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A Compilation of the Messages and Papers of the Presidents Volume 7, part 1: Ulysses S. Grant online

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failing to appear from the records of the War Department that he served
in any other company than that last named.

I am, sir, very respectfully, your obedient servant,

J.A. BENTLEY, _Commissioner_.



EXECUTIVE MANSION, _July 20, 1876_.

_To the House of Representatives_:

I have the honor to return herewith without my approval House bill No.
2684, entitled "An act to amend sections 3946, 3951, and 3954 of the
Revised Statutes."

It is the judgment of the Postmaster-General, whose report accompanies
this message, that if this bill should become a law in its present form
it would fail to give effect to its provisions. The remedial suggestions
in his report are respectfully recommended to your attention,

U.S. GRANT.



POST-OFFICE DEPARTMENT, _Washington, D.C., July 19, 1876_.

The PRESIDENT OF THE UNITED STATES,

_Washington, D.C._

SIR: I have the honor to return herewith House bill No. 2684, "to amend
sections 3946, 3951, and 3954 of the Revised Statutes," with the
following objections thereto:

The sections of the Revised Statutes which this bill proposes to amend
were substantially repealed by the twelfth section of the act entitled
"An act making appropriations for the service of the Post-Office
Department for the fiscal year ending June 30, 1875, and for other
purposes," approved June 23, 1874. The sections of the Revised Statutes
numbered as indicated in the bill were enacted as sections 246 and 251
of the "act to revise, consolidate, and amend the statutes relating to
the Post-Office Department," approved June 8, 1872. These sections were
subsequently embodied in the revision of the statutes.

If the accompanying bill should become a law in its present form, it
would, in my judgment, fail to give effect to its provisions. The bill
is a very important one for the service of the Post-Office Department.
Efforts have been made for four or five years past to induce Congress to
pass just such a law. To break up the vicious system of straw bidding,
this bill would be very valuable, and I regret exceedingly that a
mistake should have been made in the title and enacting clause which
will render its provisions inoperative.

I therefore suggest that the attention of the House in which it
originated shall be called to the defects in the bill explained above;
and to enable that body to understand very fully what, in my judgment,
would be required to perfect it, I would suggest that the title should
read "A bill to amend subsections 246 and 251 of section 12 of an
act entitled 'An act making appropriations for the service of the
Post-Office Department for the fiscal year ending June 30, 1875, and for
other purposes,' approved June 23, 1874, and also to amend section 3954
of the Revised Statutes," and that the enacting clause of the bill
should be changed in conformity therewith.

I have the honor to be, with great respect, your obedient servant,

JAS. N. TYNER, _Postmaster-General_.



EXECUTIVE MANSION, _August 14, 1876_.

_To the House of Representatives_:

For the reason stated in the accompanying communication, submitted to me
by the Secretary of War, I have the honor to return herewith without my
approval House bill No. 36, entitled "An act to restore the name of
Captain Edward S. Meyer to the active list of the Army."

U.S. GRANT.



WAR DEPARTMENT, _Washington, D.C., August 4, 1876_.

The PRESIDENT.

SIR: I have the honor to return House bill No. 36, "to restore the name
of Captain Edward S. Meyer to the active list of the Army," and beg to
invite your attention to the inclosed report of the Adjutant-General of
this date, stating objections to the approval of the bill.

Very respectfully, your obedient servant,

J.D. CAMERON, _Secretary of War_.



ADJUTANT-GENERAL'S OFFICE, _August 4, 1876_.

Respectfully returned to the Secretary of War.

Edward S. Meyer served as a private in the Fourth Ohio Volunteers (three
months) from May 4, 1861, to August 18, 1861. He again enlisted as
private, Nineteenth Ohio Volunteers, September 10, 1861; was promoted
first lieutenant November 1, 1861, and resigned September 27, 1862. He
was commissioned captain, One hundred and seventh Ohio Volunteers,
November 11, 1862; was wounded at Chancellorsville, Va., May 2, 1863,
and discharged for physical disability January 1, 1865. He was again
mustered into service February 8, 1865, as major, Fifth United States
Veteran Volunteers (Hancock's Corps), and mustered out March 20, 1866.
Was brevetted lieutenant-colonel, colonel, and brigadier-general of
volunteers March 13, 1865.

He was appointed captain, Thirty-fifth United States Infantry, July 28,
1866; became unassigned August 12, 1869; assigned to Nineteenth Infantry
August 5, 1870, and transferred to Ninth Cavalry January 1, 1871.
Retired August 24, 1872.

July 8, 1869, Captain Meyer applied for retirement on account of wounds
received at Chancellorsville May 2, 1863, by which he was incapacitated
for active service. No action was then had on the request, pending
action by Congress reducing the Army.

October 6, 1869, he asked to be placed on waiting orders, being unfit
for duty, and no possibility of improvement without going North. He was
accordingly relieved from duty and ordered home to await orders.

December 18, 1869, he called on the Secretary of War and asked to be
assigned to duty.

January 4, 1870, he again applied to be assigned to duty with some
regiment on the frontier, stating that his wound had healed, etc.,
and asking to withdraw his previous request for retirement. This was
accompanied by a similar request from his father, Mr. S. Meyer, of Ohio.

July 29, 1870, he applied the third time to withdraw application for
retirement and to be assigned to duty. On January 1, 1871, in accordance
with his repeated requests to be assigned to duty, he was assigned to
the Ninth Cavalry, serving in Texas. He joined the regiment, and on
March 4, 1872, he renewed his former request to be ordered before a
retiring board, stating that he found his injuries would not allow him
to remain on duty on the frontier; that his disability was constantly
increasing, etc. The medical director of the department approved the
request, and added that Captain Meyer's wounds certainly unfitted him
for service on the frontier.

April 13, 1872, Senator Sherman joined in requesting retirement of
Captain Meyer. He was ordered before the retiring board and on August
20, 1872, was examined.

The board found Captain Meyer "incapacitated for active service, and
that said incapacity results from a gunshot wound received in his lower
jaw at the battle of Chancellorsville, Va., May 2, 1863," when captain
in One hundred and seventh Ohio Volunteers. He was retired in accordance
with the finding.

March 21 and December 6, 1873, Captain Meyer asked restoration to active
service and reappointment as a captain of cavalry, which application was
disapproved by the General of the Army.

Pending the action on the bill before Congress no reports were called
for as to the official facts of record in the War Department, and no
evidence has been filed in this office showing that he has sufficiently
recovered.

The absence of such evidence and the fact that after one assignment to
active duty he has failed to be sufficiently recovered are submitted as
objections why the bill should not be approved.

E.D. TOWNSEND, _Adjutant-General_.



EXECUTIVE MANSION, _August 15, 1876_.

_To the House of Representatives_:

I herewith return House bill No. 4085 without my approval. The repeal of
the clause in the original bill for paving Pennsylvania avenue fixing
the time for the completion of the work by December 1, 1876, is
objectionable in this, that it fixes no date when the work is to be
completed.

Experience shows that where contractors have unlimited time to complete
any given work they consult their own convenience, and not the public
good. Should Congress deem it proper to amend the present bill in such
manner as to fix the date for the completion of the work to be done by
any date between December 1 and the close of my official term, it will
receive my approval.

U.S. GRANT.



EXECUTIVE MANSION, _August 15, 1876_.

_To the Senate of the United States_:

For the reasons stated in the accompanying communication, submitted to
me by the Acting Secretary of the Interior, I have the honor to return
herewith without my approval Senate bill No. 779, entitled "An act to
provide for the sale of a portion of the reservation of the confederated
Otoe and Missouria and the Sacs and Foxes of the Missouri tribes of
Indians, in the States of Kansas and Nebraska."

U.S. GRANT.



DEPARTMENT OF THE INTERIOR, _Washington, D.C., August 14, 1876_.

The PRESIDENT.

SIR: I have the honor to return herewith the bill (S. No. 779) entitled
"An act to provide for the sale of a portion of the reservation of the
confederated Otoe and Missouria and the Sacs and Foxes of the Missouri
tribes of Indians, in the States of Kansas and Nebraska," and to invite
your attention to the inclosed copy of a letter this day addressed to me
by the Commissioner of Indian Affairs, stating that the bill, in his
opinion, should not become a law.

I fully concur in the opinion expressed by the Commissioner, and for the
reasons stated in his letter do not feel at liberty to recommend your
approval of the bill. I have the honor to be, with great respect, your
obedient servant,

CHAS. T. GORHAM, _Acting Secretary_.



DEPARTMENT OF THE INTERIOR,

OFFICE OF INDIAN AFFAIRS,

_Washington, D.C., August 14, 1876_.

The HONORABLE SECRETARY OF THE INTERIOR.

SIR: I have the honor to return herewith, in accordance with your verbal
request, a bill entitled "An act to provide for the sale of a portion of
the reservation of the confederated Otoe and Missouria and the Sacs and
Foxes of the Missouri tribes of Indians, in the States of Kansas and
Nebraska," with my views thereon, the same having passed both Houses of
Congress and now awaits the approval of the President.

Your attention is respectfully invited to the act of June 10, 1872 (17
U.S. Statutes at Large, p. 391), which provides for the sale of these
reservations, or a portion of them. The whole of both these reservations
has been surveyed, a portion in accordance with this act of Congress and
the remainder with a view to the allotment of lands to the Indians.

The second section of the bill provides for the appraisement of the
whole reservation, while the third section authorizes the sale of a
portion not exceeding 120,000 acres, a portion of which is in Kansas.

The bill authorizes the sale of that portion lying in Kansas through the
land office located at Beatrice, Nebr. No provision is made for the
relief of such Indians, if any there be, who may have settled upon the
portion authorized to be sold, and who may have made improvements
thereon. Moreover, in fulfillment of treaty obligations, the assent of
the Indians to the operations of the whole bill, and not simply to the
first section, should be required, as in the case of the Menominees (16
U.S. Statutes at Large, p. 410). In my opinion, this bill should not
receive the approval of the President.

I have the honor to be, very respectfully, your obedient servant,

J.Q. SMITH, _Commissioner_.



[The Senate proceeded, as the Constitution prescribes, to reconsider
the said bill returned by the President of the United States with his
objections, and pending the question, Shall the bill pass, the
objections of the President of the United States to the contrary
notwithstanding? the following message was received:]


EXECUTIVE MANSION, _August 15, 1876_,

_To the Senate of the United States_:

Upon further investigation I am convinced that my message of this date,
withholding my signature from Senate bill No. 779, entitled "An act to
provide for the sale of a portion of the reservation of the confederated
Otoe and Missouria and the Sacs and Foxes of the Missouri tribes of
Indians, in the States of Kansas and Nebraska," was premature, and I
request, therefore, that the bill may be returned, in order that I may
affix my signature to it.

U.S. GRANT.

[A motion to refer the last message to the Committee on Privileges
and Elections was, after debate, determined in the negative; and the
question recurring, Shall the bill pass, the objections of the President of
the United States to the contrary notwithstanding? it was determined in
the affirmative - yeas 36, nays 0.]



EXECUTIVE MANSION, _August 15, 1876_.

_To the Senate of the United States_:

For the reasons presented in the accompanying communications, submitted
by the Secretary of War, I have the honor to return herewith without my
approval Senate bill No. 561, entitled "An act for the relief of Major
Junius T. Turner."

U.S. GRANT.



WAR DEPARTMENT, _Washington City, August 14, 1876_.

The PRESIDENT.

SIR: I have the honor to return Senate bill 561, "for the relief of
Major Junius T. Turner," with copy of the report of the Adjutant-General
of this date, stating objections to the approval of the bill.

Very respectfully, your obedient servant,

J.D. CAMERON, _Secretary of War_.



WAR DEPARTMENT,

ADJUTANT-GENERAL'S OFFICE,

_August 14, 1876_.

Respectfully returned to the Secretary of War.

The following objections exist to this bill becoming a law:

The bill as passed both Houses awards "such sum as shall equal the
travel pay of a captain of volunteers from Washington, D.C., to San
Francisco, Cal.," whereas at the date of the discharge of Junius T.
Turner he was a private of Company B, California Battalion, Second
Massachusetts Cavalry, and not a commissioned officer.

Aside from this, under the established regulations and rulings of the
Treasury and War Departments, "a soldier, on receiving and accepting
a commission as a company officer, is not entitled to traveling
allowances." A departure from this rule, heretofore adhered to, would
open up a very wide field for similar claims.

Private Junius T. Turner, Second Massachusetts Cavalry, was discharged
by way of favor March 28, 1864, to accept promotion as second
lieutenant, Third Maryland Cavalry, and was mustered as of that grade in
said regiment March 29, 1864.

He was honorably discharged September 7, 1865, as captain, Third
Maryland Cavalry, as set forth in the inclosed official copy of a
letter[113] from this office, dated June 7, 1876, to Hon. C.D. MacDougall,
M.C., of Committee on Military Affairs, House of Representatives.

E.D. TOWNSEND, _Adjutant-General_.

[Footnote 113: Omitted.]



[The Senate proceeded, as the Constitution prescribes, to reconsider
the said bill returned by the President of the United States with
his objections, and pending the question, Shall the bill pass, the
objections of the President of the United States to the contrary
notwithstanding? it was ordered that the message be referred to the
Committee on Military Affairs. At the next (second) session of the
Forty-fourth Congress the following message was received:]


EXECUTIVE MANSION, _January 12, 1877_.

_To the Senate of the United States_:

On the eve of the adjournment of the last session of Congress I returned
to the Senate bill No. 561, entitled "An act for the relief of Major
Junius T. Turner," with my objections to its becoming a law. I now
desire to withdraw those objections, as I am satisfied they were made
under a misapprehension of the facts.

U.S. GRANT.

[This message was also referred to the Committee on Military Affairs,
which committee, on February 13, 1877, reported to the Senate a
recommendation that the bill do pass, the objections of the President of
the United States to the contrary notwithstanding. No action was taken.]




PROCLAMATIONS.


BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas by the first section of an act entitled "An act to authorize the
President to accept for citizens of the United States the jurisdiction
of certain tribunals in the Ottoman dominions and Egypt, established or
to be established under the authority of the Sublime Porte and of the
Government of Egypt," approved March 23, 1874, it was enacted as
follows:

That whenever the President of the United States shall receive
satisfactory information that the Ottoman Government or that of Egypt
has organized other tribunals on a basis likely to secure to citizens of
the United States in their domains the same impartial justice which they
now enjoy there under the judicial functions exercised by the minister,
consuls, and other functionaries of the United States pursuant to the
act of Congress approved the 22d of June, 1860, entitled "An act to
carry into effect provisions of the treaties between the United States,
China, Persia, and other countries giving certain judicial powers to
ministers and consuls or other functionaries of the United States in
those countries, and for other purposes," he is hereby authorized to
suspend the operations of said acts as to the dominions in which such
tribunals may be organized so far as the jurisdiction of said tribunals
may embrace matters now cognizable by the minister, consuls, or other
functionaries of the United States in said dominions, and to notify the
Government of the Sublime Porte, or that of Egypt, or either of them,
that the United States during such suspension will, as aforesaid, accept
for their citizens the jurisdiction of the tribunals aforesaid over
citizens of the United States which has heretofore been exercised by the
minister, consuls, or other functionaries of the United States.


And whereas satisfactory information has been received by me that the
Government of Egypt has organized other tribunals on a basis likely
to secure to citizens of the United States in the dominions subject
to such Government the impartial justice which they now enjoy there
under the judicial functions exercised by the minister, consul, or other
functionaries of the United States pursuant to the said act of Congress
approved June 22, 1860:

Now, therefore, I, Ulysses S. Grant, President of the United States of
America, by virtue of the power and authority conferred upon me by the
said act approved March 23, 1874, do hereby suspend during the pleasure
of the President the operation of the said act approved June 22, 1860,
as to the said dominions subject to the Government of Egypt in which
such tribunals have been organized, so far as the jurisdiction of said
tribunals may embrace matters now cognizable by the minister, consuls,
or other functionaries of the United States in said dominions, except
as to cases actually commenced before the date hereof.

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 27th day of March, A.D. 1876, and
of the Independence of the United States of America the one hundredth.

U.S. GRANT.

By the President:
HAMILTON FISH,
_Secretary of State_.



BY THE PRESIDENT OF THE UNITED STATES.

A PROCLAMATION.

Whereas a joint resolution of the Senate and House of Representatives of
the United States was duly approved on the 13th day of March last, which
resolution is as follows:

_Be it resolved by the Senate and House of Representatives of the
United States of America in Congress assembled_, That it be, and is
hereby, recommended by the Senate and House of Representatives to
the people of the several States that they assemble in their several
counties or towns on the approaching centennial anniversary of our
national independence, and that they cause to have delivered on such
day an historical sketch of said county or town from its formation,
and that a copy of said sketch may be filed, in print or manuscript,
in the clerk's office of said county, and an additional copy, in print
or manuscript, be filed in the office of the Librarian of Congress,
to the intent that a complete record may thus be obtained of the
progress of our institutions during the first centennial of their
existence.


And whereas it is deemed proper that such recommendation be brought to
the notice and knowledge of the people of the United States:

Now, therefore, I, Ulysses S. Grant, President of the United States, do
hereby declare and make known the same, in the hope that the object of
such resolution may meet the approval of the people of the United States
and that proper steps may be taken to carry the same into effect.

[SEAL.]

Given under my hand, at the city of Washington, the 25th day of May,
A.D. 1876, and of the Independence of the United States the one
hundredth.

U.S. GRANT.

By the President:
HAMILTON FISH,
_Secretary of State_.



BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

The centennial anniversary of the day on which the people of the United
States declared their right to a separate and equal station among the
powers of the earth seems to demand an exceptional observance.

The founders of the Government, at its birth and in its feebleness,
invoked the blessings and the protection of a Divine Providence, and
the thirteen colonies and three millions of people have expanded into
a nation of strength and numbers commanding the position which then was
asserted and for which fervent prayers were then offered.

It seems fitting that on the occurrence of the hundredth anniversary of
our existence as a nation a grateful acknowledgment should be made to
Almighty God for the protection and the bounties which He has vouchsafed
to our beloved country.

I therefore invite the good people of the United States, on the
approaching 4th day of July, in addition to the usual observances with
which they are accustomed to greet the return of the day, further,
in such manner and at such time as in their respective localities and
religious associations may be most convenient, to mark its recurrence
by some public religious and devout thanksgiving to Almighty God for
the blessings which have been bestowed upon us as a nation during the
century of our existence, and humbly to invoke a continuance of His
favor and of His protection.

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 June, A.D. 1876, and of
the Independence of the United States of America the one hundredth.

U.S. GRANT.

By the President:
HAMILTON FISH,
_Secretary of State_.



BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas the Congress of the United States did, by an act approved on the
3d day of March, 1875, authorize the inhabitants of the Territory of
Colorado to form for themselves out of said Territory a State government
with the name of the State of Colorado, and for the admission of such
State into the Union on an equal footing with the original States upon
certain conditions in said act specified; and

Whereas it was provided by said act of Congress that the convention
elected by the people of said Territory to frame a State constitution
should, when assembled for that purpose and after organization, declare
on behalf of the people that they adopt the Constitution of the United
States, and should also provide by an ordinance, irrevocable without
the consent of the United States and the people of said State, that
perfect toleration of religious sentiment shall be secured and that no
inhabitant of said State shall ever be molested in person or property
on account of his or her mode of religious worship, and that the people
inhabiting said Territory do agree and declare that they forever
disclaim all right and title to the unappropriated public lands lying
within said Territory and that the same shall be and remain at the
sole and entire disposition of the United States, and that the lands
belonging to citizens of the United States residing without the said
State shall never be taxed higher than the lands belonging to residents
thereof, and that no taxes shall be imposed by the State on lands or
property therein belonging to or which may hereafter be purchased by
the United States; and

Whereas it was further provided by said act that the constitution
thus formed for the people of the Territory of Colorado should, by an
ordinance of the convention forming the same, be submitted to the people
of said Territory for ratification or rejection at an election to be
held in the month of July, 1876, at which election the lawful voters



Online LibraryJames D. RichardsonA Compilation of the Messages and Papers of the Presidents Volume 7, part 1: Ulysses S. Grant → online text (page 45 of 50)