A Compilation of the Messages and Papers of the Presidents A Compilation of the Messages and Papers of the Presidents The Project Gutenberg EBook of A Compilation of the Messages and Papers of the Presidents, by Grover Cleveland This eBook is for the use of anyone anywhere at no cost and with almost no restrictions whatsoever You may copy it, give it away or re-use it under the terms of the Project Gutenberg License included with this eBook or online at www.gutenberg.net Title: A Compilation of the Messages and Papers of the Presidents Section (of 3) of Volume 8: Grover Cleveland, First Term Author: Grover Cleveland Editor: James D Richardson Release Date: May 19, 2005 [EBook #15863] Language: English Character set encoding: ISO-8859-1 *** START OF THIS PROJECT GUTENBERG EBOOK GROVER CLEVELAND *** Produced by Juliet Sutherland, David Garcia and the Online Distributed Proofreading Team ***** Grover Cleveland March 4, 1885, to March 4, 1889 ***** Grover Cleveland Grover Cleveland was born in Caldwell, Essex County, N.J., March 18, 1837 On the paternal side he is of English origin Moses Cleveland emigrated from Ipswich, County of Suffolk, England, in 1635, and settled at Woburn, Mass., where he died in 1701 His descendant William Cleveland was a silversmith and watchmaker at Norwich, Conn Richard Falley Cleveland, son of the latter named, was graduated at Yale in 1824, was ordained to the Presbyterian ministry in 1829, and in the same year married Ann Neal, daughter of a Baltimore merchant of Irish birth These two were the parents of Grover Cleveland The Presbyterian parsonage at Caldwell, where he was born, was first occupied by the Rev Stephen Grover, in whose honor he was named; but the first name was early dropped, and he has been since known as Grover Cleveland When he was years old his father accepted a call to Fayetteville, near Syracuse, N.Y., where the son had common and academic schooling, and afterwards was a clerk in a country store The removal of the family to Clinton, Oneida County, gave him additional educational advantages in the academy there In his seventeenth year he became a clerk and an assistant teacher in the New York Institution for the Blind, in New York City, in which his elder brother, William, a Presbyterian clergyman, was then a teacher In 1855 he left Holland Patent, in Oneida County, where his mother at that time resided, to go to the West in search of employment On his way A Compilation of the Messages and Papers of the Presidents he stopped at Black Rock, now a part of Buffalo, and called on his uncle, Lewis F Allen, who induced him to remain and aid him in the compilation of a volume of the American Herd Book, receiving for six weeks' service $60 He afterwards, and while studying law, assisted in the preparation of several other volumes of this work, and the preface to the fifth volume (1861) acknowledges his services In August, 1855, he secured a place as clerk and copyist for the law firm of Rogers, Bowen & Rogers, in Buffalo, began to read Blackstone, and in the autumn of that year was receiving $4 per week for his work He was admitted to the bar in 1859, but for three years longer remained with the firm that first employed him, acting as managing clerk at a salary of $600, a part of which he devoted to the support of his widowed mother, who died in 1882 Was appointed assistant district attorney of Erie County January 1, 1863, and held the office for three years At this time the Civil War was raging Two of his brothers were in the Army, and his mother and sisters were largely dependent upon him for support Unable himself to enlist, he borrowed money and sent a substitute to the war, and it was not till long after the war that he was able to repay the loan In 1865, at the age of 28, he was the Democratic candidate for district attorney, but was defeated by the Republican candidate, his intimate friend, Lyman K Bass He then became the law partner of Isaac V Vanderpool, and in 1869 became a member of the firm of Lanning, Cleveland & Folsom He continued a successful practice till 1870, when he was elected sheriff of Erie County At the expiration of his three years' term he formed a law partnership with his personal friend and political antagonist, Lyman K Bass, the firm being Bass, Cleveland & Bissell, and, after the forced retirement, from failing health, of Mr Bass, Cleveland & Bissell In 1881 he was nominated the Democratic candidate for mayor of Buffalo, and was elected by a majority of 3,530, the largest ever given to a candidate in that city In the same election the Republican State ticket was carried in Buffalo by an average majority of over 1,600 He entered upon the office January 1, 1882, and soon became known as the "Veto Mayor," using that prerogative fearlessly in checking unwise, illegal, and extravagant expenditures By his vetoes he saved the city nearly $1,000,000 in the first half year of his administration He opposed giving $500 of the taxpayers' money to the Firemen's Benevolent Society on the ground that such appropriation was not permissible under the terms of the State constitution and the charter of the city He vetoed a resolution diverting $500 from the Fourth of July appropriations to the observance of Decoration Day for the same reason, and immediately subscribed one-tenth of the sum wanted for the purpose His administration of the office won tributes to his integrity and ability from the press and the people irrespective of party On the second day of the Democratic State convention at Syracuse, September 22, 1882, on the third ballot, was nominated for governor in opposition to the Republican candidate, Charles J Folger, then Secretary of the United States Treasury He had the united support of his own party, while the Republicans were not united on his opponent, and at the election in November he received a plurality over Mr Folger of 192,854 His State administration was only an expansion of the fundamental principles that controlled his official action while mayor of Buffalo In a letter written to his brother on the day of his election he announced a policy he intended to adopt, and afterwards carried out, "that is, to make the matter a business engagement between the people of the State and myself, in which the obligation on my side is to perform the duties assigned me with an eye single to the interest of my employers." The Democratic national convention met at Chicago July 8, 1884 On July 11 he was nominated as their candidate for President The Republicans made James G Blaine their candidate, while Benjamin F Butler, of Massachusetts, was the Labor and Greenback candidate, and John P St John, of Kansas, was the Prohibition candidate At the election, November 4, Mr Cleveland received 219 and Mr Blaine 182 electoral votes He was unanimously renominated for the Presidency by the national Democratic convention in St Louis on June 6, 1888 At the election in November he received 168 electoral votes, while 233 were cast for Benjamin Harrison, the Republican candidate Of the popular vote, however, he received 5,540,329, and Mr Harrison received 5,439,853 At the close of his Administration, March 4, 1889, he retired to New York City, where he reentered upon the practice of his profession It soon became evident, however, that he would be prominently urged as a candidate for renomination in 1892 At the national Democratic convention which met in Chicago June 21, 1892, he received more than two-thirds of the votes on the first ballot At the election in November he received 277 of the electoral votes, while Mr Harrison received 145 and Mr James B Weaver, the candidate of the People's Party, 22 Of the popular vote Mr Cleveland received 5,553,142, Mr Harrison 5,186,931, and Mr Weaver 1,030,128 He retired from office March 4, 1897, and removed to Princeton, N.J., where he has since resided He is the first of our Presidents who served a second term without being elected as his own successor President Cleveland was married in the White House on June 2, 1886, to Miss Frances A Compilation of the Messages and Papers of the Presidents Folsom, daughter of his deceased friend and partner, Oscar Folsom, of the Buffalo bar Mrs Cleveland was the youngest (except the wife of Mr Madison) of the many mistresses of the White House, having been born in Buffalo, N.Y., in 1864 She is the first wife of a President married in the White House, and the first to give birth to a child there, their second daughter (Esther) having been born in the Executive Mansion in 1893 INAUGURAL ADDRESS FELLOW-CITIZENS: In the presence of this vast assemblage of my countrymen I am about to supplement and seal by the oath which I shall take the manifestation of the will of a great and free people In the exercise of their power and right of self-government they have committed to one of their fellow-citizens a supreme and sacred trust, and he here consecrates himself to their service This impressive ceremony adds little to the solemn sense of responsibility with which I contemplate the duty I owe to all the people of the land Nothing can relieve me from anxiety lest by any act of mine their interests may suffer, and nothing is needed to strengthen my resolution to engage every faculty and effort in the promotion of their welfare Amid the din of party strife the people's choice was made, but its attendant circumstances have demonstrated anew the strength and safety of a government by the people In each succeeding year it more clearly appears that our democratic principle needs no apology, and that in its fearless and faithful application is to be found the surest guaranty of good government But the best results in the operation of a government wherein every citizen has a share largely depend upon a proper limitation of purely partisan zeal and effort and a correct appreciation of the time when the heat of the partisan should be merged in the patriotism of the citizen To-day the executive branch of the Government is transferred to new keeping But this is still the Government of all the people, and it should be none the less an object of their affectionate solicitude At this hour the animosities of political strife, the bitterness of partisan defeat, and the exultation of partisan triumph should be supplanted by an ungrudging acquiescence in the popular will and a sober, conscientious concern for the general weal Moreover, if from this hour we cheerfully and honestly abandon all sectional prejudice and distrust, and determine, with manly confidence in one another, to work out harmoniously the achievements of our national destiny, we shall deserve to realize all the benefits which our happy form of government can bestow On this auspicious occasion we may well renew the pledge of our devotion to the Constitution, which, launched by the founders of the Republic and consecrated by their prayers and patriotic devotion, has for almost a century borne the hopes and the aspirations of a great people through prosperity and peace and through the shock of foreign conflicts and the perils of domestic strife and vicissitudes By the Father of his Country our Constitution was commended for adoption as "the result of a spirit of amity and mutual concession." In that same spirit it should be administered, in order to promote the lasting welfare of the country and to secure the full measure of its priceless benefits to us and to those who will succeed to the blessings of our national life The large variety of diverse and competing interests subject to Federal control, persistently seeking the recognition of their claims, need give us no fear that "the greatest good to the greatest number" will fail to be accomplished if in the halls of national legislation that spirit of amity and mutual concession shall prevail in which the Constitution had its birth If this involves the surrender or postponement of private interests and the abandonment of local advantages, compensation will be found in the assurance that the common interest is subserved and the general welfare advanced In the discharge of my official duty I shall endeavor to be guided by a just and unstrained construction of the Constitution, a careful observance of the distinction between the powers granted to the Federal Government A Compilation of the Messages and Papers of the Presidents and those reserved to the States or to the people, and by a cautious appreciation of those functions which by the Constitution and laws have been especially assigned to the executive branch of the Government But he who takes the oath to-day to preserve, protect, and defend the Constitution of the United States only assumes the solemn obligation which every patriotic citizen on the farm, in the workshop, in the busy marts of trade, and everywhere should share with him The Constitution which prescribes his oath, my countrymen, is yours; the Government you have chosen him to administer for a time is yours; the suffrage which executes the will of freemen is yours; the laws and the entire scheme of our civil rule, from the town meeting to the State capitals and the national capital, is yours Your every voter, as surely as your Chief Magistrate, under the same high sanction, though in a different sphere, exercises a public trust Nor is this all Every citizen owes to the country a vigilant watch and close scrutiny of its public servants and a fair and reasonable estimate of their fidelity and usefulness Thus is the people's will impressed upon the whole framework of our civil polity municipal, State, and Federal; and this is the price of our liberty and the inspiration of our faith in the Republic It is the duty of those serving the people in public place to closely limit public expenditures to the actual needs of the Government economically administered, because this bounds the right of the Government to exact tribute from the earnings of labor or the property of the citizen, and because public extravagance begets extravagance among the people We should never be ashamed of the simplicity and prudential economies which are best suited to the operation of a republican form of government and most compatible with the mission of the American people Those who are selected for a limited time to manage public affairs are still of the people, and may much by their example to encourage, consistently with the dignity of their official functions, that plain way of life which among their fellow-citizens aids integrity and promotes thrift and prosperity The genius of our institutions, the needs of our people in their home life, and the attention which is demanded for the settlement and development of the resources of our vast territory dictate the scrupulous avoidance of any departure from that foreign policy commended by the history, the traditions, and the prosperity of our Republic It is the policy of independence, favored by our position and defended by our known love of justice and by our power It is the policy of peace suitable to our interests It is the policy of neutrality, rejecting any share in foreign broils and ambitions upon other continents and repelling their intrusion here It is the policy of Monroe and of Washington and Jefferson "Peace, commerce, and honest friendship with all nations; entangling alliance with none." A due regard for the interests and prosperity of all the people demands that our finances shall be established upon such a sound and sensible basis as shall secure the safety and confidence of business interests and make the wage of labor sure and steady, and that our system of revenue shall be so adjusted as to relieve the people of unnecessary taxation, having a due regard to the interests of capital invested and workingmen employed in American industries, and preventing the accumulation of a surplus in the Treasury to tempt extravagance and waste Care for the property of the nation and for the needs of future settlers requires that the public domain should be protected from purloining schemes and unlawful occupation The conscience of the people demands that the Indians within our boundaries shall be fairly and honestly treated as wards of the Government and their education and civilization promoted with a view to their ultimate citizenship, and that polygamy in the Territories, destructive of the family relation and offensive to the moral sense of the civilized world, shall be repressed The laws should be rigidly enforced which prohibit the immigration of a servile class to compete with American labor, with no intention of acquiring citizenship, and bringing with them and retaining habits and customs repugnant to our civilization A Compilation of the Messages and Papers of the Presidents The people demand reform in the administration of the Government and the application of business principles to public affairs As a means to this end, civil-service reform should be in good faith enforced Our citizens have the right to protection from the incompetency of public employees who hold their places solely as the reward of partisan service, and from the corrupting influence of those who promise and the vicious methods of those who expect such rewards; and those who worthily seek public employment have the right to insist that merit and competency shall be recognized instead of party subserviency or the surrender of honest political belief In the administration of a government pledged to equal and exact justice to all men there should be no pretext for anxiety touching the protection of the freedmen in their rights or their security in the enjoyment of their privileges under the Constitution and its amendments All discussion as to their fitness for the place accorded to them as American citizens is idle and unprofitable except as it suggests the necessity for their improvement The fact that they are citizens entitles them to all the rights due to that relation and charges them with all its duties, obligations, and responsibilities These topics and the constant and ever-varying wants of an active and enterprising population may well receive the attention and the patriotic endeavor of all who make and execute the Federal law Our duties are practical and call for industrious application, an intelligent perception of the claims of public office, and, above all, a firm determination, by united action, to secure to all the people of the land the full benefits of the best form of government ever vouchsafed to man And let us not trust to human effort alone, but humbly acknowledging the power and goodness of Almighty God, who presides over the destiny of nations, and who has at all times been revealed in our country's history, let us invoke His aid and His blessing upon our labors MARCH 4, 1885 SPECIAL MESSAGES EXECUTIVE MANSION, _March 13, 1885_ _To the Senate of the United States_: For the purpose of their reexamination I withdraw certain treaties and conventions now pending in the Senate which were communicated to that body by my predecessor in office, and I therefore request the return to me of the commercial convention between the United States and the Dominican Republic which was transmitted to the Senate December 9, 1884; of the commercial treaty between the United States and Spain which was transmitted to the Senate December 10, 1884, together with the supplementary articles thereto of March 2, 1885; and of the treaty between the United States and Nicaragua for the construction of an interoceanic canal which was transmitted to the Senate December 10, 1884 GROVER CLEVELAND EXECUTIVE MANSION, _Washington, April 2, 1885_ _To the Senate of the United States_: For the purpose of its reconsideration I withdraw the additional article, now pending in the Senate, signed on the 23d of June last, to the treaty of friendship, commerce, and navigation which was concluded between the United States and the Argentine Confederation July 27, 1853, and communicated to the Senate by my predecessor in office 27th of January, 1885 GROVER CLEVELAND A Compilation of the Messages and Papers of the Presidents PROCLAMATIONS BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION Whereas it is alleged that certain individuals, associations of persons, and corporations are in the unauthorized possession of portions of the territory known as the Oklahoma lands, within the Indian Territory, which are designated, described, and recognized by the treaties and laws of the United States and by the executive authority thereof as Indian lands; and Whereas it is further alleged that certain other persons or associations within the territory and jurisdiction of the United States have begun and set on foot preparations for an organized and forcible entry and settlement upon the aforesaid lands and are now threatening such entry and occupation; and Whereas the laws of the United States provide for the removal of all persons residing or being found upon such Indian lands and territory without permission expressly and legally obtained of the Interior Department: Now, therefore, for the purpose of protecting the public interests, as well as the interests of the Indian nations and tribes, and to the end that no person or persons may be induced to enter upon said territory, where they will not be allowed to remain without the permission of the authority aforesaid, I, Grover Cleveland, President of the United States, hereby warn and admonish all and every person or persons now in the occupation of such lands, and all such person or persons as are intending, preparing, or threatening to enter and settle upon the same, that they will neither be permitted to enter upon said territory nor, if already there, to remain thereon, and that in case a due regard for and voluntary obedience to the laws and treaties of the United States and if this admonition and warning be not sufficient to effect the purposes and intentions of the Government as herein declared, the military power of the United States will be invoked to abate all such unauthorized possession, to prevent such threatened entry and occupation, and to remove all such intruders from the said Indian lands In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed [SEAL.] Done at the city of Washington, this 13th day of March, 1885, and of the Independence of the United States of America the one hundred and ninth GROVER CLEVELAND By the President: T.F BAYARD, Secretary of State BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION Whereas satisfactory evidence has been received by me that upon vessels of the United States arriving at the island of Trinidad, British West Indies, no duty is imposed by the ton as tonnage tax or as light money, and that no other equivalent tax on vessels of the United States is imposed at said island by the British Government; and Whereas by the provisions of section 14 of an act approved June 26, 1884, "to remove certain burdens on the American merchant marine and encourage the American foreign carrying trade, and for other purposes," the President of the United States is authorized to suspend the collection in ports of the United States from vessels arriving from any port in the island of Trinidad of so much of the duty at the rate of A Compilation of the Messages and Papers of the Presidents cents per ton as may be in excess of the tonnage and light-house dues, or other equivalent of tax or taxes, imposed on American vessels by the government of the foreign country in which such port is situated: Now, therefore, I, Grover Cleveland, President of the United States of America, by virtue of the authority vested in me by the act and section hereinbefore mentioned, hereby declare and proclaim that on and after this 7th day of April, 1885, the collection of said tonnage duty of cents per ton shall be suspended as regards all vessels arriving in any port of the United States from a port in the island of Trinidad, British West Indies In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed [SEAL.] Done at the city of Washington, this 7th day of April, 1885, and of the Independence of the United States of America the one hundred and ninth GROVER CLEVELAND By the President: T.F BAYARD, Secretary of State BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION Whereas, by an Executive order bearing date the 27th day of February, 1885, it was ordered that "all that tract of country in the Territory of Dakota known as the Old Winnebago Reservation and the Sioux or Crow Creek Reservation, and lying on the east bank of the Missouri River, set apart and reserved by Executive order dated January 11, 1875, and which is not covered by the Executive order dated August 9, 1879, restoring certain of the lands reserved by the order of January 11, 1875, except the following-described tracts: Townships No 108 north, range 71 west; 108 north, range 72 west; fractional township 108 north, range 73 west; the west half of section 4, sections 5, 6, 7, 8, 9, 16, 17, 18, 19, 20, 21, 28, 29, 30, 31, 32, and 33 of township 107 north, range 70 west; fractional townships 107 north, range 71 west; 107 north, range 72 west; 107 north, range 73 west; the west half of township 106 north, range 70 west; and fractional township 106 north, range 71 west; and except also all tracts within the limits of the aforesaid Old Winnebago Reservation and the Sioux or Crow Creek Reservation which are outside of the limits of the above-described tracts, and which may have heretofore been allotted to the Indians residing upon said reservation, or which may have heretofore been selected or occupied by the said Indians under and in accordance with the provisions of article of the treaty with the Sioux Indians of April 29, 1868, be, and the same is hereby, restored to the public domain;" and Whereas upon the claim being made that said order is illegal and in violation of the plighted faith and obligations of the United States contained in sundry treaties heretofore entered into with the Indian tribes or bands occupants of said reservation, and that the further execution of said order will not only occasion much distress and suffering to peaceable Indians, but retard the work of their civilization and engender amongst them a distrust of the National Government, I have determined, after a careful examination of the several treaties, acts of Congress, and other official data bearing on the subject, aided and assisted therein by the advice and opinion of the Attorney-General of the United States duly rendered in that behalf, that the lands so proposed to be restored to the public domain by said Executive order of February 27, 1885, are included as existing Indian reservations on the east bank of the Missouri River by the terms of the second article of the treaty with the Sioux Indians concluded April 29, 1868, and that consequently, being treaty reservations, the Executive was without lawful power to restore them to the public domain by said Executive order, which is therefore deemed and considered to be wholly inoperative and void; and A Compilation of the Messages and Papers of the Presidents Whereas the laws of the United States provide for the removal of all persons residing or being found upon Indian lands and territory without permission expressly and legally obtained of the Interior Department: Now, therefore, in order to maintain inviolate the solemn pledges and plighted faith of the Government as given in the treaties in question, and for the purpose of properly protecting the interests of the Indian tribes as well as of the United States in the premises, and to the end that no person or persons may be induced to enter upon said lands, where they will not be allowed to remain without the permission of the authority aforesaid, I, Grover Cleveland, President of the United States, hereby declare and proclaim the said Executive order of February 27, 1885, to be in contravention of the treaty obligations of the United States with the Sioux tribe of Indians, and therefore to be inoperative and of no effect; and I further declare that the lands intended to be embraced therein are existing Indian reservations, and as such available for Indian purposes alone and subject to the Indian-intercourse acts of the United States I further warn and admonish all and every person or persons now in the occupation of said lands under color of said Executive order, and all such person or persons as are intending or preparing to enter and settle upon the same thereunder, that they will neither be permitted to remain or enter upon said lands, and such persons as are already there are hereby required to vacate and remove therefrom with their effects within sixty days from the date hereof; and in case a due regard for and voluntary obedience to the laws and treaties of the United States and this admonition and warning be not sufficient to effect the purpose and intentions as herein declared, all the power of the Government will be employed to carry into proper execution the treaties and laws of the United States herein referred to In testimony thereof I hereunto set my hand and cause the seal of the United States to be affixed [SEAL.] Done at the city of Washington, this 17th day of April, 1885, and of the Independence of the United States of America the one hundred and ninth GROVER CLEVELAND By the President: T.F BAYARD, Secretary of State BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION Whereas certain portions of the Cheyenne and Arapahoe Indian Reservation, in the Indian Territory, are occupied by persons other than Indians, who claim the right to keep and graze cattle thereon by agreement made with the Indians for whose special possession and occupancy the said lands have been reserved by the Government of the United States, or under other pretexts and licenses; and Whereas all such agreements and licenses are deemed void and of no effect, and the persons so occupying said lands with cattle are considered unlawfully upon the domain of the United States so reserved as aforesaid; and Whereas the claims of such persons under said leases and licenses and their unauthorized presence upon such reservation have caused complaint and discontent on the part of the Indians located thereon, and are likely to cause serious outbreaks and disturbances: Now, therefore, I, Grover Cleveland, President of the United States, hereby order and direct that all persons other than Indians who are now upon any part of said reservation for the purpose of grazing cattle thereon, and their servants and agents, and all other unauthorized persons now upon said reservation, do, within forty days A Compilation of the Messages and Papers of the Presidents from the date of this proclamation, depart and entirely remove therefrom with their cattle, horses, and other property 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 on this 23d day of July, 1885, and the year of the Independence of the United States the one hundred and tenth GROVER CLEVELAND By the President: T.F BAYARD, Secretary of State BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION The President of the United States has just received the sad tidings of the death of that illustrious citizen and ex-President of the United States, General Ulysses S Grant, at Mount McGregor, in the State of New York, to which place he had lately been removed in the endeavor to prolong his life In making this announcement to the people of the United States the President is impressed with the magnitude of the public loss of a great military leader, who was in the hour of victory magnanimous, amid disaster serene and self-sustained; who in every station, whether as a soldier or as a Chief Magistrate, twice called to power by his fellow-countrymen, trod unswervingly the pathway of duty, undeterred by doubts, single-minded and straightforward The entire country has witnessed with deep emotion his prolonged and patient struggle with painful disease, and has watched by his couch of suffering with tearful sympathy The destined end has come at last, and his spirit has returned to the Creator who sent it forth The great heart of the nation that followed him when living with love and pride bows now in sorrow above him dead, tenderly mindful of his virtues, his great patriotic services, and of the loss occasioned by his death In testimony of respect to the memory of General Grant, it is ordered that the Executive Mansion and the several Departments at Washington be draped in mourning for a period of thirty days and that all public business shall on the day of the funeral be suspended; and the Secretaries of War and of the Navy will cause orders to be issued for appropriate military and naval honors to be rendered on that day 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 23d day of July, 1885, and of the Independence of the United States the one hundred and tenth GROVER CLEVELAND By the President: T.F BAYARD, Secretary of State A Compilation of the Messages and Papers of the Presidents 10 BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION Whereas public policy demands that the public domain shall be reserved for the occupancy of actual settlers in good faith, and that our people who seek homes upon such domain shall in no wise be prevented by any wrongful interference from the safe and free entry thereon to which they may be entitled; and Whereas, to secure and maintain this beneficent policy, a statute was passed by the Congress of the United States on the 25th day of February, in the year 1885, which declared to be unlawful all inclosures of any public lands in any State or Territory to any of which land included within said inclosure the person, party, association, or corporation making or controlling such inclosure had no claim or color of title made or acquired in good faith, or an asserted right thereto by or under claim made in good faith with a view to entry thereof at the proper land office; and which statute also prohibited any person, by force, threats, intimidation, or by any fencing or inclosure or other unlawful means, from preventing or obstructing any person from peaceably entering upon or establishing a settlement or residence on any tract of public land subject to settlement or entry under the public-land laws of the United States, and from preventing or obstructing free passage and transit over or through the public lands; and Whereas it is by the fifth section of said act provided as follows: That the President is hereby authorized to take such means as shall be necessary to remove and destroy any unlawful inclosure of any of said lands, and to employ civil or military force as may be necessary for that purpose And whereas it has been brought to my knowledge that unlawful inclosures, and such as are prohibited by the terms of the aforesaid statute, exist upon the public domain, and that actual legal settlement thereon is prevented and obstructed by such inclosures and by force, threats, and intimidation: Now, therefore, I, Grover Cleveland, President of the United States, hereby order and direct that any and every unlawful inclosure of the public lands maintained by any person, association, or corporation be immediately removed; and I hereby forbid any person, association, or corporation from preventing or obstructing by means of such inclosures, or by force, threats, or intimidation, any person entitled thereto from peaceably entering upon and establishing a settlement or residence on any part of such public land which is subject to entry and settlement under the laws of the United States And I command and require each and every officer of the United States upon whom the duty is legally devolved to cause this order to be obeyed and all the provisions of the act of Congress herein mentioned to be faithfully enforced In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed [SEAL.] Done at the city of Washington, this 7th day of August, 1885, and of the Independence of the United States of America the one hundred and tenth GROVER CLEVELAND By the President: T.F BAYARD, Secretary of State BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A Compilation of the Messages and Papers of the Presidents 463 GROVER CLEVELAND By the President: T.F BAYARD, Secretary of State EXECUTIVE ORDERS EXECUTIVE MANSION, _Washington, December 5, 1888_ To the Civil Service Commission GENTLEMEN: The efficiency of the public service, in my opinion, renders it necessary to include in the classified service and subject to examination the employees in the railway mail service The difficulties in the way of this movement can, I believe, be overcome by carefully prepared rules and regulations I have this day directed the Postmaster-General to so revise the classification of his Department as to include these employees in one or more classes; and in furtherance of my purpose I have to request that, after conference with the Postmaster-General, you will prepare the necessary modifications of the present rules and regulations to meet the proposed extension Yours, very truly, GROVER CLEVELAND UNITED STATES CIVIL SERVICE COMMISSION, _Washington, D.C., December 5, 1888_ The PRESIDENT SIR: The Commission recommends that Special Departmental Rule No be amended by adding to the exceptions from examination therein declared the following: "10 In all the Departments: Bookbinders." Very respectfully, A.P EDGERTON, CHAS LYMAN, United States Civil Service Commissioners EXECUTIVE MANSION, _Washington, December 6, 1888_ The above proposed amendment is hereby approved GROVER CLEVELAND Amendments to General Rules II, III, IV, Departmental Rules V, VIII, Customs Rule III, and Postal Rules II, VI, are hereby made and promulgated as follows: GENERAL RULE II In line strike out the word "three" and insert in place thereof the word "four." At the end of the rule insert the following: "4 The classified railway mail service." The rule as thus amended will read: There shall be four branches of the classified civil service, as follows: A Compilation of the Messages and Papers of the Presidents 464 The classified departmental service The classified customs service The classified postal service The classified railway mail service GENERAL RULE III In section 9, line 2, after the word "service," insert the words "and the classified railway mail service." The section as thus amended will read: Every applicant for examination for the classified departmental service and the classified railway mail service must support the statements of his application paper by certificates of persons acquainted with him, residents of the State, Territory, or district in which he claims bona fide residence; and the Commission shall prescribe the form and number of such certificates In section 10, line 1, after the word "or," insert the words "procured by his;" strike out all after the word "connivance" in line to and including the word "and" in line 3, and in place of the words stricken out insert the words "or any;" strike out all after the word "consent" in line to and including the word "examination" in line 5; strike out the words "for refusing" in line 6; change the period to a comma at the end of line and insert after the comma the words "or to certify him for appointment, or for his removal after appointment." The section as thus amended will read: 10 A false statement made by an applicant, or procured by his connivance, or any deception or fraud practiced by an applicant, or by any person on his behalf with his consent, shall be good cause for refusal to examine such applicant, or to mark his papers after examination, or to certify him for appointment, or for his removal after appointment GENERAL RULE IV In section strike out the letter "a," in brackets, in line 2; change the period to a semicolon at the end of line 4; in line strike out the letter "b," in brackets, and strike out all after the word "has" to and including the word "has" in line 7, and write the section as one paragraph The section as thus amended will read: The Commission may refuse to certify an eligible who is so defective in sight, speech, or hearing, or who is otherwise so defective physically as to be apparently unfit to perform the duties of the position to which he is seeking appointment, or an eligible who has been guilty of crime or of infamous or of notoriously disgraceful conduct DEPARTMENTAL RULE V In section 2, paragraph 6, after the word "service" in line 3, insert the words "or the classified railway mail service;" in paragraph 7, line 1, strike out the word "and," and after the word "postal" in the same line insert the words "and railway mail." The section as thus amended will read: Local boards. These boards shall be organized at one or more places in each State and Territory where examinations for the classified departmental service or the classified railway mail service are to be held, and shall conduct such examinations; and each shall be composed of persons in the public service residing in the State or Territory in which the board is to act A Compilation of the Messages and Papers of the Presidents 465 _Customs, postal, and railway mail boards_. These boards shall conduct such examinations for the classified departmental service as the Commission may direct DEPARTMENTAL RULE VIII In section 1, clause (_c_), line 1, after the word "post-office," insert "or to the classified railway mail service;" in line 2, after the word "from," strike out the words "such an office" and insert "a classified post-office or the classified railway mail service." The clause as thus amended will read: (_c_) From the Post-Office Department to a classified post-office or to the classified railway mail service, and from a classified post-office or the classified railway mail service to the Post-Office Department, upon requisition by the Postmaster-General In section 2, line 6, after the word "been," insert "in the classified railway mail service or." The section as thus amended will read: No person may be transferred as herein authorized until the Commission shall have certified to the officer making the transfer requisition that the person whom it is proposed to transfer has passed an examination to test fitness for the place to which he is to be transferred, and that such person has during at least six months preceding the date of the certificate been in the classified railway mail service or in the classified service of the Department, customs district, or post-office from which the transfer is to be made: Provided, That no person who has been appointed from the copyist register shall be transferred to a place the salary of which is more than $900 per annum until one year after appointment CUSTOMS RULE III In section 2, clause (_c_), at the end of line 1, insert "and the classified railway mail service." The clause as thus amended will read: (_c_) Conduct such examinations for the classified departmental service and the classified railway mail service as the Commission may direct POSTAL RULE II In section 5, at the end of clause (_e_) of that section, strike out the period and insert a comma, and after the comma the following: Provided, That superintendents of mails shall be selected from among the employees of the railway mail service The clause as thus amended will read: Superintendents designated by the Post-Office Department, and reported as such to the Commission, Provided, That superintendents of mails shall be selected from among the employees of the railway mail service POSTAL RULE VI In section 1, clause (_a_), after the word "another" in line of that clause, strike out the comma and insert a semicolon, and after the semicolon the following: From any classified post-office to the classified railway mail service, and from the classified railway mail A Compilation of the Messages and Papers of the Presidents 466 service to any classified post-office In clause (_b_), after the word "post-office" in line 1, insert "or from the classified railway mail service," and in line 2, after the word "post-office," insert "or to the classified railway mail service." In section 2, line 6, after the word "certificate" insert "in the classified railway mail service or." The rule as thus amended will read: Transfers may be made as follows: (_a_) From one classified post-office to another, from any classified post-office to the classified railway mail service, and from the classified railway mail service to any classified post-office, upon requisition of the Postmaster-General (_b_) From any classified post-office or from the classified railway mail service to the Post-Office Department, and from the Post-Office Department to any classified post-office, or to the classified railway mail service, upon requisition of the Post-master-General No person may be transferred as herein authorized until the Commission shall have certified to the officer making the transfer requisition that the person whom it is proposed to transfer has passed an examination to test fitness for the place to which he is to be transferred, and that such person has been at least six months next preceding the date of the certificate in the classified railway mail service or in the classified service of the Department or post-office from which the transfer is to be made Approved, January 4, 1889 GROVER CLEVELAND RAILWAY MAIL RULES RAILWAY MAIL RULE I The classified railway mail service shall include all the officers, clerks, and other persons in that service classified under the provisions of section of the act to regulate and improve the civil service of the United States, approved January 16, 1883 RAILWAY MAIL RULE II To test fitness for admission to the classified railway mail service the following examinations shall be provided: Clerk examination, This examination shall include not more than the following subjects: (_a_) Orthography (_b_) Copying (_c_) Penmanship (_d_) Arithmetic fundamental rules, fractions, and percentage (_e_) Letter writing A Compilation of the Messages and Papers of the Presidents 467 (_f_) The geography of the United States, and especially of the State or railway mail division in which the applicant resides (_g_) The railway systems of the State or railway mail division in which the applicant resides (_h_) Reading addresses Other competitive examinations. Such other competitive examinations as the Commission may from time to time deem necessary Noncompetitive examinations. Such examinations may, with the approval of the Commission, be held under conditions stated in General Rule III, clause 2 No person shall be examined for the railway mail service if under 18 or over 35 years of age, except that any person honorably discharged from the military or naval service of the United States by reason of disability resulting from wounds or sickness incurred in the line of duty, and whose claim of preference under section 1754 of the Revised Statutes has been allowed by the Commission, may be examined without regard to his age Any person desiring examination for admission to the classified railway mail service must, in his own handwriting, make request for a blank form of application, which request, and also his application, shall be addressed as follows: "United States Civil Service Commission, Washington, D.C." The date of reception, and also of approval, by the Commission of each application shall be noted on the application paper Exceptions from examination in the classified railway mail service are hereby made as follows: (_a_) General superintendent (_b_) Assistant general superintendent No person appointed to a place under any exception to examination hereby made shall within one year after appointment be transferred to another place not also excepted from examination; but after service of not less than one year in an examination-excepted place he may be transferred to a place not excepted from examination upon the certificate of the Commission that he has passed an examination to test fitness for the place to which his transfer is proposed RAILWAY MAIL RULE III The papers of every examination shall be marked under the direction of the Commission, and each competitor shall be graded on a scale of 100, according to the general average determined by the marks made by the examiners on his papers The Commission shall appoint in each railway mail division as many boards of examiners as it may deem necessary for the good of the service and the convenience of applicants: Provided, That there shall be at least one such board in each Territory and not less than two in each State, except that the number may be limited to one each in the States of Rhode Island and Delaware These boards shall conduct such examinations for admission to and promotions in the classified railway mail service and such examinations for the other branches of the classified service as the Commission may direct They shall also mark such examination papers as the Commission may direct A Compilation of the Messages and Papers of the Presidents 468 Unless otherwise directed by the Commission, the papers of examination for admission to the classified railway mail service shall be marked by the central board The papers of an examination having been marked, the Commission shall ascertain-(_a_) The name of every competitor who has, under section 1754 of the Revised Statutes, claim of preference in civil appointments, and who has attained a general average of not less than 65 per cent; and all such competitors are hereby declared eligible to the class or place to test fitness for which the examination was held (_b_) The name of every other competitor who has attained a general average of not less than 70 per cent; and all such applicants are hereby declared eligible to the class or place to test fitness for which the examination was held The names of all preference-claiming competitors whose general average is not less than 65 per cent, together with the names of all other competitors whose general average is not less than 70 per cent, shall be entered upon the register of persons eligible to the class or place to test fitness for which the examination was held The grade of each competitor shall be expressed by the whole number nearest the general average attained by him, and the grade of each eligible shall be noted upon the register of eligibles in connection with his name When two or more eligibles are of the same grade, preference in certification shall be determined by the order in which their application papers were filed There shall be a register of eligibles for each State and Territory, and the names of all the eligibles of any State or Territory shall be entered upon the register for that State or Territory The eligibles of the District of Columbia shall be entered, according to their election, upon the register of the State of Maryland or upon that of the State of Virginia Immediately after the general averages shall have been ascertained each competitor shall be notified that he has passed or has failed to pass 10 If a competitor fail to pass, he may, with the consent of the Commission, be allowed a reexamination at any time within six months from the date of failure without filing a new application; but if such reexamination be not allowed within that time he shall not be again examined without making in due form a new application 11 No eligible shall be allowed reexamination during the term of his eligibility unless he shall furnish evidence satisfactory to the Commission that at the time of his examination, because of illness or other good cause, he was incapable of doing himself justice in said examination 12 The term of eligibility shall be such as the Commission may by regulation determine, but shall not be less than one year from the day on which the name of the eligible is entered upon the register: Provided, That for public and sufficient reasons the Commission shall have authority to extend the term of eligibility of the eligibles on the register of any State or Territory for such period, not exceeding one year, as it may deem necessary, without correspondingly extending the term of the eligibles on the registers of the other States and Territories as to which the same reasons not exist RAILWAY MAIL RULE IV All vacancies in the classified railway mail service above class 1, unless among the places excepted from examination, shall be filled by promotion, upon such tests of fitness as the Postmaster-General, with the approval of the Commission, may prescribe: Provided, That a vacancy occurring in a State or railway mail A Compilation of the Messages and Papers of the Presidents 469 division in any grade may be filled by the transfer of a clerk of the same grade from another State or division, under such regulations as the Postmaster-General, with the approval of the Commission, may prescribe, or by reappointment under the provisions of Railway Mail Rule VI All vacancies in class 1, unless filled by transfer or reappointment under Railway Mail Rule VI, shall be filled in the following manner: (_a_) The general superintendent shall, in form and manner to be prescribed by the Commission, request the certification to him of eligibles from a State or Territory in which a vacancy then exists (_b_) The Commission shall certify from the register of the State or Territory in which the vacancy exists the names of the three eligibles thereon having the highest averages who have not been three times certified: Provided, That if upon said register there are the names of eligibles having a claim of preference under section 1754, Revised Statutes, the names of such eligibles shall be certified before the names of other eligibles of higher grade: _Provided further_; That if there are not three eligibles upon the register of the State or Territory in which the vacancy exists eligibles may be certified from the register of any adjoining State or Territory (_c_) The name of an eligible shall not be certified more than three times Of the three names certified to the general superintendent one shall be selected and designated for appointment, and more than one may be if there be more than one vacancy existing at the time Each person designated for appointment shall be notified, and upon reporting to the proper officer shall be appointed for a probational period of six months, at the end of which period, if his conduct and capacity be satisfactory, he shall be absolutely appointed; but if his conduct and capacity be not satisfactory he shall be so notified, and such notice shall be his discharge from the service The general superintendent, with the approval of the Postmaster-General, shall prescribe regulations under which each probationer shall be observed and tested and a record kept of his conduct and capacity, and such record shall determine his fitness for the service and whether he shall be dropped during or at the end of probation or be absolutely appointed There may be certified and appointed in each State and Territory, in the manner provided for in this rule, such number of substitute clerks, not exceeding the ratio of one substitute to twenty regular clerks, in such State or Territory as the Post-master-General may authorize, and any vacancies occurring in class in any State or Territory in which substitutes have been appointed shall be filled by the appointment thereto of those substitutes in the order of their appointment as substitutes without further certification The time during which any substitute is actually employed in the service shall be counted as a part of his probation RAILWAY MAIL RULE V Transfers may be made as follows: (_a_) From the classified railway mail service to any classified post-office, and from any classified post-office to the classified railway mail service, upon requisition of the Postmaster-General (_b_) From the classified railway mail service to the Post-Office Department, and from the Post-Office Department to the classified railway mail service, upon requisition of the Postmaster-General No person shall be transferred as herein authorized until the Commission shall have certified to the Postmaster-General that the person whom it is proposed to transfer has passed an examination to test fitness for the place to which he is to be transferred, and that such person has been at least six months next preceding A Compilation of the Messages and Papers of the Presidents 470 the date of the certificate in the classified railway mail service or in the classified service of the post-office or Department from which the transfer is to be made: Provided, That no employee shall be transferred to any grade which he could not enter by original appointment by reason of any age limitation prescribed by the civil-service rules RAILWAY MAIL RULE VI Upon requisition of the Postmaster-General the Commission shall certify for reinstatement in a grade or class no higher than that in which he was formerly employed any person who within one year next preceding the date of the requisition has, through no delinquency or misconduct, been separated from the classified railway mail service RAILWAY MAIL RULE VII The general superintendent of the railway mail service shall report to the Commission-(_a_) Every probational (whether substitute or regular) and every absolute appointment in the railway mail service in each State or Territory; every appointment under any exception to examination authorized by Railway Mail Rule II, clause 5; every reappointment under Railway Mail Rule VI, and every appointment of a substitute to a regular place (_b_) Every refusal to make an absolute appointment and the reason therefor, and every refusal or neglect to accept an appointment in the classified railway mail service (_c_) Every transfer into the classified railway mail service (_d_) Every separation from the classified railway mail service and the cause of such separation (_e_) Every promotion or degradation in the classified railway mail service, if such promotion or degradation be from one class to another class (_f_) Once in every six months, namely, on the 30th of June and the 31st of December of each year, the whole number of employees in each railway mail division, arranged by States and classes, showing the number of substitutes and the number of regular employees in each class in each State or Territory EXECUTIVE MANSION, _Washington, January 4, 1889_ The above rules are hereby approved, to take effect March 15, 1889: Provided, That such rules shall become operative and take effect in any State or Territory as soon as an eligible register for such State or Territory shall be prepared, if it shall be prior to the date above fixed GROVER CLEVELAND UNITED STATES CIVIL SERVICE COMMISSION, _Washington, D.C., February 8, 1889_ The PRESIDENT SIR: The Commission recommends that Special Departmental Rule No be amended by adding to the exceptions from examination therein declared the following: "11 In the Department of Justice: Assistant attorneys A Compilation of the Messages and Papers of the Presidents 471 "12 In the Department of Agriculture, Bureau of Experiment Stations: Private secretary to the Director." Very respectfully, CHAS LYMAN, _United States Civil Service Commissioner._ Approved, February 11, 1889 GROVER CLEVELAND UNITED STATES CIVIL SERVICE COMMISSION, _Washington, D.C., February 9, 1889_ The PRESIDENT SIR: This Commission has the honor to recommend that the order of the President fixing the places to which appointments may be made upon noncompetitive examination under General Rule III, section 2, clause (_f_), may be amended by including among such places the following: "In the Post-Office Department: Captain of the watch." This recommendation is based upon the letter of the Postmaster-General dated December 19, 1888, in which he says: "I would request that places in the Post-Office Department subject to noncompetitive examination be increased by including the position of captain of the watch, as the duties of the position are of such a nature that the head of the Department should be permitted to recommend for examination such person as would possess such other qualifications in addition to the merely clerical ones as would commend him to the head of the Department to fill satisfactorily such position." Very respectfully, CHAS LYMAN, _United States Civil Service Commissioner._ Approved, February 11, 1889 GROVER CLEVELAND UNITED STATES CIVIL SERVICE COMMISSION, _Washington, D.C., February 9, 1889_ The PRESIDENT SIR: This Commission has the honor to recommend that the order heretofore approved by you authorizing noncompetitive examination under General Rule III, section 2, clause (_e_), to test fitness for certain designated places in the classified departmental service, may be amended by the revocation of so much of the order above referred to as provides for the appointment upon noncompetitive examination of "inspector of electric lights" in the office of the Secretary in the Treasury Department Very respectfully, CHAS LYMAN, United States Civil Service Commissioner Approved, February 11, 1889 A Compilation of the Messages and Papers of the Presidents 472 GROVER CLEVELAND EXECUTIVE MANSION, _February 26, 1889_ Whereas by an act of Congress entitled "An act to enable the President to protect the interests of the United States in Panama," approved February 25, 1889, it was enacted as follows: That there be, and is hereby, appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $250,000 to enable the President to protect the interests of the United States and to provide for the security of persons and property of citizens of the United States at the Isthmus of Panama in such manner as he may deem expedient And whereas satisfactory information has been received by me that a number of citizens of the United States have been thrown out of employment and left destitute in the Republic of Colombia by the stoppage of work on the Panama Canal: It is therefore ordered, That so much as is necessary of the fund appropriated by the said act be expended, under the direction and control of the Secretary of State, in furnishing transportation to the United States to any citizen or citizens of the United States who may be found destitute within the 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wars and rumors of wars have agitated and afflicted other nations of the earth; for our A Compilation of the Messages and Papers of the Presidents. .. designate and set apart Thursday, the 26th day of November instant, as a day of public thanksgiving and prayer, and invoke the observance of the same by all the people of the land On that day let all... CLEVELAND A Compilation of the Messages and Papers of the Presidents PROCLAMATIONS BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION Whereas it is alleged that certain individuals, associations