Part 5

The Senate at its last session passed a bill providing for the construction of a building for the Library of Congress, but it failed to become a law. The provision of suitable protection for this great collection of books and for the copyright department connected with it has become a subject of national importance and should receive prompt attention.

The report of the Commissioners of the District of Columbia herewith transmitted will inform you fully of the condition of the affairs of the District.

They urge the vital importance of legislation for the reclamation and improvement of the marshes and for the establishment of the harbor lines along the Potomac River front.

It is represented that in their present condition these marshes seriously affect the health of the residents of the adjacent parts of the city, and that they greatly mar the general aspect of the park in which stands the Washington Monument. This improvement would add to that park and to the park south of the Executive Mansion a large area of valuable land, and would transform what is now believed to be a dangerous nuisance into an attractive landscape extending to the river front.

They recommend the removal of the steam railway lines from the surface of the streets of the city and the location of the necessary depots in such places as may be convenient for the public accommodation, and they call attention to the deficiency of the water supply, which seriously affects the material prosperity of the city and the health and comfort of its inhabitants.

I commend these subjects to your favorable consideration.

The importance of timely legislation with respect to the ascertainment and declaration of the vote for Presidential electors was sharply called to the attention of the people more than four years ago.

It is to be hoped that some well-defined measure may be devised before another national election which will render unnecessary a resort to any expedient of a temporary character for the determination of questions upon contested returns.

Questions which concern the very existence of the Government and the liberties of the people were suggested by the prolonged illness of the late President and his consequent incapacity to perform the functions of his office.

It is provided by the second article of the Constitution, in the fifth clause of its first section, that "in case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice-President,"

What is the intendment of the Constitution in its specification of "inability to discharge the powers and duties of the said office" as one of the contingencies which calls the Vice-President to the exercise of Presidential functions?

Is the inability limited in its nature to long-continued intellectual incapacity, or has it a broader import?

What must be its extent and duration?

How must its existence be established?

Has the President whose inability is the subject of inquiry any voice in determining whether or not it exists, or is the decision of that momentous and delicate question confided to the Vice-President, or is it contemplated by the Constitution that Congress should provide by law precisely what should constitute inability and how and by what tribunal or authority it should be ascertained?

If the inability proves to be temporary in its nature, and during its continuance the Vice-President lawfully exercises the functions of the Executive, by what tenure does he hold his office?

Does he continue as President for the remainder of the four years' term?

Or would the elected President, if his inability should cease in the interval, be empowered to resume his office?

And if, having such lawful authority, he should exercise it, would the Vice-President be thereupon empowered to resume his powers and duties as such?

I can not doubt that these important questions will receive your early and thoughtful consideration.

Deeply impressed with the gravity of the responsibilities which have so unexpectedly devolved upon me, it will be my constant purpose to cooperate with you in such measures as will promote the glory of the country and the prosperity of its people.

CHESTER A. ARTHUR.

SPECIAL MESSAGES.

EXECUTIVE MANSION,

_Washington, December 12, 1881_.

_To the Senate of the United States_:

I transmit herewith, in response to the resolution of the Senate of the 17th of May last, a report of the Secretary of State, with accompanying papers, touching the Geneva convention for the relief of the wounded in war.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _December 15, 1881_.

_To the Senate and House of Representatives:_

I transmit herewith a communication from the Secretary of the Interior, with accompanying papers, in reference to the applications of the Chicago, Texas and Mexican Central and the St. Louis and San Francisco Railway companies for a right of way across the lands of the Choctaw Nation in the Indian Territory for the building of a proposed railroad and telegraph line.

The matter is commended to the careful attention of Congress.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _December 15, 1881_.

_To the Senate of the United States:_

I transmit herewith, in response to a resolution of the Senate of the 12th instant, a report from the Secretary of State, with an accompanying paper, touching the proposed modification of the Clayton-Bulwer treaty of April 19, 1850, between the United States and Great Britain.

CHESTER A. ARTHUR.

WASHINGTON, _December 15, 1881_.

_To the Senate of the United States:_

I transmit to the Senate, for its consideration with a view to ratification, a treaty of peace, friendship, and commerce between the United States of America and the Kingdom of Madagascar, signed on the 13th day of May, 1881, together with certain correspondence relating thereto.

CHESTER A. ARTHUR.

WASHINGTON, _December 19, 1881_.

_To the Senate of the United States:_

I transmit herewith to the Senate a report from the Secretary of State, in response to its resolution of the 13th of October last, calling for the transmission to the Senate of papers on file in the Department of State relating to the seizure of one Vicenzo Rebello, an Italian, in the city of New Orleans, in June, 1881, by one James Mooney, under a warrant of arrest issued by John A. Osborn, United States commissioner in and for the city of New York.

CHESTER A. ARTHUR.

WASHINGTON, _December 19, 1881_.

_To the Senate of the United States:_

I transmit herewith to the Senate a report of the Secretary of State, in relation to the necessity of modifying the present system of consular jurisdiction of the United States in the countries of the East. I regard this subject, to which I have adverted in my general message to Congress, as one deserving the earnest attention of the National Legislature.

CHESTER A. ARTHUR.

[A similar message was sent to the House of Representatives.]

WASHINGTON, _December 19, 1881_.

_To the House of Representatives:_

I transmit herewith to the House of Representatives, for the consideration of Congress, a communication from the Secretary of State, setting forth the expediency of organizing a class of supernumerary secretaries of legation to meet the needs of our diplomatic service abroad.

CHESTER A. ARTHUR.

WASHINGTON, _December 19, 1881_.

_To the Senate of the United States:_

I transmit herewith, in reply to the resolution of the Senate of the 19th of May last, a report from the Secretary of State, with an accompanying paper.[3]

CHESTER A. ARTHUR.

[Footnote 3: List of officers, clerks, etc., in the Department of State.]

EXECUTIVE MANSION, _December 21, 1881_.

_To the House of Representatives:_

I transmit herewith, for the consideration of Congress, a communication from the Secretary of the Interior, with an accompanying paper, in which he recommends a further appropriation for the payment of the expenses of the Tenth Census; also an appropriation of $2,000 to recompense the disbursing clerk of the Department of the Interior for his services in disbursing the appropriations for the Tenth Census.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _December 21, 1881_.

_To the Senate of the United States:_

I transmit herewith, in response to a resolution of the Senate of the 6th instant, a letter from the Secretary of the Treasury and its accompanying papers.[4]

CHESTER A. ARTHUR.

[Footnote 4: Instructions to, and reports of certain examiners of national banks.]

EXECUTIVE MANSION, _January 6, 1882_.

_To the Senate and House of Representatives:_

I transmit a communication[5] I received this day from the late Postmaster-General, to which I invite your careful attention.

Though the period limited for the reception of bids under the existing advertisement expires on the 7th instant, several weeks must necessarily elapse before they can be classified and examined and the actual letting take place.

If, therefore, Congress shall be of the opinion that a change in the law is needed, it may, I presume, be made immediately applicable.

CHESTER A. ARTHUR.

[Footnote 5: Relating to fraudulent bonds accompanying certain bids and contracts for carrying United States mail.]

EXECUTIVE MANSION, _January 9, 1882_.

_To the Senate of the United States:_

I transmit herewith a communication from the Secretary of the Interior, with accompanying papers, in reference to the bill of the Choctaw Council approved November 10, 1881, granting a right of way through the Choctaw Nation to the St. Louis and San Francisco Railway Company, a bill (S. No. 60) for the ratification of which is now understood to be pending before your honorable body.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _January 11, 1882_.

_To the Senate and House of Representatives:_

I transmit herewith a communication from the Secretary of the Interior, with draft of a bill and accompanying papers, in reference to an agreement by the Shoshone and Bannock Indians with the United States for the disposal of certain of their lands in the Fort Hall Indian Reservation, in Idaho, for the use of the Utah and Northern Railway.

The matter is commended to the careful consideration of Congress.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _January 18, 1882_.

_To the Senate and House of Representatives:_

I transmit herewith a communication from the Secretary of the Interior, with draft of a bill to appropriate money to meet a deficiency in the Indian service for the fiscal year ending June 30, 1882.

A copy of report of the Commissioner of Indian Affairs, dated 13th instant, in regard to the bill is also inclosed.

The subject is commended to the attention of Congress.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _January 18, 1882_.

_To the Senate and House of Representatives:_

I transmit herewith a communication from the Secretary of the Interior, with draft of a bill and accompanying papers, amendatory of the act of March 3, 1880, for the sale of the Otoe and Missouria Indian Reservation, in the States of Nebraska and Kansas.

The subject is presented to the consideration of Congress.

CHESTER A. ARTHUR.

EXECUTIVE MANSION,

_Washington, January 18, 1882_.

_To the Senate and House of Representatives:_

I transmit herewith a letter from the Secretary of the Interior, forwarding copy of a letter addressed to him by the Commissioner of Indian Affairs, inclosing draft of a bill to create the office of medical inspector for the United States Indian service.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _January 18, 1882_.

_To the Senate and House of Representatives:_

I transmit herewith a communication from the Secretary of the Interior, with draft of bill and accompanying papers, providing for the improvement of the condition of Indians occupying reservations, and for other purposes.

The matter is commended to the consideration of Congress.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _January 18, 1882_.

_To the Senate and House of Representatives:_

I transmit herewith a communication from the Secretary of the Interior, and accompanying letter from the Commissioner of Indian Affairs, recommending a renewal of the appropriation of $10,000 heretofore made for defraying the expenses of the Board of Indian Commissioners.

The subject is commended to the consideration of Congress.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _January 18, 1882_.

_To the Senate and House of Representatives:_

I transmit herewith a communication from the Secretary of the Interior, with draft of a bill and accompanying papers, in reference to the settlement of the estate of deceased Kickapoo Indians in the State of Kansas, and for other purposes.

The matter is commended to the attention of Congress.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _January 18, 1882_.

_To the Senate and House of Representatives:_

I transmit herewith a communication from the Secretary of the Interior, with a draft of a bill and accompanying papers, to accept and ratify an agreement with the Crow Indians for the sale of a portion of their reservation in the Territory of Montana, required for the Northern Pacific Railroad, and to make the necessary appropriation for carrying the same into effect.

The subject is presented for the consideration of Congress.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _January 19, 1882_.

_To the Senate and House of Representatives:_

I transmit herewith, for the consideration of Congress, a communication from the Secretary of War, with accompanying papers, recommending an appropriation for the purchase of a site and the erection of a fireproof building to contain the records, library, and museum of the Surgeon-General's Office.

CHESTER A. ARTHUR.

OFFICE OF THE PRESIDENT OF THE UNITED STATES,

_Washington, January 19, 1882_.

_To the Senate and House of Representatives:_

I transmit herewith, for the consideration of Congress, a letter from the Secretary of War, inclosing a copy of one from the Chief Signal Officer of the Army, dated the 11th instant, setting forth the necessity for additional room for the Signal Office and recommending that Congress provide that of the amount estimated ($350,000) for "observation and report of storms, 1883," the sum of $10,000 may be expended for the hire of a safe and suitable building in Washington City for the office of the Chief Signal Officer.

CHESTER A. ARTHUR.

OFFICE OF THE PRESIDENT OF THE UNITED STATES,

_January 19, 1882_.

_To the Senate and House of Representatives:_

I transmit herewith, for the consideration of Congress, a communication from the Secretary of War, dated the 14th instant, and accompanying letter from the Chief Signal Officer of the Army, recommending the passage of a joint resolution, in accordance with the inclosed draft, authorizing the printing and binding of 10,000 additional copies of the latter's annual report for the year 1881.

CHESTER A. ARTHUR.

WASHINGTON, _January 23, 1882_.

_To the Senate of the United States:_

I transmit to the Senate, for its consideration with a view to ratification, a treaty of commerce and navigation between the United States of America and His Majesty the King of Roumania, signed on the 11th day of April last.

CHESTER A. ARTHUR.

WASHINGTON, _January 24, 1882_.

_To the Senate of the United States:_

I transmit to the Senate, for its consideration with a view to ratification, a treaty of commerce between the United States and the Prince of Serbia, signed on the 14th of October last.

* * * * *

CHESTER A. ARTHUR.

WASHINGTON, _January 24, 1882_.

_To the Senate of the United States:_

I transmit to the Senate, for its consideration with a view to ratification, a convention defining the rights, immunities, and privileges of consular officers, between the United States and the Prince of Serbia, signed on the 14th of October last.

* * * * *

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _January 24, 1882_.

_To the Senate and House of Representatives:_

I transmit herewith a communication from the Secretary of the Interior, with draft of a bill to increase the salary of the Commissioner of the General Land Office and to create the offices of Assistant Commissioner of the General Land Office and inspectors of surveyors-general and district land officers.

The matter is commended to the attention of Congress.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _January 24, 1882_.

_To the Senate and House of Representatives:_

I transmit herewith a communication from the Secretary of the Interior, with draft of a bill for the per capita distribution of the sum of $2,000 to the band of Eastern Shawnee Indians at Quapaw Agency, Ind. T., with accompanying papers noted in said communication.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _January 24, 1882_.

_To the Senate and House of Representatives:_

I transmit herewith a communication from the Secretary of the Interior, with draft of a bill to increase the salary of the Commissioner of Indian Affairs and to create the office of Assistant Commissioner of Indian Affairs.

The matter is commended to the attention of Congress.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _January 24, 1882_.

_To the Senate and House of Representatives:_

I transmit herewith a communication from the Secretary of the Interior, with draft of a bill and accompanying papers, in reference to the proposition of the Creek Nation of Indians for the cession of certain of their lands in the Indian Territory occupied by the Seminole Indians.

The subject is commended to the consideration of Congress.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _January 24, 1882_.

_To the Senate and House of Representatives:_

I transmit herewith a communication from the Secretary of the Interior, with draft of a bill authorizing the sale of certain pine timber cut upon the Menomonee Reservation in Wisconsin, together with the accompanying papers noted in said communication.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _January 26, 1882_.

_To the Senate and House of Representatives_:

I transmit herewith, for the consideration of Congress, a communication from the Secretary of War, dated the 23d instant, and accompanying copies of letters from the Adjutant-General, Inspector-General, and Quartermaster-General of the Army, recommending the amendment of section 3 of the act approved May 15, 1872, entitled "An act to establish the pay of the enlisted men of the Army," so as to require a settlement of the clothing accounts of enlisted men at every bimonthly muster for pay.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _January 26, 1882_.

_To the Senate and House of Representatives_:

I transmit herewith, for the consideration of Congress, a communication from the Secretary of War, with plan and estimate of the cost of constructing five dining-rooms and kitchens at Jefferson Barracks, Mo.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _January 26, 1882_.

_To the Senate and House of Representatives_:

I transmit herewith a communication from the Secretary of the Interior, with draft of a bill for the per capita distribution of the sum of $5,000 to the band of Western Miami Indians at the Quapaw Agency, Ind. T., with accompanying papers noted in said communication.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _January 26, 1882_.

_To the Senate and House of Representatives_:

I transmit herewith, for the consideration of Congress, a communication from the Secretary of War, reporting a list of reservations which are no longer needed for military purposes and setting forth the necessity for such legislation as will provide for their disposal.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _January 26, 1882_.

_To the Senate and House of Representatives_:

I transmit herewith a communication from the Secretary of the Interior, with draft of an amendment to be inserted in the annual Indian appropriation bill now pending, providing for the disposal of certain bonds and funds held by the Treasurer of the United States as custodian in the name of the Ottawa and Chippewa Indians, together with accompanying papers noted in said communication.

The matter is presented for the consideration of Congress.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _January 26, 1882_.

_To the Senate and House of Representatives:_

I transmit herewith, for the consideration of Congress, a communication from the Secretary of War and its accompanying papers, setting forth the necessity for the erection of a new embankment wall on the creek bordering the grounds of the Frankford Arsenal, Pa., and recommending that an appropriation be made for that purpose.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _January 26, 1882_.

_To the Senate and House of Representatives:_

I transmit herewith, for the consideration of Congress, a letter from the Secretary of the Interior, concerning an appropriation for the improvement of the Hot Springs Reservation, in Garland County, Ark.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _January 26, 1882_.

_To the Senate and House of Representatives:_

I transmit herewith, for your consideration, a communication from the Secretary of the Interior, dated the 18th instant, touching the necessity for additional room for the clerical force of the Department of the Interior.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _January 26, 1882_.

_To the Senate and House of Representatives:_

I transmit herewith, for the information of Congress, the annual report of the Government directors of the Union Pacific Railway to the Secretary of the Interior for the year 1881.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _January 26, 1882_.

_To the Senate and House of Representatives:_

I transmit herewith a communication from the Secretary of the Interior, with draft of amendment to be inserted in the Indian appropriation bill, to carry into effect the provisions of the fifth section of the act of March 3, 1873, providing for the consolidation of funds belonging to the Miami Indians of Kansas.

The matter is presented for the consideration of Congress.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _Washington, January 26, 1882_.

_To the House of Representatives:_

I transmit herewith a report of the Secretary of State, with accompanying papers, furnished in response to a resolution of the House of Representatives of the 24th instant, calling for correspondence touching the efforts of this Government to bring about peace between Chile and Peru and Bolivia, and touching claims against or contracts respecting either of the belligerent Governments.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _Washington, January 26, 1882_.

_To the Senate of the United States:_

I transmit herewith a report of the Secretary of State and accompanying papers, furnished in response to the resolution of the Senate of the 13th ultimo, calling for correspondence touching affairs in or between Peru and Chile.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _January 27, 1882_.

_To the Senate of the United States:_

I transmit herewith, in further response to the Senate resolution of the 13th December, 1881, a report of the Secretary of State, embodying the purport of a recent telegram from the special envoy of the United States setting forth the conditions of peace presented by Chile.

CHESTER A. ARTHUR.

[A similar message was sent to the House of Representatives, in answer to a resolution of that body of January 24, 1882.]

EXECUTIVE MANSION, _January 28, 1882_.

_To the Senate of the United States:_

In further answer to the resolution of the Senate of December 12, 1881, I herewith transmit the remainder of the correspondence touching the desired modification of the Clayton-Bulwer treaty. The dispatch of the Secretary of State of November 29, 1881, was not sent to the Senate with the former dispatches, because at that time no advice had been received that its contents had been communicated to the British Government.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _February 1, 1882_.

_To the House of Representatives:_