and abroad in a manner most flattering to their pride but for the extraordinary genius and ability of our mechanics the achievements of our agriculturalists manufacturers and transporters throughout the country would have been impossible of attainment The progress of the miner has also been great Of coal our production has small now many millions of tons are mined annually so with iron which formed scarcely an appreciable part of our products half a century ago we now produce more than the world consumed at the beginning of our national existence Lead, zinc and copper from being articles of import we may expect to be large exporters in the near future The development of gold and silver mines in its states and territories has not only been remarkable but has had a large influence upon the business of all commercial nations Our merchants in the last hundred years have had a success and have established a reputation for enterprise, sagacity progress and integrity unsurpassed by peoples of older nationalities This good name is not confined to their homes but goes out upon every sea and into every port where commerce enters with equal pride we can point to our progress in all of the learned professions As we are now about to enter upon our second centennial commenting our manhood as a nation it is well to look back upon the past and study what will be best to preserve and advance our future greatness From the fall of Adam for his transgression to the present day no nation has ever been free from threatened danger to its prosperity and happiness We should look to the dangers threatening us and remedy them so far as lies in our power We are a republic where of one man is as good as another before the law Under such form of government it is of the greatest importance that all should be possessed of education and intelligence enough to cast a vote with a right understanding of its meaning A large association of ignorant men cannot for any considerable period oppose a successful resistance to tyranny and oppression from the educated few but will inevitably sink into acquiescence to the will of intelligence whether directed by the demagogue or by priestcraft Hence the education of the masses becomes of the first necessity for the preservation of our institutions They are worth preserving because they have secured the greatest good to the greatest education of the population of any form of government yet devised All of the forms of government approach it just in proportion to the general diffusion of education and independence of thought and action As the primary step therefore to our advancement and all that has marked our progress in the past century I suggest for your earnest consideration and most earnestly recommended that a constitutional amendment be submitted to the legislatures of the several states for ratification making it the duty of each of the several states to establish and forever maintain free public schools adequate to the education of all the children in the rudimentary branches within their respective limits irrespective of sex color, birthplace or religions forbidding the teaching in said schools of religious, atheistic or pagan tenets and prohibiting the granting of any school funds or school taxes or any part thereof either by legislative, municipal or other authority for the benefit or in aid directly or indirectly of any religious sect or denomination or in aid or for the benefit of any other object of any nature or kind whatever In connection with this important question I would also call your attention to the importance of correcting in the evil that if permitted to continue will probably lead to great trouble in our land before the close of the 19th century it is the accumulation of vast amounts of untaxed church property In 1850 I believe the church property of the United States which paid no tax, municipal or state amounted to about $83 million In 1860 the amount had doubled In 1875 it is about $1 billion $1 billion By 1900 without check it is safe to say this property will reach a sum exceeding $3 billion So vast a sum receiving all the protection and benefits of government without bearing its proportion of the burdens and expenses of the same will not be looked upon acquiescently by those who have to pay the taxes in a growing country where real estate enhances so rapidly with time as in the United States there is scarcely a limit to the wealth that may be acquired by corporations religious or otherwise if allowed to retain real estate without taxation The contemplation of so vast a property as here alluded to without taxation may lead to sequestration without constitutional authority and through blood I would suggest the taxation of all property equally whether church or corporation exempting only the last resting place of the dead and possibly with proper restrictions church edifices Our relations with most of the foreign powers continue on a satisfactory and friendly footing Increased intercourse the extension of commerce and the cultivation of mutual interests have steadily improved our relations with the large majority of the powers of the world Rendering practicable the peaceful solution of questions which from time to time necessarily arise in few which demand extended or particular notice The correspondence of the Department of State with our diplomatic representatives abroad is transmitted herewith I am happy to announce the passage of an act by the general Cortez of Portugal proclaimed since the adjournment of Congress for the abolition of servitude in the Portuguese colonies It is to be hoped that such legislation may be another step toward the great consummation to be reached when no man shall be permitted directly or indirectly under any guy's excuse or form of law to hold his fellow man in bondage I am of opinion also that it is the duty of the United States as contributing toward that end and required by the spirit of the age in which we live to provide by suitable legislation that no citizen of the United States shall hold slaves as property in any other country or be interested therein Chile has made reparation in the case of the Whaleship good return seized without sufficient cause upward of forty years ago though she had hitherto denied her accountability the denial was never acquiesced by this government and the justice of the claim has been so earnestly contended for that it has been gratifying that she should have at last acknowledged it the arbitrator in the case of the United States steamer Montejo for the seizure and detention of which the government of the United States of Columbia was held accountable has decided in favor of the claim this decision has settled a question which had been pending for several years and which while a continued open might more or less disturb the good understanding which it is desirable should be maintained between the two republics a reciprocity treaty with the king of the Hawaiian Islands was concluded since as it contains a stipulation that it shall not take effect until Congress shall enact the proper legislation for that purpose copies of the instrument are herewith submitted in order that if such should be the pleasure of Congress the necessary legislation upon the subject may be adopted in March last an arrangement was made through Mr. Cushing our minister in Madrid government for the payment by the latter to the United States of the sum of $80,000 in coin for the purpose of the relief of the families or persons of the ships company and certain passengers of the Virginia this sum was to have been paid in three installments at two months each it is due to the Spanish government that I should state that the payments were fully and spontaneously anticipated by that government and that the whole amount was paid within but a few days more than two months from the date of the agreement a copy of which is herewith transmitted in pursuance of the terms of the adjustment I have directed the distribution of the amount among the parties entitled there too including the ships company and such of the passengers as were American citizens payments are made accordingly on the application by the parties entitled there too the past year has furnished no evidence of an approaching termination of the ruinous conflict which has been raging for seven years in the neighboring island of Cuba the same disregard of the laws of civilized warfare and of the just demands of humanity which is here to forecalled forth expressions of condemnation from the nations of Christendom has continued to blacken the sad scene desolation ruin and pillage are pervading the rich fields of one of the most fertile and productive regions of the earth and the incendiaries torch firing plantations and valuable factories and buildings is the agent marking the ultimate or retreat of contending parties the protracted continuance of this strife seriously affects the interests of all commercial nations but those of the united states more than others by reason of close proximity its larger trade and intercourse with Cuba and the frequent and intimate personal and social relations which have grown up between its citizens and those of the island moreover the property of our citizens in Cuba is large and is rendered insecure and depreciated in value and incapacity of production by the continuance of the strife and the unnatural mode of its conduct the same is true differing only in degree with respect to the interests and people of other nations and the absence of any reasonable assurance of a near termination of the conflict must of necessity soon compel the states thus suffering to consider what the interests of their own people and their duty toward themselves may demand I have hoped that Spain would be enabled to establish peace in her colony to afford security to the property in the interests of our citizens and allow legitimate scope to trade and commerce and the natural productions of the island because of this hope and from an extreme reluctance to interfere in the most remote manner in the affairs of another and a friendly nation especially of one whose sympathy and friendship in the struggling infancy of our own existence must ever be remembered with gratitude I have patiently and anxiously waited for the progress of events our own civil conflict is too recent for us not to consider the difficulties which surround a government distracted by a dynastic rebellion at home at the same time that it has to cope with a separate insurrection in a distant colony but whatever causes may have produced the situation which so grievously affects our interests it exists and evils operating directly upon the country and its people thus far all the efforts of Spain have proved abortive and time has marked no improvement in this situation the armed bands of either side now occupy nearly the same ground as in the past with the difference from time to time of more lives sacrificed more property destroyed and wider extents of fertile and productive fields and more and more valuable property constantly wantonly sacrificed to the incendiary's torch in contests of this nature where a considerable body of people who have attempted to free themselves of the control of the superior government have reached such a point in occupation of territory and power and in general organization is to constitute in fact a body politic having a government in substance as well as in name possessed of the elements of stability and equipped with the machinery for the administration of internal policy and the execution of its laws prepared and able to administer justice at home as well as in its dealings with other powers it is within the province of those other powers to recognize its existence as a new and independent nation in such cases other nations simply deal with an actually existing condition of things and recognizes one of the powers of the earth the body politic which possessing the necessary elements has in fact become a new power in a word the creation of a new state is a fact to establish the conditions of things essential to the recognition of this fact there must be a people occupying a known territory united under some known and defined form of government acknowledged by those subject there too in which the functions of government are administered by usual methods competent to meet out justice to citizens and strangers to afford remedies for public and for private wrongs and able to assume the correlative international obligations and capable of performing the corresponding international duties resulting from its acquisition of the rights of sovereignty a power should exist complete in its organization ready to take and able to maintain its place among the nations of the earth while conscious that the insurrection in Cuba has shown a strength and endurance which make it at least doubtful whether it be in the power of Spain to subdue it it seems unquestionable that no such civil organization exists which may be recognized as an independent government capable of performing its international obligations and entitled to be treated as one of the powers of the earth a recognition under such circumstances would be inconsistent with the facts and would compel the power granting it soon to support by force the government to which it had really given its only claim of existence in my judgment the United States should adhere to the policy and the principles which have heretofore been its shore in safe guides in like contests between revolted colonies and their mother country and acting only upon the clearest evidence should avoid any possibility of suspicion or of imputation a recognition of the independence of Cuba being in my opinion impractical and indefensible the question which next presents itself is that of the recognition of belligerent rights in the parties to the contest in a former message to Congress I had the occasion to consider this question and reached the conclusion that the conflict in Cuba dreadful and devastating as where its incidents did not rise to the fearful dignity of war regarding it now after this lapse of time I am unable to see that any notable success or any market or real advance on the part of the insurgents has essentially changed the character of the contest it has acquired greater age but not greater or more formidable proportions it is possible that the acts of foreign powers and even acts of Spain herself of this very nature might be pointed to in defense of such recognition but now as in its past history the United States should carefully avoid the false lights which might lead it into the mazes of doubtful law and of questionable propriety and adhere rigidly and sternly to the rule which has been its guide of doing only that which is right and honest and of good report the question of according or of withholding rights of belligerency must be judged in every case in view of the particular attending facts unless justified by necessity it is always and justly regarded as an unfriendly act and a gratuitous demonstration of moral support to the rebellion it is necessary and it is required when the interests and rights of another government or of its people are so far affected by a pending civil conflict as to require a definition of its relations to the parties there too this conflict must be one which will be recognized in the sense of international law as war belligerence too is a fact the mere existence of contending armed bodies and their occasional conflicts do not constitute war in the sense referred to applying to the existing condition of affairs in Cuba the tests recognized by publicists and writers on international law and which have been observed by nations of dignity honesty and power when free from sensitive or selfish and unworthy motives I fail to find in the insurrection the existence of such a substantial political organization real palpable and manifest to the world having the forms incapable of the ordinary functions of government toward its own people and to other states with courts for the administration of justice with a local habitation possessing such organization of force, such material such occupation of territory as to take the contest out of the category of a mere rebellious insurrection or occasional skirmishes and place it on the terrible footing of war to which a recognition of belligerency would aim to elevate it the contest moreover is solely on land the insurrection has not possessed itself of a single seaport whence it may send forth its flag nor has it any means of communication with foreign powers except through the military lines of its adversaries no apprehension of any of these sudden and difficult complications which a war upon the ocean is apt to precipitate upon the vessels both commercial and national and open to the consular offices of other powers calls for the definition of their relations to the parties to the contest considered as a question of expediency I regard the accordance of belligerent rights still to be as unwise and premature is I regarded to be at present indefensible as a measure of right such recognition entails upon the country according the rights which flow from it difficult and complicated duties and requires the exaction from the contending parties of the strict observance of their rights and obligations it confers the right of search upon the high seas by vessels of both parties it would subject the carrying of arms and munitions of war which now may be transported freely and without interruption in the vessels of the United States to detention and to possible seizure it would give rise to countless vexatious questions would release the parent government from responsibility for acts done by the insurgents and would invest Spain with the right to exercise the supervision recognized by our treaty of 1795 over our commerce on the high seas a very large part of which in its traffic between the Atlantic and the Gulf States and between all of them in the states on the Pacific passes through the waters which wash the shores of Cuba the exercise of this supervision could scarce fail to lead if not to abuses certainly to collisions perilous to the peaceful relations of the two states there can be little doubt to what result such supervision would be for long draw this nation it would be unworthy of the United States to inaugurate the possibilities of such result by measures of questionable right or expediency or by any indirection apart from any question of theoretical right I am satisfied that while the accordance of belligerent states to the insurgents in Cuba might give them a hope and an inducement to protract the struggle it would be but a delusive hope and would not remove the evils which this government and its people are experiencing but would draw the United States into complications which it has waited long and already suffered much to avoid the recognition of independence or of belligerency being thus in my judgment equally inadmissible it remains to consider what course shall be adopted should the conflict not soon be brought to an end by acts of the parties themselves and should the evils which result there from effecting all nations and particularly the United States continue in such event I am of the opinion that other nations will be compelled to assume the responsibility which devolves upon them and to seriously consider the only remaining measures possible mediation and intervention owing perhaps to the large expanse of water separating the island from the peninsula the want of harmony and of personal sympathy between the inhabitants of the colony and those sent thither to rule them and want of adaptation of the ancient colonial system of Europe to the present times and to the ideas which the event of the past century have developed the contending parties appear to have within themselves no depository of common confidence to suggest wisdom when passion and excitement have their sway and to assume the part of peacemaker in this view in the earlier days of the contest the good offices of the United States as a mediator were tendered in good faith without any selfish purpose in the interest of humanity and in sincere friendship for both parties but were at the time declined by Spain with the declaration nevertheless that at a future time they would be indispensable no intimation has been received that in the opinion of Spain that time has been reached and yet the strife continues with all its dread horrors and all its injuries to the interests of the United States and of other nations each party seems quite capable of working great injury and damage to the other as well as to all the relations and interests dependent on the existence of peace in the island but they seem incapable of reaching any adjustment and both have thus far failed of achieving any success whereby one party shall possess and control the island to the exclusion of the other under these circumstances the agency of others either by mediation or by intervention seems to be the only alternative which must sooner or later be invoked for the termination of the strife at the same time while thus impressed I do not at this time recommend the adoption of any measure of intervention I shall be ready at all times and as the equal friend of both parties to respond to a suggestion that the good offices of the United States will be acceptable to aid in bringing about a peace honorable to both it is due to Spain so far as this government is concerned that the agency of a third power to which I have averted shall be adopted only as a last expedient had it been the desire of the United States to interfere in the affairs of Cuba repeated opportunities for doing so have been presented within the last few years but we have remained passive and have performed our whole duty and all international obligations to Spain with friendship fairness and fidelity and with a spirit of patience and forbearance which negatives every possible suggestion of desire to interfere or to add to the difficulties with which she has been surrounded the government of Spain has recently submitted to our minister at Madrid certain proposals which it is hoped may be found to be the basis if not the actual submission of terms to meet the requirements of the particular griefs of which this government has felt itself entitled to complain these proposals have not yet reached me in their full text on their arrival they will be taken into careful examination and may I hope lead to a satisfactory adjustment of the questions to which they refer and remove the possibility of future occurrences such as have given rise to our just complaints it is understood also that renewed efforts are being made to introduce reforms in the internal administration of the island persuaded however that a proper regard for the interests of the United States and of its citizens entitles it to relief from the strain to which it has been subjected by the difficulties of the questions and the wrongs and losses which arise from the contest in Cuba and that the interests of humanity itself demand the cessation of the strife before the whole island shall be laid waste and larger sacrifices of life be made I shall feel it my duty should my hopes of a satisfactory adjustment and of the early restoration of peace and the removal of future causes of complaint unhappily disappointed to make a further communication to Congress at some period not far remote and during the present session recommending what may then seem to me to be necessary the free zone so called several years since established by the Mexican government in certain states of that Republic adjacent to our frontier remains in full operation it has always been materially injurious to honest traffic for it operates as an incentive to traders in Mexico to supply without customs charges the wants of inhabitants on this side of the line and prevents the same wants from being supplied by merchants of the United States thereby to a considerable extent defrauding our revenue and checking honest commercial enterprise depredations by armed bands from Mexico on the people of Texas near the frontier continue though the main object of these incursions is robbery they frequently result in the murder of unarmed and peaceably disposed persons and in some instances even the United States post offices and mail communications have been attacked renewed remonstrances upon this subject have been addressed to the Mexican government but without much apparent effect the military force of this government disposable for service in that quarter is quite inadequate to effectively guard the line even at those points where the incursions are usually made an experiment of an armed vessel on the Rio Grande for that purpose is on trial and it is hoped that if not thwarted by the shallowness of the river and other natural obstacles it may materially contribute to the protection of the herdsmen of Texas the proceedings of the joint commission under the convention between the United States and Mexico of the 4th of July 1868 on the subject of claims will soon be brought to a close the result of these proceedings will then be communicated to Congress I am happy to announce that the government of Venezuela has upon further consideration practically abandoned its objection to pay to the United States that share of its revenue which some years since it allotted toward the extinguishment of the claims of foreigners generally in thus reconsidering its determination that government has shown a just sense of self-respect which cannot fail to reflect credit upon it in the eyes of all disinterested persons elsewhere it is to be regretted however that its payments on account of claims of citizens of the United States are still so meager in amount and that the stipulations of the treaty in regard to the sums to be paid and the periods when those payments were to take place should have been so signally disregarded since my last annual message the exchange has been made of the ratification of a treaty of commerce and navigation with Belgium and of conventions with the Mexican Republic for the further extension of the Joint Commission respecting claims with the Hawaiian Islands for commercial reciprocity and with the Ottoman Empire for extradition all of which have been duly proclaimed the court of commissioners of Alabama claims has prosecuted its important duties very assiduously and very satisfactorily it convened and it was organized on the 22nd day of July 1874 and by the terms of the act under which it was created was to exist for one year at that date the act provided however that should it be found impracticable to complete the work of the court before the expiration of the year the president might by proclamation extend the time of its duration to a period not more than six months beyond the expiration of the one year having received satisfactory evidence that it would be impracticable to complete the work within the time originally fixed I issued a proclamation a copy of which is presented herewith extending the time of duration of the court for a period of six months from and after the 22nd day of July last a report made through the clerk of the court communicated herewith shows the condition of the calendar on the 1st of November last a large amount of work which has been accomplished 1382 claims have been presented of which 682 have been disposed of at the date of the report I am informed that 170 cases were decided during the month of November arguments are being made and decisions given in the remaining cases with all the dispatch consistent with the proper consideration of the questions submitted many of these claims are in behalf of mariners or depend on the evidence of mariners whose absence has delayed the taking or the return of the necessary evidence it is represented to me that it will be impracticable for the court to finally dispose of all the cases before it within the present limit of its duration justice to the parties claimant who have been at large expense in preparing their claims and obtaining the evidence in their support suggest a short extension to enable the court to dispose of all the claims which have been presented I recommend the legislation which may be deemed proper to enable the court to complete the work before it I recommend that some suitable provision be made by the creation of a special court or by conferring the necessary jurisdiction upon some appropriate tribunal for the consideration and determination of the claims of aliens against the government of the united states which have arisen within some reasonable limitation of time or which may here after arise excluding all claims barred by treaty provisions or otherwise it has been found impossible to give proper consideration to these claims by the executive department of the government such a tribunal would afford an opportunity to aliens other than British subjects to present their claims on account of acts committed against their persons or property during the rebellion as also to those subjects of Great Britain whose claims having arisen subsequent to the 9th day of April 1865 could not be presented to the late commission organized pursuant to the provisions of the treaty of Washington the electric telegraph has become an essential and indispensable agent in the transmission of business and social messages its operation on land and within the limit of particular states is necessarily under the control of the jurisdiction within which it operates the lines on the high seas however are not subject to the particular control of any one government in 1869 a concession was granted by the French government to a company which proposed to lay a cable from the shores of France to the united states at that time there was a telegraphic connection between the united states and the continent of Europe through the possessions of Great Britain at either end of the line under the control of an association which had at large outlay of capital and at great risk demonstrated the practicability of maintaining such means of communication the cost of correspondence by this agency was great possibly not too large but it was time for a proper remuneration for so hazardous and so costly an enterprise it was however a heavy charge upon a means of communication which the progress in the social and commercial intercourse of the world found to be a necessity and the obtaining of this French concession showed that other capital than the already invested was ready to enter into competition with assurance of adequate return for their outlay impressed with the conviction that the interests not only of the people of the united states but of the world at large demanded or would demand the multiplication of such means of communication between separated continents I was desirous that the proposed connection should be made but certain provisions of this concession were deemed by me to be objectionable particularly one which gave for a long term of years the exclusive right of telegraphic communication by submarine cable between the shores of France and the united states I could not concede that any power should claim the right to land a cable on the shores of the united states and at the same time deny to the united states or to its citizens or grantees an equal right to land a cable on its shores the right to control the conditions for the laying of the cable within the jurisdictional waters of the united states to connect our shores with those of any foreign state pertains exclusively to the government of the united states under such limitations and conditions as congress may impose in the absence of legislation by congress I was unwilling on the one hand to yield to a foreign state the right to say that its grantees might land on our shores while it denied a similar right to our people to land on its shores and on the other hand I was reluctant to deny to the great interests of the world and of civilization the facilities of such communications as were proposed I therefore withheld any resistance to the landing of the cable on condition that the offensive monopoly feature of the concession be abandoned and that the right of any cable which may be established by authority of this government to land upon french territory and to connect with french land lines and enjoy all the necessary facilities or privileges incident to the use thereof upon as favorable terms as any other company be conceded as the result thereof the company in question renounced the exclusive privilege and the representative of France was informed that understanding this relinquishment to be construed as granting the entire reciprocity and equal facilities which had been demanded to the landing of the cable was withdrawn the cable under this french concession was landed in the month of july 1869 and has been an efficient and valuable agent of communication between this country and the other continent it soon passed under the control however of those who had the management of the cable connecting great britain with this continent and thus whatever benefit to the public might have ensued from competition between the two lines was lost leaving only the greater facilities of an additional line and the additional security in case of accident to one of them but these increased facilities and this additional security together with the control of the combined capital of the two companies gave also greater power to prevent the future construction of other lines and to limit the control of telegraphic communication between the two continents to those possessing the lines already laid within a few months passed a cable has been laid known as the united states direct cable company connecting the united states directly with great britain as soon as this cable was reported to be laid and in working order the rates of then existing consolidated companies were greatly reduced soon however a break was announced in this new cable and immediately the rates of the other line which had been reduced were again raised the cable being now repaired the rates appear not to be reduced by either line from those formally charged by the consolidated companies there is reason to believe that large amounts of capital both at home and abroad are ready to seek profitable investment in the advancement of this useful and most civilizing means of intercourse and correspondence they await however the assurance of the means and conditions on which they may safely be made tributary to the general good as these cable telegraph lines connect separate states there are questions as to their organization and control which probably can be best if not solely settled by conventions between the respective states in the absence however of international conventions on the subject municipal legislation may secure many points which appear to me important if not indispensable to the protection of the public against the extortions which may result from a monopoly of the right of operating cable telegrams or from a combination between several lines one no line should be allowed to land on the shores of the united states under the concession from another power which does not admit the right of any other line or lines formed in the united states and freely connect with and operate through its land lines two no line should be allowed to land on the shores of the united states which is not by treaty stipulation with the government from whose shores it proceeds or by prohibition in its charter or otherwise to the satisfaction of this government prohibited from consolidating or amalgamating another cable telegraph line or combining therewith with the purpose of regulating and maintaining the cost of telegraphing three all lines should be bound to give precedence in the transmission of the official messages of the governments of the two countries between which it may be laid four a power should be reserved to the two governments either conjointly or to each as regards the messages dispatched from its shores to fix a limit to the charges to be demanded for the transmission of messages I present this subject to the earnest consideration of congress in the meantime and unless congress otherwise direct I shall not oppose the landing of any telegraphic cable which complies with and assents to the points above of enumerated but will feel it my duty to prevent the landing of any which does not conform to the first and second points as stated and which will not stipulate to concede to this government the precedence in the transmission of its official messages and will not enter into a satisfactory arrangement with regard to its charges end of part one end of section 10