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A Compilation of the Messages and Papers of the Presidents. Volume 8, part 3: Grover Cleveland, First Term cover

A Compilation of the Messages and Papers of the Presidents. Volume 8, part 3: Grover Cleveland, First Term

Chapter 25: EXECUTIVE ORDERS.
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About This Book

A collection of official communications and supporting documents from a presidential administration, comprising inaugural and other public addresses, executive messages to the legislature, vetoes and opinions, correspondence, and biographical material. The texts set out the executive's reasoning on governance, fiscal and legal questions, administrative duties, and the exercise of constitutional powers, and they record specific administrative decisions with their stated rationales. Presented as primary-source materials, the compilation offers direct access to the administration's policy priorities, legal interpretations, and public statements across the term.

To the House of Representatives:

I return without approval House bill No. 5877, entitled "An act for the relief of William H. Morhiser."

This beneficiary, though apparently not regularly enlisted in the military service of the country during the time covered by this bill for his relief, performed military duty, was captured and imprisoned. No technicality should be interposed in considering this bill to prevent the receipt by him of the same pay and allowances awarded under like circumstances to soldiers regularly enlisted.

But this bill proposes to appropriate for the benefit of this claimant such sum as pay and allowances as would be allowed a private of cavalry from November 30, 1863, to January 1, 1865. It appears from the records of the War Department that he has already been paid for at least two months of that time.

The bill also provides that there shall also be allowed to the claimant such additional pay and allowances, as commutation of rations and so forth, as were allowed prisoners of war, from July 30, 1864, to January 1, 1865. The records disclose the fact that he has been allowed commutation of rations from July 30, 1864, to December 11, 1864.

As the purpose of this bill, as gathered from the report of the committee to whom it was referred, appears to be to secure for the claimant therein named compensation "at the rate at which other soldiers in the same situation were paid," and as he seems already to have received a considerable part of the compensation provided for in the bill, I am led to suppose that a mistake has been made in framing the same.

GROVER CLEVELAND.

 

 

EXECUTIVE MANSION, February 24, 1887.

To the House of Representatives:

I herewith return without approval House bill No. 7648, entitled "An act for the relief of the estate of the late John How, Indian agent, and his sureties."

John How was appointed Indian agent in July, 1878, and upon such appointment gave a bond to the Government in the penal sum of $10,000 conditioned for the faithful performance of his duties as such agent and to protect the Government from loss by mismanagement or malfeasance in his official conduct. The parties named in the bill were his sureties on said bond.

On the 23d day of December, 1881, upon a report of inspectors connected with the Indian Bureau suggesting frauds and mismanagement in the conduct of this agency, Mr. How was suspended from his office, which suspension was approved by the President in January, 1882.

After such suspension the accounts of the agent were examined and various explanations offered by him in relation thereto. It is stated, however, in a report from the Indian Office now before me, that such explanations were deemed by that office sufficient to remove only a small part of the items in the accounts which were questioned. The matter was thereupon referred to the Treasury Department for further examination and adjustment.

The Second Comptroller reports that the final settlement of this agent's accounts was pending before the accounting officers for upward of eighteen months, affording ample opportunity for any explanation which might be deemed necessary and proper, and that on the 21st day of July, 1885, a final adjustment was made of the said accounts, by which a sum very much in excess of the penalty of his bond was found due from said agent to the Government.

A suit was afterwards instituted against the agent and his sureties to recover the amount thus found due, so far as the bond covered the same.

This suit is still pending.

The object of the bill now under consideration is to wholly release and discharge these sureties from any liability upon said bond.

It seems to be the opinion of all the officers of the Government who have examined the matter at all that a debt exists in favor of the Government upon this bond. It is reported that a large amount of evidence has been taken, and that in the opinion of these officers the amount due the Government can not be reduced to a less amount than the penalty of the bond.

The Second Comptroller states, as results of examinations made in his office and by the Second Auditor, that it appears that many of the vouchers presented by the agent were fictitious, the persons in whose names they were given testifying that services and supplies therein mentioned were never rendered or furnished; that in other cases parties denied the genuineness of vouchers purporting to be made by them; that a large voucher apparently given for cattle was actually given for money loaned, and that supplies bought with Government funds were appropriated for the agent's personal benefit.

I do not suppose that it was intended by the Congress to entirely relieve these sureties if a condition exists such as is above set out, which results in an indebtedness to the Government. The proposed legislation, judging from the report of the House Committee on Claims, seems rather to proceed upon the theory that no sum is due the Government in the premises.

I think it will hardly be claimed that the patient investigation of the accounting officers should be lightly discredited in this case; and it seems to me that justness to the Government and fairness to the sureties seeking relief will presumably be secured by the further prosecution of the suit already instituted, in which the truth of all matters involved can be thoroughly tested.

GROVER CLEVELAND.

 

 

EXECUTIVE MANSION, February 25, 1887.

To the Senate:

I herewith return without approval Senate bill No. 1162, entitled "An act for the erection of a post-office building at Lynn, Mass."

The title of this bill sufficiently indicates its purpose.

Congressional action in its favor appears to be based, as usual in such cases, upon representations concerning the population of the town in which it is proposed to erect the building, and the increase in such population, the number of railroad trains arriving and departing daily, and various other items calculated to demonstrate the importance of the city selected for Federal decoration.

These statements are supplemented by a report from the postmaster, setting forth that his postal receipts are increasing, giving the number of square feet now occupied by his office, the amount of rent paid, and the number of his employees.

This bill, unlike others of its class which seek to provide a place for a number of Federal offices, simply authorizes the construction of a building for the accommodation of the post-office alone.

The report of the postmaster differs also in this case from those which are usually furnished, inasmuch as it is therein distinctly stated that the space now furnished for his office is sufficient for its present operations. He adds, however, that from present indications there will be a large increase in the business of the office during the next ten years.

It is quite apparent that there is no necessity for the expenditure of $100,000, the amount limited in this bill, or any other sum, for the construction of the proposed building to meet the wants of the Government, and for this reason I am constrained to disapprove the proposed legislation.

GROVER CLEVELAND.

 

 

EXECUTIVE MANSION, February 26, 1887.

To the Senate:

I herewith return without approval Senate bill No. 2045, entitled "An act granting a pension to Mrs. Sarah Hamilton."

Thomas Hamilton, the husband of the beneficiary named in this bill, enlisted September 2, 1862. Upon the records he is reported present to April 30, 1863; deserted May 27, 1863. His name is dropped from subsequent rolls to February 29, 1864, when he is reported as a deserter in arrest. He is not borne upon the rolls for March and April, 1864; for May and June, 1864, he is reported absent in arrest; for July and August, present under arrest; and for September and October, present for duty. He was mustered out with his company May 24, 1865.

He applied for a pension in 1872, alleging that he received an injury to his left leg about February 15, 1863, at St. Louis, by falling from a ladder, causing varicose veins and stiffening of the leg.

He was granted a pension January 29, 1881, to commence May 25, 1865.

He subsequently applied for an increase of pension, claiming that his eyes had become affected as a result of his varicose veins. This application was rejected upon the ground that the disability for which he was pensioned had not increased and that the disease of his eyes was not a result of such disability.

The pensioner died April 22, 1883, twenty years after his alleged injury, of cerebral apoplexy; and a physician states it as his judgment that the varicosed condition of the venous system was primarily the cause of his disabilities and death.

His widow filed an application for pension October 31, 1883, which was rejected upon the ground that the soldier's death was not the result of his military service.

Notwithstanding the record of the deceased soldier, stained as it is with the charge of desertion, and the entire absence of any record proof of sickness and injury, I should consider myself, in favor of his widow, bound by the act of the Pension Bureau in allowing him a pension, and should cheerfully aid her attempt to procure a pension for herself in her needy condition, if I was not thoroughly convinced that her husband's death had no relation to his military service or any injury for which he was pensioned.

To the ordinary mind it seems impossible that apoplexy could result from such a varicosed condition as is described in this case. I do not understand that the physician who gives a contrary opinion bases his judgment upon actual observation at the time the soldier died. The last medical examination by the Pension Bureau before the soldier's death was in October, 1882, and resulted in the following report of the examining surgeon:

Weight, 180 pounds; age, 69 years; has varicose veins of left leg, but not to such an extent as to increase the size of the leg or result in marked disability; he is entirely blind in both eyes from glaucoma, which does not in any degree, in my opinion, depend upon the pensioned disability—varicose veins.

It appears that the benefit proposed by this bill can neither be properly regarded as a gratuity, based upon the honorable service and record of the soldier, nor predicated on his death resulting from a disability incurred in such service.

GROVER CLEVELAND.

 

 

EXECUTIVE MANSION, February 26, 1887.

To the Senate:

I herewith return without approval Senate bill No. 2210, entitled "An act granting a pension to Anna Wright."

The beneficiary named in this bill was granted a pension on the 17th day of November, 1886, dating from May 25, 1863, and is now under the general law receiving precisely the pension which she would receive under the bill herewith returned if the same should be approved.

GROVER CLEVELAND.

 

 

EXECUTIVE MANSION, Washington, February 26, 1887.

To the House of Representatives:

I herewith return without approval House bill No. 6976, entitled "An act to erect a public building at Portsmouth, Ohio."

It is represented in support of this bill that Portsmouth by its last census had a population of 11,321, and that, it contains at present not less than 15,000 inhabitants; that it is a place of considerable manufacturing and commercial importance, and that there is no public building for the transaction of the business of the General Government nearer than Columbus or Cincinnati, both about 100 miles distant.

It is further stated in a communication from the promoter of this bill that—

There is not a Federal public building in the State of Ohio east of the line drawn on the accompanying map from Cleveland through Columbus to Cincinnati; and when wealth and population and the needs of the public service are considered, the distribution of public buildings in the State is an unfair one.

Here is disclosed a theory of expenditure for public buildings which I can hardly think should be adopted. If an application for the erection of such a building is to be determined by the distance between its proposed location and another public building, or upon the allegation that a certain division of a State is without a Government building, or that the distribution of these buildings in a particular State is unfair, we shall rapidly be led to an entire disregard of the considerations of necessity and public need which it seems to me should alone justify the expenditure of public funds for such a purpose.

The care and protection which the Government owes to the people do not embrace the grant of public buildings to decorate thriving and prosperous cities and villages, nor should such buildings be erected upon any principle of fair distribution among localities.

The Government is not an almoner of gifts among the people, but an instrumentality by which the people's affairs should be conducted upon business principles, regulated by the public needs.

Applying these principles to the case embraced in the bill under consideration, we find that at Portsmouth there is a post-office and an internal revenue collector's office for which the Government should provide.

It is represented that the quarters now furnished for these offices are inadequate and that more spacious rooms are desirable. In the post-office there are six employees, and the collector of internal revenue has five assistants. The annual rent paid for both these offices is $600.

Upon these facts the proposition is to expend $60,000 for a building to accommodate these offices, entailing after its completion quite a large sum annually for its care and superintendence.

Though the sum of $60,000 is the limit fixed for the cost of this building, if it should be completed for this sum it would be an exception to the rule in such cases; and if it is absolutely impossible to do the public business in the quarters now occupied by these offices, which does not appear to be claimed, there can be no difficulty in securing in this enterprising city adequate accommodations at a rent not largely in excess of that at present paid.

Upon the whole it does not appear, as a business proposition, that the building proposed should be undertaken.

GROVER CLEVELAND.

 

 

EXECUTIVE MANSION, Washington, February 28, 1887.

To the Senate:

I herewith return without approval Senate bill No. 531, entitled "An act to provide for the erection of a public building at Lafayette, Ind."

This bill appropriates $50,000 for the purpose indicated in its title.

It is represented that a deputy internal-revenue collector is located at Lafayette, but no information is furnished that he has an office there which is or ought to be furnished by the Government. It is not claimed that the Federal business at this point requires other accommodation except for the post-office located there.

As usual in such cases, the postmaster reports, in reply to inquiries, that his present quarters are inadequate, and, as usual, it appears that the postal business is increasing. The rent paid for the rooms or building in which the post-office is kept is $1, 100 per annum.

I have been informed since this bill has been in my hands that last spring a building was erected at Lafayette with special reference to its use for the post-office, and that a part of it was leased by the Government for that purpose for the term of five years. Upon the faith of such lease the premises thus rented were fitted up and furnished by the owner of the building in a manner especially adapted to postal uses, and an account of such fitting up and furnishing is before me, showing the expense of the same to have been more than $2,500.

In view of such new and recent arrangements made by the Government for the transaction of its postal business at this place, it seems that the proposed expenditure for the erection of a building for that purpose is hardly necessary or justifiable.

GROVER CLEVELAND.





PROCLAMATIONS.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas satisfactory proof has been given to me by the Government of the Netherlands that no light-house and light dues, tonnage dues, or beacon and buoy dues are imposed in the ports of the Kingdom of the Netherlands; that no other equivalent tax of any kind is imposed upon vessels in said ports, under whatever flag they may sail; that vessels belonging to the United States of America and their cargoes are not required in the Netherlands to pay any fee or due of any kind or nature, or any import due higher or other than is payable by vessels of the Netherlands or their cargoes; that no export duties are imposed in the Netherlands; and that in the free ports of the Dutch East Indies, to wit, Riouw (in the island of Riouw), Pabean, Sangrit, Loloan, and Tamboekoes (in the island of Bali), Koepang (in the island of Timor), Makassar, Menado, Kema, and Gorontalo (in the island of Celebes), Amboina, Saparoa, Banda, Ternate, and Kajeli (in the Moluccas), Olehleh and Bengkalis (in the island of Sumatra), vessels are subjected to no fiscal tax, and no import or export duties are there levied:

Now, therefore, I, Grover Cleveland, President of the United States of America, by virtue of the authority vested in me by section 11 of the act of Congress entitled "An act to abolish certain fees for official services to American vessels, and to amend the laws relating to shipping commissioners, seamen, and owners of vessels, and for other purposes," approved June 19, 1886, do hereby declare and proclaim that from and after the date of this my proclamation shall be suspended the collection of the whole of the duty of 6 cents per ton, not to exceed 30 cents per ton per annum (which is imposed by said section of said act), upon vessels entered in the ports of the United States from any of the ports of the Kingdom of the Netherlands in Europe, or from any of the above named free ports of the Dutch East Indies.

Provided, That there shall be excluded from the benefits of the suspension hereby declared and proclaimed the vessels of any foreign country in whose ports the fees or dues of any kind or nature imposed on vessels of the United States, or the import or export duties on their cargoes, are in excess of the fees, dues, or duties imposed on the vessels of such foreign country or their cargoes, or of the fees, dues, or duties imposed on the vessels of the country in which are the ports mentioned in this proclamation, or the cargoes of such vessels.

And the suspension hereby declared and proclaimed shall continue so long as the reciprocal exemption of vessels belonging to citizens of the United States and their cargoes shall be continued in the said ports of the Kingdom of the Netherlands in Europe and the said free ports of the Dutch East Indies, and no longer.

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 22d day of April, A.D. 1887, and of the Independence of the United States the one hundred and eleventh.

GROVER CLEVELAND.


By the President:
T.F. BAYARD,
Secretary of State.

 

 

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas satisfactory proof has been given to me by the Government of Spain that no discriminating duties of tonnage or imposts are imposed or levied in the islands of Cuba, Puerto Rico, and the Philippines, and all belonging to the Crown of Spain, upon vessels wholly belonging to citizens of the United States, or upon the produce, manufactures, or merchandise imported in the same from the United States or from any foreign country; and

Whereas notification of such abolition of discriminating duties of tonnage and imposts as aforesaid has been given to me by a memorandum of agreement signed this day at the city of Washington between the Secretary of State of the United States and the envoy extraordinary and minister plenipotentiary of Her Majesty the Queen Regent of Spain accredited to the Government of the United States of America:

Now, therefore, I, Grover Cleveland, President of the United States of America, by virtue of the authority vested in me by section 4228 of the Revised Statutes of the United States, do hereby declare and proclaim that from and after the date of this my proclamation, being also the date of the notification received as aforesaid, the foreign discriminating duties of tonnage and imposts within the United States are suspended and discontinued so far as respects the vessels of Spain and the produce, manufactures, or merchandise imported in said vessels into the United States from the islands of Cuba and Puerto Rico, the Philippines, and all other countries belonging to the Crown of Spain, or from any other foreign country; such suspension to continue so long as the reciprocal exemption of Vessels belonging to citizens of the United States and their cargoes shall be continued in the said islands of Cuba and Puerto Rico, and the Philippines, and all other Spanish possessions, and no longer.

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 21st day of September, A.D. 1887, and of the Independence of the United States the one hundred and twelfth.

GROVER CLEVELAND.


By the President:
T.F. BAYARD,
Secretary of State.

 

 

A PROCLAMATION

BY THE PRESIDENT OF THE UNITED STATES.

The goodness and the mercy of God, which have followed the American people during all the days of the past year, claim their grateful recognition and humble acknowledgment. By His omnipotent power He has protected us from war and pestilence and from every national calamity; by His gracious favor the earth has yielded a generous return to the labor of the husbandman, and every path of holiest toil has led to comfort and contentment; by His loving kindness the hearts of our people have been replenished with fraternal sentiment and patriotic endeavor, and by His unerring guidance we have been directed in the way of national prosperity.

To the end that we may with one accord testify our gratitude for all these blessings, I, Grover Cleveland, President of the United States, do hereby designate and set apart Thursday, the 24th day of November next, as a day of thanksgiving and prayer, to be observed by all the people of the land.

On that day let all secular work and employment be suspended, and let our people assemble in their accustomed places of worship and with prayer and songs of praise give thanks to our Heavenly Father for all that He has done for us, while we humbly implore the forgiveness of our sins and a continuance of His mercy.

Let families and kindred be reunited on that day, and let their hearts, filled with kindly cheer and affectionate reminiscence, be turned in thankfulness to the source of all their pleasures and the giver of all that makes the day glad and joyous.

And in the midst of our worship and our happiness let us remember the poor, the needy, and the unfortunate, and by our gifts of charity and ready benevolence let us increase the number of those who with grateful hearts shall join in our thanksgiving.

In witness whereof I have set my hand and caused the seal of the United States to be hereunto affixed.

[SEAL.]

Done at the city of Washington, this 25th day of October, A.D. 1887, and of the Independence of the United States the one hundred and twelfth.

GROVER CLEVELAND.


By the President:
T.F. BAYARD,
Secretary of State.





EXECUTIVE ORDERS.

JANUARY 4, 1887.

In the exercise of the power vested in the President by the Constitution, and by virtue of the seventeen hundred and fifty-third section of the Revised Statutes and of the civil-service act approved January 16, 1883, the following regulations governing promotions in the customs service at the city of New York are hereby approved and promulgated:

REGULATION 1.

The board of examiners at the New York customs district may at any time, with the approval of the Civil Service Commission, order an examination for promotion, and at least five days before the examination is to take place shall cause a notice to be posted conspicuously in the office for which such examination is to be held, and shall state in said notice the class or classes to test fitness for promotion to which the examination is to be held and the time and place of examination. Promotions shall be from class to class, and the examination of persons in one class shall be to test their fitness for promotion to the next higher class: Provided, however, That if in any examination for promotion the competitors in the next lower class shall not exceed three in number, the board may, at its discretion, open the competition to one or more of the classes below the class in which there are not more than three competitors. All persons in the class immediately below the class for which promotions are to be made, and who have been in said class at least six months, must be examined for promotion.

REGULATION 2.

The examination must be held upon such subjects as in the opinion of the board of examiners, with the approval of the Commission, the general nature of the business of the office and the special nature of the positions to be filled may require. In grading the competitors due weight must be given to the efficiency with which the several competitors shall have performed their duties in the office; but none who shall fail to attain a minimum standard of 75 per cent in the written examination shall be certified for promotion.

REGULATION 3.

The whole list of eligibles from which the promotion is to be made shall be certified to the nominating officer.

REGULATION 4.

Any person employed in any of the offices to which these regulations apply may be transferred without examination, after service of six months consecutively since January 16, 1883, from one office to a class no higher in another office, upon certification by the board of examiners that he has passed an examination for the class in which he is doing duty, and with the consent of the heads of the respective offices and the approval of the Secretary of the Treasury.

REGULATION 5.

The Civil Service Commission may at any time amend these regulations or substitute other regulations therefor.

The foregoing regulations are adopted and approved.

GROVER CLEVELAND.

 

 

In the exercise of the power vested in the President by the Constitution, and by virtue of the seventeen hundred and fifty-third section of the Revised Statutes and of the civil-service act approved January 16, 1883, the following rule for the regulation and improvement of the executive civil service is hereby amended and promulgated, as follows:

RULE IV.

1. The Civil Service Commission shall have authority to appoint the following-named boards of civil-service examiners:

The central board.—This board shall be composed of seven members, who shall be detailed from the Departments in which they may be serving at the time of appointment for continuous service at the office of the Civil Service Commission. Under the supervision of the Commission, the central board shall examine and mark the papers of all examinations for entrance to the departmental service, and also such of the papers of examinations for entrance to either the customs or the postal service as shall be submitted to it by the Commission. The Commission shall have authority to require any customs or postal board to send the papers of any examination conducted by said board to be examined and marked by the central board. The persons composing this board shall be in the departmental service.

Special boards.—These boards shall mark the papers of special examinations for the classified departmental service, and shall be composed of persons in the public service.

Supplementary boards.—These boards shall mark the papers of supplementary examinations for the classified departmental service, and shall be composed of persons in the public service.

Local departmental boards.—These boards shall be organized at one or more places in each State and Territory where examinations for the departmental service are to be held, and shall each be composed of persons in the public service residing in the State or Territory in which the board is to act.

Customs boards.—One for each classified customs district, to be composed of persons in the customs service in the district for which the board is to act. These boards shall conduct examinations for entrance to and promotion in the classified customs service.

Postal boards.—One for each classified post-office, to be composed of persons in the postal service at the post-office for which said board is to act. These boards shall conduct examinations for entrance to and promotions in the postal service.

2. No person shall be appointed a member of any board of examiners named herein until after consultation by the Civil Service Commission with the head of the Department or office in which the person whom it desires to appoint is serving.

3. It shall be the duty of the head of any classified customs office or classified post-office to promptly inform the Civil Service Commission, in writing, of the removal or resignation from the public service, or of the death, of any member of a board of examiners appointed from his office; and upon request of the Commission such officer shall state to the Commission which of the persons employed in his office he regards as most competent to fill the vacancy thus occasioned, or any vacancy which may otherwise occur; and in making this statement the officer shall mention generally the qualifications of each of the persons named therein by him.

4. The duties of a member of a special, supplementary, local, departmental, customs, or postal board of examiners shall be regarded as a part of the public duties of such examiner, and each examiner shall be allowed time during office hours to perform the duties required of him.

5. The Civil Service Commission shall have authority to adopt regulations which shall (1) prescribe the manner of organizing the several boards of civil-service examiners herein named, (2) more particularly state the powers of each of said boards, and (3) specifically define the duties of the members thereof.

6. The Civil Service Commission shall have authority to change at any time the membership of any of the above-named boards of civil-service examiners.

Approved, January 15, 1887.

GROVER CLEVELAND.

 

 

REGULATIONS FOR THE DISTRIBUTION OF ARMS, ORDNANCE STORES, QUARTERMASTER'S STORES, AND CAMP EQUIPAGE TO THE TERRITORIES AND THE DISTRICT OF COLUMBIA, PRESCRIBED BY THE PRESIDENT OF THE UNITED STATES IN CONFORMITY WITH THE SECOND SECTION OF THE ACT ENTITLED "AN ACT TO AMEND SECTION 1661, REVISED STATUTES, MAKING AN ANNUAL APPROPRIATION TO PROVIDE ARMS AND EQUIPMENTS FOR THE MILITIA."

 

EXECUTIVE MANSION, April 22, 1887.

1. Each Territory shall, if included within the provisions of said act, annually receive arms, ordnance stores, quartermaster's stores, and camp equipage equivalent to the quota of a State having the least representation in Congress, and the District of Columbia shall annually receive arms, ordnance stores, quartermaster's stores, and camp equipage not exceeding double the quota of a State having the least representation in Congress.

2. Arms, ordnance stores, quartermaster's stores, and camp equipage shall be issued to the Territories on requisitions of the governors thereof and to the District of Columbia on requisitions approved by the senior general of the District Militia present for duty. Returns shall be made annually by the senior general of the District Militia in the manner as required by sections 3 and 4 of the act above referred to in the case of States and Territories.

3. It is forbidden to make issues to States and Territories in excess of the amount to their credit under the provisions of section 1161, Revised Statutes, as amended by the above act.

4. The regulations established by President Pierce April 30, 1855, under the act approved March 30, 1855, are hereby revoked.

GROVER CLEVELAND.

 

 

In the exercise of the power vested in the President by the Constitution, and by virtue of the seventeen hundred and fifty-third section of the Revised Statutes and of the civil-service act approved January 16, 1883, Rules IV, VI, XIX, XXI of the rules for the regulation and improvement of the executive civil service are hereby amended and promulgated as follows:

RULE IV.

I. The Commission may appoint boards of examiners as follows:

The central board.—A board composed of seven members, who shall be detailed from the Departments in which they are serving when appointed for continuous service at the office of the Commission. This board shall mark such papers of examinations for admission to the departmental, customs, and postal services as the Commission may direct.

Departmental special boards.—These boards shall mark such papers of special examinations for the departmental service as the Commission may direct, and shall be composed of persons in the public service.

Departmental supplementary boards.—These boards shall mark the papers of such supplementary examinations for the departmental service as the Commission may direct, and shall be composed of persons in the public service.

Departmental promotion boards.—One for each of the Executive Departments, of three members, and one auxiliary member for each bureau of the Department for which the board is to act.

Departmental local boards.—These boards shall be organized at one or more places in each State and Territory where examinations for the departmental service are to be held, and shall each be composed of persons in the public service residing in the State or Territory in which the board is to act.

Customs boards.—One for each classified customs district, to be composed of persons in the customs service in the district for which said board is to act. These boards shall conduct examinations for entrance to and promotions in the classified customs service, and shall mark such of the examination papers for that service as the Commission shall direct. They shall also conduct such departmental examinations as the Commission may direct.

Postal boards.—One for each classified post-office, to be composed of persons in the postal service at the post-office in which said board is to act. These boards shall conduct examinations for entrance to and promotions in the postal service, and shall mark such of the examination papers for that service as the Commission may direct. They shall also conduct such departmental examinations as the Commission may direct.

2. No person shall be appointed an examiner until after consultation by the Commission with the head of the Department or office in which the person whom it desires to appoint is serving.

3. It shall be the duty of the head of any classified customs office or post-office to promptly give written information to the Commission of the removal or resignation from the public service, or of the inability or refusal to act, of any examiner in his office; and on request of the Commission such officer shall state which of the persons in his office he regards as most competent to fill the vacancy, and shall mention generally the qualifications of each person named by him.

4. The duties of an examiner shall be regarded as a part of his public duties, and each examiner shall be allowed time during office hours to perform the duties required of him.

5. The Commission may adopt regulations which shall prescribe (1) the manner of organizing the boards of examiners, (2) the powers of each board, and (3) the duties of the members thereof.

6. The Commission may create additional boards of examiners and may change the membership of any board; and boards of examiners shall perform such other appropriate duties as the Commission may impose upon them.

RULE VI.

1. There shall be open competitive examinations for testing the fitness of applicants for admission to the service. Such examinations shall be practical in their character, and so far as may be shall relate to those matters which will fairly test the relative capacity and fitness of the persons examined to discharge the duties of the branch of the service which they seek to enter.

2. And for the purpose of establishing in the classified service the principle of compulsory competitive examination for promotion there shall be, so far as practicable and useful, such examinations of a suitable character to test the fitness of persons for promotion in the service, and the Commission may make regulations applying them to any classified Department, customs office, or post-office, under which regulations examinations for promotion shall be conducted and all promotions made; but until regulations made by the Commission in accordance herewith have been applied to a classified Department, customs office, or post-office, promotions therein may be made upon any test of fitness determined upon by the promoting officer. And in any classified Department, customs office, or post-office in which promotions are made under examinations as herein provided the Commission may, in special session, if the exigencies of the service require such action, provide noncompetitive examinations for promotion.

RULE XIX.

There are excepted from examination the following: (1) The confidential clerk or secretary of any head of a Department or office; (2) cashiers of collectors; (3) cashiers of postmasters; (4) superintendents of money-order divisions in post-offices; (5) the direct custodians of money for whose fidelity another officer is under official bond, and disbursing officers having the custody of money, who give bonds; but these exceptions shall not extend to any official below the grade of assistant cashier or teller; (6) persons employed exclusively in the secret service of the Government, or as translators or interpreters or stenographers; (7) persons whose employment is exclusively professional, but medical examiners are not included among such persons; (8) chief clerks, deputy collectors, deputy naval officers, deputy surveyors of customs, and superintendents or chiefs of divisions or bureaus. But no person so excepted shall be either transferred, appointed, or promoted, unless to some excepted place, without an examination under the Commission, which examination shall not take place within six months after entering the service.

RULE XXI.

1. No person, unless excepted under Rule XIX, shall be admitted into the classified civil service from any place not within said service without an examination and certification under the rules, with this exception, that any person who shall have been an officer for one year or more last preceding in any Department or office in a grade above the classified service thereof may be transferred or appointed to any place in the service of the same without examination.

2. No person who has passed only a limited examination under clause 4 of Rule VII for the lower classes or grades in the departmental or customs service shall be appointed or be promoted within two years after appointment to any position giving a salary of $1,000 or upward without first passing an examination under clause 1 of said rule; and such examination shall not be allowed within the first year after appointment.

3. But a person who has passed the examination under said clause 1 and has accepted a position giving a salary of $900 or less shall have the same right of promotion as if originally appointed to a position giving a salary of $1,000 or more.

4. The Commission may at any time certify for a $900 or any lower place in the classified service any person upon the register who has passed the examination under clause 1 of Rule VII, if such person does not object before such certification is made.

5. The provisions of this rule relating to promotions shall cease to be operative in any classified Department, customs office, or post-office when regulations for promotions have been applied thereto by the Commission under the authority conferred by clause 2 of Rule VI.

Approved, May 5, 1887.

GROVER CLEVELAND.

 

 

EXECUTIVE MANSION, Washington, May 9, 1887.

The executive offices and Departments at the seat of Government, including the public printing establishment, will be closed at noon on Thursday, the 12th instant, to enable persons employed therein to attend the exercises at the unveiling of the statue of the late President Garfield.

And employees in such offices and Departments who desire to accompany any organization to which they belong in the parade or other exercises preceding on that day the unveiling ceremonies may, by permission of the heads of their respective offices or Departments, also be granted such leave of absence as may be necessary for that purpose.

Members of the Society of the Army of the Cumberland desiring to attend any meeting of such society on Wednesday, the 11th instant, may, by special permission of the respective heads of Departments and offices, be excused from duty during the hours on that day as said meetings may be held.

GROVER CLEVELAND.

 

 

WAR DEPARTMENT, ADJUTANT-GENERAL'S OFFICE,
Washington, April 30, 1887.

HON. WILLIAM C. ENDICOTT,
Secretary of War.

SIR: I have the honor to state that there are now in this office, stored in one of the attic rooms of the building, a number of Union flags captured in action, but recovered on the fall of the Confederacy and forwarded to the War Department for safe-keeping, together with a number of Confederate flags which the fortunes of war placed in our hands during the late Civil War.

While in the past favorable action has been taken on applications properly supported for the return of Union flags to organizations representing survivors of the military regiments in the service of the Government, I beg to submit that it would be a graceful act to anticipate future requests of this nature, and venture to suggest the propriety of returning all the flags (Union and Confederate) to the authorities of the respective States in which the regiments which bore these colors were organized, for such final disposition as they may determine.

While in all the civilized nations of the world trophies taken in war against foreign enemies have been carefully preserved and exhibited as proud mementos of the nation's military glories, wise and obvious reasons have always excepted from the rule evidences of past internecine troubles which by appeals to the arbitrament of the sword have disturbed the peaceful march of a people to its destiny.

Over twenty years have elapsed since the termination of the late Civil War. Many of the prominent leaders, civil and military, of the late Confederate States are now honored representatives of the people in the national councils, or in other eminent positions lend the aid of their talents to the wise administration of affairs of the whole country; and the people of the several States composing the Union are now united, treading the broader road to a glorious future.

Impressed with these views, I have the honor to submit the suggestion made in this letter for the careful consideration it will receive at your hands.

Very truly, yours,

R.C. DRUM,
Adjutant-General.