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A Compilation of the Messages and Papers of the Presidents by Grover Cleveland

G >> Grover Cleveland >> A Compilation of the Messages and Papers of the Presidents




By the express terms of the law creating the office the incumbent is
"under the direction of the Secretary of the Treasury."

This last-named officer, under whose direction Mr. Burchard was thus
placed, reported to me that his mode of conducting the business of the
office was unsatisfactory and inefficient and that the public interest
required a change.

And therefore I removed Mr. Burchard and appointed Mr. Kimball in his
place, believing him to possess especial qualifications for the proper
administration of the important duties involved.

GROVER CLEVELAND.



EXECUTIVE MANSION, _December 21, 1885_.

_To the Senate and House of Representatives_:

I transmit herewith a communication of the 17th instant from the
Secretary of the Interior, submitting, with accompanying papers, a draft
of a bill granting a right of way to the Jamestown and Northern Railroad
Company through the Devils Lake Indian Reservation, in the Territory of
Dakota.

The matter is presented for the consideration and action of Congress.

GROVER CLEVELAND.



EXECUTIVE MANSION, _December 21, 1885_.

_To the Senate and House of Representatives_:

I transmit herewith a communication of the 15th instant from the
Secretary of the Interior, submitting, with accompanying papers upon the
subject, a draft of a bill to amend section 2148 of the Revised Statutes
of the United States, relating to trespasses upon Indian lands.

The subject is one of great importance, and is commended to the early
and favorable action of Congress.

GROVER CLEVELAND.



EXECUTIVE MANSION, _December 21, 1885_.

_To the Senate and House of Representatives_:

I transmit herewith a report, together with accompanying documents, made
to me by the board of management of the World's Industrial and Cotton
Centennial Exposition, held at New Orleans from December 16, 1884, to
May 31, 1885.

GROVER CLEVELAND.



EXECUTIVE MANSION, _December 21, 1885_.

_To the Senate and House of Representatives_:

I transmit herewith a communication of the 17th instant from the
Secretary of the Interior, submitting, with accompanying papers, a draft
of a bill to accept and ratify an agreement made by the Pi-Ute Indians,
and granting a right of way to the Carson and Colorado Railroad Company
through the Walker River Reservation, in Nevada.

The matter is presented for the consideration and action of Congress.

GROVER CLEVELAND.



EXECUTIVE MANSION, _December 21, 1885_.

_To the Senate and House of Representatives_:

I transmit herewith a communication of the 17th instant from the
Secretary of the Interior, submitting, with accompanying papers, a
report of the Commissioner of Indian Affairs concerning the failure of
the Utah and Northern Railroad Company to compensate the Indians upon
the Fort Hall Reservation, in Idaho, for lands taken and used in
construction of their line of road crossing the reservation from north
to south.

The subject is recommended to the early attention and action of
Congress.

GROVER CLEVELAND.



EXECUTIVE MANSION, _December 21, 1885_.

_To the Senate and House of Representatives_:

I transmit herewith a communication of the 15th instant from the
Secretary of the Interior, submitting, with accompanying papers upon the
subject, a draft of a bill "to provide for the settlement of the estates
of deceased Kickapoo Indians in the State of Kansas, and for other
purposes."

The matter is presented for the favorable consideration of Congress.

GROVER CLEVELAND.



EXECUTIVE MANSION, _December 21, 1885_.

_To the Senate and House of Representatives_:

I transmit herewith a communication of the 15th instant from the
Secretary of the Interior, submitting, with accompanying papers upon the
subject, a draft of a bill for the relief of the Mission Indians in
California.

The subject is presented for the action of Congress.

GROVER CLEVELAND.



EXECUTIVE MANSION, _December 21, 1885_.

_To the Senate and House of Representatives_:

I transmit herewith a communication of the 17th instant from the
Secretary of the Interior, submitting, with accompanying papers, a draft
of a bill to accept and ratify an agreement made by the Sisseton and
Wahpeton Indians, and to grant a right of way for the Chicago, Milwaukee
and St. Paul Railway through the Lake Traverse Reservation, in Dakota.
The subject is presented for the consideration and action of Congress.

GROVER CLEVELAND.



EXECUTIVE MANSION, _December 21, 1885_.

_To the Senate and House of Representatives_:

I transmit herewith a communication of the 15th instant from the
Secretary of the Interior, submitting, with accompanying papers on the
subject, a draft of a bill to amend section 5388 of the Revised Statutes
of the United States, relating to timber depredations upon lands
reserved or purchased for military, Indian, or other purposes, etc.

This is an important subject, and is commended to the early attention of
Congress.

GROVER CLEVELAND.



EXECUTIVE MANSION, _December 21, 1885_.

_To the Senate and House of Representatives_:

I transmit herewith a communication of the 15th instant from the
Secretary of the Interior, submitting, with accompanying papers, a draft
of a bill to accept and ratify an agreement made with the confederated
tribes and bands of Indians occupying the Yakima Reservation, in
Washington Territory, for the right of way of the Northern Pacific
Railroad across said reservation, etc.

The matter is presented for the consideration and action of Congress.

GROVER CLEVELAND.



EXECUTIVE MANSION, _January 5, 1886_.

_To the Senate and House of Representatives_:

I transmit herewith a communication of the 19th ultimo from the
Secretary of the Interior, submitting, with accompanying papers in
relation thereto, a draft of a bill "to provide for allotments of lands
in severalty to the Indians residing upon the Round Valley Reservation,
in the State of California, and granting patents therefor, and for other
purposes."

The matter is presented for the early consideration and action of
Congress.

GROVER CLEVELAND.



EXECUTIVE MANSION, _January 7, 1886_.

_To the Senate_:

I transmit herewith, in response to a resolution of the Senate of the
9th ultimo, a report of the Secretary of State, in answer to the request
for any documents or information received from our consul-general at
Paris or from the special agent sent to the financial centers of Europe
in respect to the establishment of an international ratio of gold and
silver coinage as would procure the free coinage of both metals at the
mints of those countries and our own.

GROVER CLEVELAND.



EXECUTIVE MANSION, _January 12, 1886_.

_To the Senate and House of Representatives_:

In continuation of the message of my predecessor of the 13th of February
last, I now transmit herewith a letter from the Secretary of State,
which is accompanied by the final report of the commissioners appointed
under the act of July 7, 1884, to visit the States of Central and South
America.

GROVER CLEVELAND.



EXECUTIVE MANSION, _January 12, 1886_.

_To the Senate and House of Representatives_:

I transmit herewith a communication of the 2d instant from the Secretary
of the Interior, submitting, with accompanying papers, a draft of a bill
to amend section 9 of the act of March 3, 1885, relating to the trial
and punishment of Indians committing certain specified crimes.

The subject is presented for the consideration and action of Congress.

GROVER CLEVELAND.



EXECUTIVE MANSION, _January 12, 1886_.

_To the Senate_:

I transmit herewith a report of the Secretary of State, in response to a
resolution of the Senate of the 14th ultimo, requesting a copy of "any
report of an actual instrumental survey of a line for a ship railroad
across the Isthmus of Tehuantepec and any map of the same that has been
made to or placed on file in any of the Executive Departments, and of
any canal or canals designed to connect such ship railway with the Gulf
of Mexico or the Pacific Ocean."

GROVER CLEVELAND.



EXECUTIVE MANSION, _January 12, 1886_.

_To the Senate of the United States_:

I transmit herewith a communication from the Secretary of State,
accompanied by a report of Hon. James O. Broadhead and Somerville P.
Tuck, appointed to carry out certain of the provisions of section 5 of
an act entitled "An act to provide for the ascertainment of claims of
American citizens for spoliations committed by the French prior to the
31st day of July, 1801," approved January 20, 1885.

GROVER CLEVELAND.



EXECUTIVE MANSION, _January 12, 1886_.

_To the Senate_:

I transmit herewith, in response to a resolution of the Senate of the
5th instant, a report of the Secretary of State, containing all the
correspondence and information in the custody of his Department relative
to the extension of certain fishing rights and privileges under the
treaty of Washington from July 1, 1885, to January 1, 1886.

GROVER CLEVELAND.



EXECUTIVE MANSION, _January 25, 1886_.

_To the Senate and House of Representatives_:

I transmit herewith a letter from the Secretary of State, which is
accompanied by the report of the United States Electrical Commission of
the proceedings of the National Conference of Electricians held at the
city of Philadelphia in the month of September, 1884.

GROVER CLEVELAND.



EXECUTIVE MANSION, _January 25, 1886_.

_To the Senate and House of Representatives_:

I transmit herewith a communication of the 16th instant from the
Secretary of the Interior, submitting, with accompanying papers, a draft
of proposed legislation providing for negotiations with the various
tribes and bands of Chippewa Indians in the State of Minnesota, with a
view to the improvement of their present condition.

It is requested that the matter may have early attention, consideration,
and action by Congress.

GROVER CLEVELAND.



EXECUTIVE MANSION, _January 28, 1886_.

_To the Senate_:

In continuing accord with the Senate resolution of December 9, 1885,
I transmit herewith a letter from the Secretary of State, accompanied
by information received from the United States minister to Belgium in
relation to the action of the Belgian Government in concluding its
adhesion to the monetary convention of the States comprising the "Latin
Union."

GROVER CLEVELAND.



EXECUTIVE MANSION, _January 28, 1886_.

_To the Senate and House of Representatives_:

I transmit herewith a communication of 25th instant from the Secretary
of the Interior, submitting, with accompanying papers, the draft of a
proposed amendment to the first section of the act ratifying an
agreement with the Crow Indians in Montana, approved April 11, 1882,
requested by said Indians, for the purpose of increasing the amount of
the annual payments under said agreement and reducing the number
thereof, in order that sufficient means may be provided for establishing
them on their individual allotments.

The matter is presented for the consideration and action of Congress.

GROVER CLEVELAND.



EXECUTIVE MANSION, _Washington, February 4, 1886_.

_To the Senate_:

By its resolution in executive session of March 18, 1885, the Senate
advised and consented to the ratification of the convention concluded
November 12, 1884, between the United States of America and the United
States of Mexico, touching the boundary line between the two countries
where it follows the bed of the Rio Grande and the Rio Gila.

The ratifications could not, however, be exchanged between the two
contracting parties and the convention proclaimed until after it had
received the constitutional sanction of the Government of Mexico, whose
Congress but recently convened.

In a note to the Secretary of State of December 26, 1885, Mr. Matias
Romero, the minister of Mexico here, advises him of a decree issued by
the Mexican Senate in its session of December 11 last, approving, with
certain modifications, the convention in question:

"The modifications made in the said treaty by the Mexican Senate
are not essential," says Mr. Romero, "since they consist mainly in the
rectification of the mistake made when the Gila River was mentioned as a
part of the boundary line, the Colorado River being omitted, and in the
correction of an error in the Spanish translation."

That the Senate may have the matter fully before it, I herewith transmit
a copy of Mr. Romero's note of December 26, 1885, with its inclosure,
and return the convention in the original for such further consideration
and direction as the Senate in its constitutional prerogative may deem
necessary and proper.

GROVER CLEVELAND.



EXECUTIVE MANSION, _February 4, 1886_.

THE PRESIDENT OF THE SENATE PRO TEMPORE.

SIR: In response to the Senate resolution dated January 5, 1886--

That the Secretary of the Interior be, and hereby is, directed to
communicate to the Senate a copy of each report made by the Government
directors of the Union Pacific Railroad Company from date of first
appointment of such directors to the present time--


I transmit herewith a communication from the Secretary of the Interior,
dated the 2d instant, with the copies required.

GROVER CLEVELAND.



EXECUTIVE MANSION, _February 4, 1886_.

THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.

SIR: In response to House resolution of January 27, 1886--

That the Secretary of the Interior be, and is hereby, requested to
furnish this House with copies of any and all contracts or leases which
are to be found on file in said Department between the Southern Pacific
Company and any and every railroad or railroads to which land grants
were made, or which received any subsidies from the United States; also
a copy of the charter of incorporation of the Southern Pacific Company;
also all and every contract or contracts on file between the Pacific
Steamship Company and any and every land grant or subsidized railroad
company or companies--


I transmit herewith a communication from the Secretary of the Interior,
dated the 2d instant, inclosing the copies required.

GROVER CLEVELAND.



EXECUTIVE MANSION, _February 4, 1886_.

_To the Senate and House of Representatives_:

I transmit herewith a communication of 3d instant from the Secretary of
the Interior, submitting, with accompanying papers, a draft of a bill
authorizing the use of certain funds belonging to the Miami Indians in
Indian Territory, proceeds of sales of their lands, for the purpose of
relieving their present pressing necessities.

The matter is presented for the consideration and action of Congress.

GROVER CLEVELAND.



EXECUTIVE MANSION, _February 8, 1886_.

_To the Senate and House of Representatives_:

I transmit herewith a letter from the Secretary of the Interior, dated
5th instant, inclosing the recommendation of the Commissioner of Indian
Affairs for the insertion in the act making appropriations for the
current and contingent expenses of the Indian Department for the year
ending June 30, 1887, of an item providing for an agent for the
Winnebago Indians in Wisconsin, at a salary of $1,500 per annum.

The matter is respectfully submitted for the consideration and action of
Congress.

GROVER CLEVELAND.



EXECUTIVE MANSION, _February 8, 1886_.

THE PRESIDENT OF THE SENATE PRO TEMPORE.

SIR: In response to Senate resolution of January 7, 1886--

That the Secretary of the Interior be, and hereby is, directed to
communicate to the Senate whether any surveys of the public lands have
been made within the last two years in the State of Nebraska; whether
there are any unsurveyed public lands within said State; also what
recommendations have been made within the last three years by the
surveyors-general of said district as to the discontinuance of said
office, and whether it is advisable that the office of surveyor-general
of said district should cease and be discontinued under the provisions
of section 2218 of the Revised Statutes of the United States--


I transmit herewith a communication from the Secretary of the Interior,
dated the 3d instant, inclosing the information desired.

GROVER CLEVELAND.



EXECUTIVE MANSION, _February 15, 1886_.

_To the Senate and House of Representatives_:

I transmit herewith, for the consideration of Congress, a communication,
under date of the 9th instant, from the Secretary of the Interior, and
the accompanying last annual report of the Government directors of the
Union Pacific Railway Company.

GROVER CLEVELAND.



EXECUTIVE MANSION, _February 15, 1886_.

_To the Senate and House of Representatives_:

I transmit herewith a communication of the 12th instant from the
Secretary of the Interior, submitting, with accompanying papers, the
draft of a bill prepared by the Commissioner of Indian Affairs to amend
the third section of the act of March 3, 1885, "to provide for the sale
of the Sac and Fox and Iowa Indian reservations in the States of
Nebraska and Kansas, and for other purposes."

The matter is presented for the consideration and action of Congress.

GROVER CLEVELAND.



EXECUTIVE MANSION, _February 16, 1886_.

_To the Senate of the United States_:

I transmit herewith, in response to a resolution of the Senate of
the 9th instant, a statement showing the payments of awards of the
commissioners appointed under the conventions between the United States
and France concluded April 30, 1803, and July 4, 1831, and between the
United States and Spain concluded February 22, 1819, prepared from the
books in the Department of the Treasury, under the direction of the
Secretary of the Treasury, at the request of the Secretary of State.

Also, for the further information of the Senate, a report prepared by
direction of the Secretary of State, from the original records in his
custody, of the awards made by the said commissioners in claims allowed
by them.

GROVER CLEVELAND.



EXECUTIVE MANSION, _Washington, D.C., March 1, 1886_.

_To the Senate of the United States_:

Ever since the beginning of the present session of the Senate the
different heads of the Departments attached to the executive branch of
the Government have been plied with various requests and demands from
committees of the Senate, from members of such committees, and at last
from the Senate itself, requiring the transmission of reasons for the
suspension of certain officials during the recess of that body, or for
the papers touching the conduct of such officials, or for all papers and
documents relating to such suspensions, or for all documents and papers
filed in such Departments in relation to the management and conduct of
the offices held by such suspended officials.

The different terms from time to time adopted in making these requests
and demands, the order in which they succeeded each other, and the fact
that when made by the Senate the resolution for that purpose was passed
in executive session have led to the presumption, the correctness of
which will, I suppose, be candidly admitted, that from first to last the
information thus sought and the papers thus demanded were desired for
use by the Senate and its committees in considering the propriety of the
suspensions referred to.

Though these suspensions are my executive acts, based upon considerations
addressed to me alone and for which I am wholly responsible, I have had
no invitation from the Senate to state the position which I have felt
constrained to assume in relation to the same or to interpret for myself
my acts and motives in the premises.

In this condition of affairs I have forborne addressing the Senate upon
the subject, lest I might be accused of thrusting myself unbidden upon
the attention of that body.

But the report of the Committee on the Judiciary of the Senate lately
presented and published, which censures the Attorney-General of the
United States for his refusal to transmit certain papers relating to a
suspension from office, and which also, if I correctly interpret it,
evinces a misapprehension of the position of the Executive upon the
question of such suspensions, will, I hope, justify this communication.

This report is predicated upon a resolution of the Senate directed to
the Attorney-General and his reply to the same. This resolution was
adopted in executive session devoted entirely to business connected
with the consideration of nominations for office. It required the
Attorney-General "to transmit to the Senate copies of all documents and
papers that have been filed in the Department of Justice since the 1st
day of January, 1885, in relation to the management and conduct of the
office of district attorney of the United States for the southern
district of Alabama."

The incumbent of this office on the 1st day of January, 1885, and until
the 17th day of July ensuing, was George M. Duskin, who on the day last
mentioned was suspended by an Executive order, and John D. Burnett
designated to perform the duties of said office. At the time of the
passage of the resolution above referred to the nomination of Burnett
for said office was pending before the Senate, and all the papers
relating to said nomination were before that body for its inspection and
information.

In reply to this resolution the Attorney-General, after referring to the
fact that the papers relating to the nomination of Burnett had already
been sent to the Senate, stated that he was directed by the President to
say that--

The papers and documents which are mentioned in said resolution and
still remaining in the custody of this Department, having exclusive
reference to the suspension by the President of George M. Duskin, the
late incumbent of the office of district attorney for the southern
district of Alabama, it is not considered that the public interests will
be promoted by a compliance with said resolution and the transmission of
the papers and documents therein mentioned to the Senate in executive
session.


Upon this resolution and the answer thereto the issue is thus stated by
the Committee on the Judiciary at the outset of the report:

The important question, then, is whether it is within the constitutional
competence of either House of Congress to have access to the official
papers and documents in the various public offices of the United States
created by laws enacted by themselves.


I do not suppose that "the public offices of the United States" are
regulated or controlled in their relations to either House of Congress
by the fact that they were "created by laws enacted by themselves."
It must be that these instrumentalities were created for the benefit of
the people and to answer the general purposes of government under the
Constitution and the laws, and that they are unencumbered by any lien in
favor of either branch of Congress growing out of their construction,
and unembarrassed by any obligation to the Senate as the price of their
creation.

The complaint of the committee that access to official papers in the
public offices is denied the Senate is met by the statement that at no
time has it been the disposition or the intention of the President or
any Department of the executive branch of the Government to withhold
from the Senate official documents or papers filed in any of the public
offices. While it is by no means conceded that the Senate has the right
in any case to review the act of the Executive in removing or suspending
a public officer, upon official documents or otherwise, it is considered
that documents and papers of that nature should, because they are
official, be freely transmitted to the Senate upon its demand, trusting
the use of the same for proper and legitimate purposes to the good faith
of that body; and though no such paper or document has been specifically
demanded in any of the numerous requests and demands made upon the
Departments, yet as often as they were found in the public offices they
have been furnished in answer to such applications.

The letter of the Attorney-General in response to the resolution of the
Senate in the particular case mentioned in the committee's report was
written at my suggestion and by my direction. There had been no official
papers or documents filed in his Department relating to the case within
the period specified in the resolution. The letter was intended, by its
description of the papers and documents remaining in the custody of the
Department, to convey the idea that they were not official; and it was
assumed that the resolution called for information, papers, and
documents of the same character as were required by the requests and
demands which preceded it.

Everything that had been written or done on behalf of the Senate
from the beginning pointed to all letters and papers of a private and
unofficial nature as the objects of search, if they were to be found in
the Departments, and provided they had been presented to the Executive
with a view to their consideration upon the question of suspension from
office.

Against the transmission of such papers and documents I have
interposed my advice and direction. This has not been done, as is
suggested in the committee's report, upon the assumption on my part that
the Attorney-General or any other head of a Department "is the servant
of the President, and is to give or withhold copies of documents in his
office according to the will of the Executive and not otherwise," but
because I regard the papers and documents withheld and addressed to me
or intended for my use and action purely unofficial and private, not
infrequently confidential, and having reference to the performance of a
duty exclusively mine. I consider them in no proper sense as upon the
files of the Department, but as deposited there for my convenience,
remaining still completely under my control. I suppose if I desired to
take them into my custody I might do so with entire propriety, and if
I saw fit to destroy them no one could complain.

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