CHAPTER XXXVI



     PRESIDENT - SECOND YEAR - CIVIL SERVICE REFORM -



       POTTER INVESTIGATION -  RESUMPTION OF SPECIE



        PAYMENTS - VETO OF CHINESE EXCLUSION BILL



   DURING the second year of his Administration, with prac-

tically no encouragement from the controlling forces of

his party, Mr. Hayes continued persistently his efforts in behalf

of civil service reform. Near the end of the year, in spite of

the machinations of the implacable Conkling and his frantic

appeals to "Senatorial courtesy," the Senate reversed its action

of the year before and confirmed Mr. Hayes's New York cus-

tom  house  appointees.     Thereupon  thoroughgoing  business

methods were established in that, the most important business

office of the Government, thus proving the feasibility of the gen-

eral adoption of the merit system.

  During the year preparations went steadily forward on the

part of the Treasury Department for the resumption of specie

payments, fixed by law to go into effect January 1, 1879, though

there was no cessation of clamor from cheap-money advocates

for the repeal of the resumption law.  Months before the de-

cisive date the premium on gold, because of the Treasury's wise

measures, had practically disappeared, and when that day ar-

rived, resumption became a fact without a ripple in the business

world.

  In the summer of 1878 an attempt was  made by the Demo-

crats in Congress, urged on it was believed at the time by certain

Republican implacables, to reopen the disputed election settle-

ment.  A committee, of which Clarkston N. Potter, of New York,

was chairman, was appointed to investigate anew the election in

the disputed Southern States.  Mr. Hayes's equanimity was not

at all disturbed by the Democrats' scarcely concealed revolu-

tionary designs.  In the end, the investigation proved a com-

plete fiasco, when the ingenious secret dispatches of friends of

                         (464)









             PRESIDENT - SECOND YEAR          465



Mr. Tilden, who had gone to South Carolina and Florida to

watch the count, revealing efforts to corrupt the Returning

Boards of those States, were deciphered. Curiously enough, no

allusion to the cipher dispatches appears in Mr. Hayes's Diary

or letters.

  In September, the President visited the Northwest where he

spoke many times, always to enthusiastic throngs, He avoided

merely partisan topics, but he discussed the financial condition

of the country, seeing in it sure indications of the speedy return

of more prosperous times, and preached sound-money doctrine

with all the vigor he had displayed in his great campaign of 1875.

His speeches had a stimulating influence on the Republican con-

gressional canvass, as the vote in November proved.

  The anti-Chinese agitation which had long been active on the

Pacific Coast culminated in the last weeks of the Forty-fifth Con-

gress in the passage of a bill designed to exclude further Chinese

immigration. The proposed law was a manifest violation of

the Burlingame Treaty with China which had been of our seek-

ing.  The President, while sympathizing with the purpose of

the bill did not hesitate for an instant to protect the honor of

the country by a veto.]



  March 5, 1878. -  Last evening Mr. O'Neal, M. C. from Phila-

delphia, called with two young men of the Commercial Exchange

to invite me to visit Philadelphia and their association at high

'change. I accepted for the first week in April. I must now

arrange all of my engagements to visit Philadelphia as follows,

in the order of invitation:-1. Union League -H. A. Browne.

2. Industrial League--General Patterson, etc. 3. Commercial

Exchange--Mr.  Brooke.  4.  Launch at Chester shipyard-,

Mr. -     [Roach].



        EXECUTIVE MANSION, WASHINGTON, March 6, 1878.

  MY DEAR S--:-  Your talk about the veto, and the slips were

very gratifying. You can have no idea how our friends were

stampeded at the critical moment. Sixteen anti-silver Repub-

licans from New York preferred to have the bill signed, or al-

    30









466          RUTHERFORD BIRCHARD HAYES



lowed to become a law by lapse of time. Even Belmont is re-

ported to have talked that way. The [Cincinnati] Gazette and

such men as Shillito of Cincinnati advised me to sign; also

the Indianapolis Journal, and Eastern men in considerable num-

bers. But it all seems well.

  Now, on future money questions--and money questions are

the questions.  One side will be for a sound currency--coin

and paper redeemable in coin, and the other side will be for

inflation - irredeemable paper - absolute money - "cabbage

leaves," and the like. We shall come together; small causes of

difference will be disregarded as soon as the Republicans have

interesting questions on which they are united, dividing them

from the Democrats.

  How about your Chicago pension agency? I would like to

please both the good ladies! But taking it altogether, which?

Either will no doubt have a good office. Write me.

  Love to the fine daughter* and Mrs. Smith.

                          Sincerely,

                                               R. B. HAYES.

  WILLIAM HENRY SMITH.





  March 12, 1878. - The end of the first year of my Adminis-

tration furnishes a topic for the press.  There is enough of

favorable comment from independent papers like the New York

Post, the [Cincinnati] Gazette, the [Cincinnati]  Commercial,

the Boston Advertiser, the Philadelphia papers, and notably the

religious newspapers; but the body of the party papers of both

parties are the other way. The main point is that the President

has so few supporters in Congress and among the newspapers.

  It is to be remarked that a non-partisan President or Ad-

ministration will of course be feebly supported, if at all, in Con-

gress or by the press. The party men do not like it among the

Republicans, and Democrats find no interest in heartily support-

ing an Administration they did not elect. On the whole, the Re-

publican party has been strengthened rather than weakened by the



  * Miss Almira (Allie) Smith, who had recently spent some weeks at

the White House, a young lady of unusual charm.









             PRESIDENT - SECOND YEAR          467



Administration. We are in a period when old questions are

settled and the new are not yet brought forward. Extreme party

 action, if continued in such a time, would ruin the party. Mod-

eration is its only chance. The party out of power gains by all

partisan conduct of those in power. On the whole, the year's

work has produced results:--

   1. Peace, safety, order in the South, to an extent not known

for half a century.

   2. The [railway strike] riots; not a man shot, but order

promptly and firmly upheld.

   3. A vigorous and successful Mexican policy.

   4. Civil service reforms:- (a) No nepotism in executive

appointments. (b) No machine work by Federal office-holders,

in caucuses or elections. (c) Congressional dictation resisted--

for the most part successfully.  (d) Removals except for cause

not made. Fewer removals than under any Administration in

its first year since J. Q. Adams. (e) Officers secure in their

terms, if conduct, official and private, is good.

   5. The financial management has steadily adhered to the

policy of a sound currency, untainted credit, and a faithful ful-

fillment of pecuniary obligations.

  6. The pervading sense of responsibility for faithful and

honest official conduct has given purity and efficiency to the

service. Fewer scandals than before in many years.

  7. Cabinet [and] a list of foreign appointments and officials

retained that will compare well with any previous period in our

history. Look at our European representatives: Welsh, Eng-

land; Noyes, France; Taylor, Germany; Lowell, Spain; March,

Italy; Kasson, Austria; Stoughton, Russia; Maynard, Turkey;

Read, Greece.

  8. The most important appointments are the judicial. They

are for life and the judiciary of the country concerns all inter-

ests, public and private. My appointments will bear examina-

tion:-Harlan, Justice of the Supreme Court; Baxter and

Blatchford, Circuit Court; Bancroft Davis, Court of Claims.

District judges in Vermont, Wisconsin, [and] New York.

  9. Bureau officers appointed: McCormick, Defrees, Tyner,









468          RUTHERFORD BIRCHARD HAYES



General LeDuc, Hawley, McPherson, Porter, Reynolds, Scho-

field.

  March 13, 1878. - The election of Governor Prescott and the

administration ticket in New Hampshire, notwithstanding the

defection of [William E.] Chandler and his followers, is very

gratifying. It encourages me to be more and more faithful in

adhering to reform of the civil service. Let me disregard more

and more "influence" of every sort and be guided by a sense of

duty alone. It is hard to have friends made sour because their

wishes are not heeded. Newspaper and other abuse is not com-

forting, to say the least. But the second thought of the best

people is, I believe, with me. - Good for New Hampshire!

  Friday, March 15. --The past winter has been mild beyond

precedent. Picnics in Berkshire County, Massachusetts, January

1; sailing parties steaming on Lake Pepin; Lake Erie open to

navigation all winter; plowing in Ohio every winter month.-

Nothing like it "in the memory of the oldest inhabitant." In

1812-13 such a winter, one says; another in 1816-17. But in

the absence of statistics, this winter has no twin.

  This morning, a lovely spring sunrise.  Lucy goes for a

fortnight's visit to Ohio--Chillicothe, Columbus, [and] Dela-

ware. Birch and Webb go with her, also Emily Platt, our niece.

The two cousins, Lucy McFarland and Lucy Scott of New

Orleans, go to Lexington, Kentucky; same car from here to

Chillicothe.

  Fanny returned from her visit to New York last evening.  The

great city not so grand to her as Washington.  "Broadway not

near so broad as Pennsylvania Avenue."

  The picture painted full length by Carl Brown is now in the

state dining-room, and is a great favorite with Lucy, and gen-

erally regarded as the best ever taken of me.

  I read few books; no time.  J. Q. Adams' diary of Monroe's

time shows Monroe had almost the same troubles that I have

had.

  [March] 16. - Lucy left for her native town yesterday morn-

ing. Mr. J. O. Moss, of Sandusky, furnished his private car









             PRESIDENT - SECOND YEAR          469



on the Baltimore and Ohio Railroad. It was no doubt a merry

ride.

  I found the White House lonely without them. Mr. Evarts

lunched with me. Fanny presided at the teapot. Scott filled up

the table!  At dinner I had a pleasant company--Foster and

wife from my district, and McKinley and wife, of Canton, Ohio.

In the evening, enough to do. My afternoon ride was with Mr.

Bryan, one of the District Commissioners appointed by me.

  Am  told several of the Indiana delegation are offended, or

made it a topic of remark, that Mr. [Albert G.] Porter was ap-

pointed [United States Treasurer] without consulting them.

They admit the appointment is capital in all respects; but, etc.,

etc.

  Mr. Vice-President [Wheeler] does not like Mr. Evarts. He

thinks Evarts is not frank to those who speak about appoint-

ments. He does not say no, but by an equivocal, noncommittal

way of talking allows them to hope. "When there is no hope,

tell the man so. He will be disappointed at the time, but it [is]

the best way." Mr. Wheeler is right. Prompt and square talk

is in the long run safest and is just to the parties concerned. I

must also bear this in mind.

  As soon as the Returning Board prosecutions in Louisiana

are ended, and ended rightly, as I am confident they will be,

I will hold conferences with judicious Members of Congress as

to the best way of effecting reforms according to the Cincinnati

platform.  Write to D. B. Eaton to send in his report [on civil

service reform] and try to push forward the good work.

  March 18, 1878. - Mr. Conkling in the Senate remarked that

the President had one-sixth of the legislative power of the

United States Government. I suppose he means that the Senate,

House, and President having the whole power, and the Presi-

dent and one-third of either house being half, the result is -

  I rise at about 7 A. M.; write until breakfast, about 8:30

A. M.  After breakfast, prayers - i. e., the reading of a chapter

in the Bible, each one present reading a verse in turn, and all

kneeling repeat the Lord's Prayer; then, usually, write and

arrange business until 10 A. M. From 10 to 12 in the Cabinet









470          RUTHERFORD BIRCHARD HAYES



Room, the Members of Congress having the preference of all

visitors except Cabinet ministers. Callers "to pay respects" are

usually permitted to come in to shake hands whenever the num-

ber reaches about a half dozen waiting. Twelve to 2 P. M.,

on Tuesdays and Fridays, are Cabinet hours. On other days that

time is given to miscellaneous business callers.

  At 2 P. M. lunch. I commonly invite to that - cup of tea and

biscuit and butter with cold meat - any gentleman I wish to have

more conference with than is practicable in hours given to mis-

cellaneous business. After lunch the correspondence of the day,

well briefed, and each letter in an envelope, is examined. By

this time it is 3:30 P. M., and I then drive an hour and a half.

Returning I glance over the business and correspondence again,

take a fifteen or twenty minutes' nap, and get ready to dine at

6 P. M.

  After dinner, callers on important business, or on appointment

previously made, occupy me until 10:30 to 11:30 P. M., when I

go to bed, and am tired enough to sleep pretty well unless too

much worried to throw off the vexations of the day- a thing

which fortunately I generally can do by a little effort.

  There is not enough exercise in this way of life. I try to

make up by active gymnastics before I dress when I get up, by

walking rapidly in the lower hall and the greenhouse after each

meal for perhaps five to ten minutes, and a good hand rubbing

before going to bed. I eat moderately; drink one cup of coffee

at breakfast and one cup of tea at lunch and no other stimulant.

My health is now, and usually, excellent. I have gone to church

at least once every Sunday since I became President. Sunday

after lunch I ride regularly with Secretary Sherman two to

three hours. We talk over affairs and visit the finest drives

and scenes near Washington.

  March 21, 1878. - The Returning Board prosecutions are

ended by the decision of the Supreme Court of Louisiana. No

doubt the court found legal grounds for its decision. But the

favorable fact is that the court followed the best public opinion

of Louisiana in opposition to the wishes of the Bourbons. The

ruffian class, the implacables, and the press were for the severest

punishment - determined to persecute the members of the board









             PRESIDENT - SECOND YEAR          471



to the bitter end. For the first time the better classes have over-

ruled the violent. Pacification begins to tell.



      EXECUTIVE MANSION, WASHINGTON, March 21, 1878.

  MY DARLING:- We are all well. The table is short and dull

without you. . . . The end of the Returning Board perse-

cution is very welcome to friends of the Southern policy, and

by no means satisfactory to the implacables. For the first time

in the South the public opinion of the better elements has over-

come the wishes of the ruffian class.

                        Affectionately,

  MRS. HAYES.                                              R.



   [March] 22.- I am invited to witness the launch of an iron

steamship at the Chester shipyard of Mr. Roach on the Delaware.

It will take place two weeks from tomorrow. The hundreds of

workmen employed at the yard will be present, and I will [shall]

be expected to say a few words to them. Why not say something

about the need of harmony in their work between enterprise,

skill, inventive genius, knowledge, labor, and capital? The ship

is the product of the union of all these. National properity in

like manner needs friendship and not strife, peace and not war,

concord and not discord, peace and union. The flag which in

distant seas is to float over it [the new ship] will give joy to

the heart of every American who sees it, if it is the emblem of

both Union and Liberty.

  [March] 25.-Today Senator Howe gives his "excuse" for

not being favorable to the Administration. He was an eager

candidate for judge of the Supreme Court in the place of David

Davis, of Illinois. The appointment of General Harlan of

Kentucky soured him.



Private.

       EXECUTIVE MANSION, WASHINGTON, March 26, 1878.

  MY DEAR SIR: - I too have a grievance. It is almost four

months since I was furnished with the record of proceedings in









472          RUTHERFORD BIRCHARD HAYES



executive session. I want the record, but don't want to make a

fuss about it. My secretary has asked for it, and been promised,

but no result. Can you make the waters move? "I still live."

                          Sincerely,

                                              R. B. HAYES.

  HONORABLE WILLIAM A. WHEELER,

      VICE-PRESIDENT.



      EXECUTIVE MANSION, WASHINGTON, March 27, 1878.

  MY  DARLING: -YOU, I know, are too much occupied with

visits and friends to write letters.  You must put that work on

Birch, or some other young person - Emily [Platt], for instance.

We  miss you ever so much.  People from abroad are disap-

pointed not to find you here. The Boston Post says, "Mr. Hayes

will, during the absence of Mrs. Hayes, be acting President"!

         General Schurz will be as well as ever soon.

                  Affectionately. "S'much."

                                                         R.

  MRS. HAYES,

      Columbus.



Private.

      EXECUTIVE MANSION, WASHINGTON, March 27, 1878.

  MY DEAR S-:--I have your letter and have talked with

Sherman about it. We do not differ essentially from your

views. At least I do not, and on the leading points I think

Sherman concurs. Under the circumstances, I have to hold your

resignation without acceptance, not doubting that you will with-

draw it when full explanations are made. I trust you will keep

it to yourself. If after letters are received you still feel like

resigning, it is my earnest wish that you do not do so until

we can meet and talk it over.

                          Sincerely,

                                              R. B. HAYES.

  HONORABLE WILLIAM H. SMITH,

      COLLECTOR, Chicago.









             PRESIDENT - SECOND YEAR          473



  March 30, 1878. - Mr. Dorman B. Eaton will probably send

in his report during the coming month. The points of civil

service reform which I must call attention to are:-

  1.  To  separate  office-holding  from  political management.

This has in a large degree been accomplished by the order issued

in June last. Very generally the office-holders observe the order.

Doubtless with some its observance is ostensible or nominal

rather than real. But none have resigned. Public officers gen-

erally profess to observe it. The few exceptions to this state-

ment are too insignificant to demand attention. What legislation

to define fully and accurately the duties of office-holders in con-

nection with elections may be expedient and necessary, it is for

Congress to decide. I am not so committed in favor of the

measure already referred to, that I shall not be willing to co-

operate heartily with any legislation Congress may enact ap-

propriate to the end in view.

  2. To restore the legitimate and constitutional exercise of the

appointing power to the Executive Department of the Govern-

ment, subject to confirmation by the Senate in the case of im-

portant offices. On this point I will quote Senator Edmunds.

The practice of congressional appointment is for the time being

largely abandoned. It is generally conceded that Senators and

Representatives ought not to seek to dictate appointments and

only a small minority in practice now undertake even to in-

fluence appointments.    But there is irritation and misunder-

standing on the subject. It is exceedingly desirable that Mem-

bers of Congress should be relieved from the pressure, [the]

demands, of their constituents for places in the public service.

This cannot be done by executive action alone.  Legislation

explicitly defining the duty of Members of Congress on this sub-

ject has been attempted heretofore.  It is not doubted that the

end desired can be attained by appropriate enactments.

  3. To provide by legislation appropriate means to secure in-

formation as to the fitness of applicants for appointment and

to determine as to the justice and propriety of removals, is

brought to your attention.  In the absence of legislation the

Executive will seek information wherever it can most readily

be found.









474          RUTHERFORD BIRCHARD HAYES



  4. Let the Cabinet officers have seats in the House of Repre-

sentatives and in the Senate with the right to speak on questions

pertaining to their respective departments.      A  distinguished

member of the House of Representatives made a report on this

subject some years ago--in 1865--which presented the sub-

ject very ably to the country.





  [With reference to violations of the Executive Order of

June, 1878, spoken of above, a conversation in June, 1883, with

Mr.  Hayes, contemporaneously  recorded by William Henry

Smith, is of interest:-

  "Conversation on New Yorkers and civil service brought up a

discussion of the Executive Order designed to prevent the ac-

tive interference of officials with conventions. This [interfer-

ence] was regarded as a great evil- giving rise to dissatisfac-

tion among the laymen, and prolific in corruption. The public

feeling was deep, and the President was determined to make an

example that should prove that his order was not a hollow

demonstration for popular effect only. There were small fellows

who defied the order, whose removal would have signified

nothing. He concluded, on account of the difficulties in the

way, not to make removals (which would have made martyrs

for the Stalwarts), but to refuse to renew commissions, and

gave out that that would be his policy.

  "Stewart L. Woodford, United States district attorney, was

conspicuous in his open defiance of the order in New York, and

seemed to court martyrdom. It had been the President's pur-

pose to reappoint him, although he was not a good lawyer and

not well qualified for the place. But as he had good assistants

this was not a serious difficulty. The President determined not

to gratify him by making him a martyr to the Stalwart cause,

through removal.  On account of his open defiance of the order

he could do no less than to refuse to reappoint. When his com-

mission was about to expire, Woodford went to Washington

and called upon the President. He was very agreeable in a

social way, and had the good taste to make no allusion to his









             PRESIDENT - SECOND YEAR          475



office. The President, who liked Woodford personally, was

gratified at the visit and showed it in his manner. He also

made no allusion to politics. As Woodford passed out he re-

marked to a friend that he was all right with the Administration

as to his reappointment. He was therefore very greatly dis-

appointed when another received the commission, and he has

since repeatedly asked friends if they could tell him why the

President had declined to reappoint him.  Great regret was

expressed in Ohio, where Woodford had made a successful cam-

paign, at his retirement, even by many who were strenuous for

some improvement in the civil service. Woodford is a clever

fellow, but rather shallow.

  "A postmaster - at Camden, opposite Philadelphia - was very

loud in his opposition to the order, and quite profane when de-

nouncing the Executive publicly. This came to the ears of the

President, and he thought he would remove him. He learned,

however, that the man had been a good soldier, was poor, and

greatly needed the place.  He therefore sent for him, told him

what he had heard and pointed out to him the impropriety and

indecency of his course. The man confessed that it was true,

said that he was intoxicated, was indiscreet, and greatly re-

gretted it, etc. The President gave him some good advice, told

him to go back to his office and that he would be allowed to hold

it to the end of his term, for all which the poor fellow was

grateful."]





      EXECUTIVE MANSION, WASHINGTON, March 30, 1878.

  MY DARLING: -I have your letter from Chillicothe .

On the whole, I have had an unusually good time since you left.

The absence of the darling is the drawback, and must not occur

again. Don't repeat it ever! We should travel together always.

  You have been missed in all sorts of ways. Next Saturday

you are specially wanted at the launch of a steamship at the

yard of Mr. Roach near Philadelphia. General Sherman is in

to see and hear about you with friends very often.

  I shall have the Vice-President, Wayne MacVeagh, General









476          RUTHERFORD BIRCHARD HAYES



Harlan, Dr. Loring, [and] General Schurz down to dine Sun-

day.

                        Affectionately,

  MRS. HAYES,                                               R.

      Chillicothe.





  April 1, 1878.--Last evening  I had a very pleasant little

dinner party "quite informal." [The] Vice-President and Miss

Schurz (the only lady - occupied Lucy's seat), Justice Harlan,

General Schurz, Dr. Loring, M. C. from Massachusetts, Gen-

eral Burnside, Senator from Rhode Island, and Mr. James A.

Briggs, of Brooklyn, formerly of Ohio.  The home folks were

Rud's classmate, young Underhill, Ruddy, and Fanny. A very

friendly social gathering. Judge Key and Colonel Kellar came

in after dinner and the talk lasted until 10 P. M.  Wayne Mc-

Veagh and wife were invited but "prior engagements."



                THE CIVIL SERVICE CONTINUED.

  5. Congress should provide for a revival of the Civil Serv-

ice Commission. My predecessor, President Grant, used the

following language as to the beneficial results of the labors of

the board appointed by him:     [Quotation not recorded.]

  6. In the absence of legislation by Congress to promote the

desired reforms, it will not be practicable to give a fair trial to

the principles avowed by the general conventions of the great

political parties of the country prior to the last national election.

But it will be my  duty to give them practical effect so far as

my constitutional powers will permit and to the extent of my

ability.  Such efforts as may be made with a sincere desire to

accomplish this, will, it is confidently believed, be sustained by

the general sentiment of the people.

  Collamer, the sound old Senator from Vermont, once said of

Edmunds:-"He can see the knothole in the barn door, but he

can't see the door."

  April 6, 1878.- I go today to witness the launch at the

Chester yard of John Roach & Son of the steamer The City of









             PRESIDENT - SECOND YEAR          477



Para. I will make no speech. But I may give the sentiment:

- "The City of Para, may her voyages be prosperous and may

she long continue to add to the good name and the fortunes of

her builders, her owners, and her sailors!"

   [April] 7. - The launch was in every way successful. I gave

the sentiment above, with only a word of thanks, and of con-

gratulation to J. Roach & Sons.

   Lucy returned yesterday  morning with Emily  Platt [and

others], after three weeks' absence, in charge of Birchard.

   Saturday, 6 A. M., April 13, 1878.- The Republican Con-

gressmen held a caucus early this week for organization. The

feature of the affair was the failure of Senator Sargent to pro-

cure the passage of a resolution condemning the civil service

order of the President which forbids federal office-holders from

managing the party politics of the country.  His resolutions re-

quest the President to rescind this order.

  Senator Sargent wishes the doctrine announced that the ninety

thousand officials in the executive branch of the civil service

shall participate "in meetings, caucuses, conventions, and com-

mittees of a political character."  This resolution of Senator

Sargent and the speech of Senator Howe present very fairly

the issue between the Senate and the Republican party.  Sargent

and Howe think that Senators should appoint the office-holders

and that the office-holders should manage the politics of the

country.  This would be in my judgment a very unfortunate

issue for the party to adopt.

  The doctrine of the party in 1876, before the election, was that

office-holders should be appointed by the President and confirmed

by the Senate, and that their whole services belonged to the

Government. The Senators' doctrine reverses this. They say,

we will appoint the officers and our officers shall rule the party

and our party shall rule the country. With this senatorial claim,

the members of the House of Representatives share very little

personal interest. If the patronage of the Government is to be

controlled by Congress, that branch of Congress will absorb

it which has the power of confirmation.  The Senate will leave

to the House only what it does not want.









478          RUTHERFORD BIRCHARD HAYES



  This question of senatorial patronage is the salient point in

the improvement of the civil service. It is the interest of the

country that its business shall be well done and that the area

of patronage shall be limited. But if the office-holders are to

look after party politics, to make nominations, and to win party

victories, they will be appointed, not for fitness to discharge the

legitimate duties of their offices, but for skill in wirepulling.

No Senator would diminish their number. If ninety thousand

are useful, a hundred thousand will be still more useful.

  The Howe and Sargent system is that Senators shall make

the office-holders and that the office-holders shall make the Sen-

ators. How many victories can the Republican party gain on

such a platform?  The watchword of the people against the

office-holders would soon be raised, and the party on the wrong

side of the question would go under.

  I would say the same about the order as to office-holders.

It did, at the first elections after its issue, disorganize the party.

The accustomed managers were many of them in office. For

the most part the office-holders obeyed the order. This created

disturbance. But the committees have been reorganized. Vol-

unteers have been found to take the places of the regular ma-

chine men. The new blood is vigorous. The late elections show

it. New Hampshire and Rhode Island Republicans fought suc-

cessful battles with new men. The people have always had a

certain feeling against the dictation of office-holders.    "They

ought to mind their own business," has often been heard, and

still oftener has been thought. Jefferson and the earlier states-

men opposed it.  Clay and Webster and other Whig leaders

were against it. Howe and Sargent do not represent the best

sentiment of the party on this subject.

  I have from Milwaukee a protest against Senator Howe's

speech. It is signed by the best Republicans in the principal city

of his State. I do not hear of any popular endorsement in his

own State of his doctrines. It is said that nine-tenths of the

Republicans of Milwaukee are opposed to them.

  I do not defend mistakes in methods. I do not insist on my

own particular plans. If better plans are proposed I shall be

ready to support them. But the important ends must not be









             PRESIDENT - SECOND YEAR          479



abandoned. Office-holders must attend to the public business

and not become organized political machines. The appointing

power may be regulated by law to the end that honesty, efficiency,

and economy may be promoted, but it must not be transferred

to the Senate. It must be left where the Constitution placed

it. Office-holders who participate actively in politics do not

strengthen a party of principle.  People resent their interfer-

ence. It is felt that office-holders are the servants of the public

and ought not to assume to be masters.

  It is said that this doctrine degrades the officer.  Are our

present officers degraded?  Do you not honor the officer who

faithfully attends to his duty?  Do the officers feel humiliated?

I do not hear of resignations on this account.

  Mr. Sherman has contracted for fifty million dollars gold,

and gold yesterday fell to 100 1/2 ! It now looks as if we should

be at specie payments long before the first of January, 1879

[the date fixed by law for the resumption of specie payments].

We have passed through the suffering; let us have the desired

end.

  April 14, 1878. - Sherman returned from New York last

night. His loan has been very successful. Fifty million dollars

gold before 1879 at 101 1/2  for his 4 1/2 per cent bonds.  The

premium on gold almost gone, or 1/4 of one per cent. If we

can practically resume before the elections in the fall it will be

a feather in our cap. Now we are hopeful. With reconciliation

proceeding well and resumption secured, as now appears, we

are stronger than ever before.

  Our position on the Silver Bill enabled the Republicans in

the Senate to improve the Bland Bill, (1) by striking out free

coinage; (2) by the device of silver certificates; and (3) by a

commission to treat with other nations.

  Sunday, April 21. - Winthrop says something like this: Each

one of us is engaged in the formation of public opinion. Each

of us is in some degree responsible for its course and character.

"Opportunity, powers, and employment of them."

  Sunday, April 28, 1878. - We returned this morning at 6 A.

M. from our four days' visit in Philadelphia.  It was happy in









480          RUTHERFORD BIRCHARD HAYES



all of its circumstances. The gentlemen conspicuous in our re-

ception were Wayne MacVeagh, H. A. Browne, General Robert

Patterson, James L. Cleghorn, Steele, Colonel Snowden (post-

master), Joseph Wharton, Amos R. Little, Brooke, Thomas A.

Harrison, Bloomfield H. Moore, J. J. Bayley. General A. Smith,

president of Select Councils, introduced me at Independence Hall.

Near me E. Dunbar Lockwood.

  Many things to be remembered. Perhaps most notable was

the reception given to Lucy at the Academy of Fine Arts, Fri-

day evening.  About four thousand persons were invited.  The

attendance was almost universal. The fashionable people, the

best people, including church and solid business people; Bishop

Simpson and wife, the Friends, and the leaders in charitable

enterprises.  The rooms were admirably arranged to accomodate

and display the throngs. Paintings, engravings, statuary, and a

wilderness of plants and flowers, with music and lights,--alto-

gether a scene I never expect to see equalled. Lucy went between

8 and 9 o'clock and I entered between 9 and 10 or near 10.

  I this morning asked Lucy how she felt as the central figure

of such a fairy scene. "Oh," said she, "humble, I always feel

humble on such occasions. I enjoy them very much but am

humbled by them." This reminds me of my feeling at the great

moment of my life, when I heard I was nominated at Cincin-

nati.  I felt a sense of responsibility--a sobered feeling.  It

was my feeling that with soundness of judgment, with a cheerful

and elastic temper, with firmness, with an honest purpose to do

right, and with some experience in affairs, I could do well in

the place.  But this is going back.  The scene brought to my

mind many of the leading events of my life.

  In reference to an election by Republicans alone to nominate

a postmaster at Binghamton, I wrote to Democrats who com-

plained of their exclusion:--"No regulation has been adopted

which prevents any citizen, or any body of citizens, from nomi-

nating candidates for postmaster.  All nominations by citizens

will be considered."

  A case in the quartermaster's department at Philadelphia

shows that I have, perhaps, unintentionally done a wrong. In

the army, as to appointments and employments, it is said by the









             PRESIDENT - SECOND YEAR          481



quartermaster-general:  "The President's  requests which we

must consider as orders."  This did not occur to me when I said,

"I would be gratified if  ---   could have employment."      But

hereafter I will uniformly do what I have heretofore intended

to do, viz., give endorsements in conformity with this mem.:-

"The President does not direct subordinate appointments. In

cases of exceptional merit he recommends candidates for ap-

pointment, if it can be done without injustice to others, and con-

sistently with the good of the service. He would not turn out

a worthy officer to replace him with another."

  May 14, 1878.---Various "confessions" and statements lately

made by McLin and Dennis of Florida, and others of Louisiana,

as to frauds in the elections have caused the Tilden Democrats,

aided by implacable Republicans of the Chandler sort, to threaten

investigations.  Yesterday Mr. Potter offered the resolution to

go into it in the House.  It is a partisan proceeding for merely

partisan ends. If the Republicans manage well their side of the

controversy, I suspect it will damage its authors.  It should

be opposed: -

  1. As partial and narrow. If investigation is to be had, it

should embrace all the questions which have been raised touch-

ing the fairness and legality of the elections.

  2. It is revolutionary; it looks to overthrowing the solemn

adjudication of the Commission as confirmed by Congress. Here-

in [in this relation] should be given a full history of the origin,

purpose, and understanding as to the Commission; the action of

Congress, etc., etc.

  3. It will disturb the business of the country.

  4. It interrupts the course of pacification between the sections

and races, and revives sectional strife and deepens the color line.

  5.  It is done by Tammany -by the New York rings.  It is

to continue the rule of New  York in the Democratic party.

Trace this power in the nominations of 1864, 1868, 1872, and

1876 in the Democratic party.

  6. It is not in the interest of the South. They want peace,

education, improvements, and immigration.

  7. It is not in the interest of the country.

    31









482          RUTHERFORD BIRCHARD HAYES



  May 15, 1878.- Education is our greatest present national

concern. General education is the best preventive of the evils

now most dreaded. In the civilized countries of the world, the

question is how to distribute most generally and equally the

property of the world. As a rule, where education is most gen-

eral the distribution of property is most general. When we see

what wealth is doing and what wealth can do, we begin to doubt

the aphorism, "Knowledge is power." As knowledge spreads,

wealth spreads. To diffuse knowledge is to diffuse wealth.

To give all an equal chance to acquire knowledge is the best and

surest way to give all an equal chance to acquire property.

  May 19. - The House of Representatives has ordered an in-

vestigation of the elections in Florida and Louisiana. The reso-

lutions adopted accuse General Noyes and Secretary Sherman

of crookedness. It will do no more than raise a dust, throw

dirt and the like, unless it is intended, as I seriously suspect, to

lay a foundation for a revolution. There is a purpose with the

real authors to reverse the result of the last election. If they

are sustained in the elections there is danger. It is another

rebellion!

  Look up all letters from Noyes, Matthews, [and] Chandler, to

see the exact condition of my correspondence. I neither knew

nor suspected fraud on our side. The danger was fraud by our

adversaries.

  I go soon to Hampton to see the colored school, industrial

school, under General Armstrong. I must speak a few words

on the education, the training, needed by the freedmen and

women. They need something more than the learning of the

schoolhouse. Illiteracy must be overcome. But industry, self-

reliance, self-control, economy, thrift- the virtues Dr. Franklin

taught so well - are of still greater importance. The test, one

test of the progress of the colored people is, do they own prop-

erty?  Do they own houses?  Do they save and accumulate?



         EXECUTIVE MANSION, WASHINGTON, May 20, 1878.

  MY DARLING: - The great rooms and halls are lonely with-

out you. Your voice is needful to my comfort.









             PRESIDENT - SECOND YEAR          483



  I told the members of the Cabinet of the intended wedding

[of General Russell Hastings and Miss Emily Platt] this after-

noon. Webb will probably go with me to Hampton tomorrow

evening.  General Devens, McCrary, and Schurz also go with us.

  Politically we are getting into a more lovely frame of mind.

[Governor Wade]  Hampton and other Southern men talk out,

and the dissentient Republicans are in better temper.

  Webb talks pleasantly of our home in the woods [Spiegel

Grove]. An Enguirer man from Cincinnati says it is the finest

home place he ever saw.

  Mr. Wheeler's beautiful talk about you must have tested your

nerves pretty severely. But no doubt you bore it in queenly

modesty.

                       Affectionately,

                                              RUTHERFORD.

  MRS. HAYES,

      Malone, New York.



  May 31, 1878.- Yesterday  at Honorable Edward McPher-

son's in Gettysburg. A pleasant and satisfactory time. On the

way up, General Butler told a number of good war stories. The

story of his running the battery on the Mississippi below New

Orleans; how a soldier or sailor was blown to pieces by a shell

exploding in him, which blinded and overthrew General Butler

with his gore and  flesh!  Also  the story of his voucher

for a hand-organ and monkey purchased to get information

which enabled him to seize Baltimore! Colonel Robbins of

North Carolina and General Keifer-both in the whole war on

opposite sides--made the return trip agreeable with interesting

recollections.

  The event now on the scene is the investigation as to the elec-

tion, looking to ousting the Republicans from power by revolu-

tionary proceedings. My views are well shown by Judge Key's

letter, Alexander Stephens' letter, and an interview somewhat

inaccurately reported by George Alfred Townsend. I never

authorize interviews. This one I did not suspect at the time.

[In the midst of my] talking with Judge Wills on the subject,

while having a reception [at Gettysburg], Mr. Townsend stepped









484          RUTHERFORD BIRCHARD HAYES



up, and [on my]  continuing the conversation got up the so-

called interview out of the items obtained.

  [William Henry Smith, in further report of his conversation

with Mr. Hayes in June, 1883, says:-

  "Most of the Democratic party did not want a row when the

Potter commission was gotten up. Potter himself was reluctant

to serve on the committee. That was forced by Conkling and

Butler on the Democrats. A meeting was held at the latter's

house, to which Democrats had been invited. Conkling promised

such developments as would compel Hayes to flee from the

White House within ninety days.  The sequel proved the de-

velopments to be such testimony as lying Jim Anderson - red-

headed Jim- could invent. The Democracy waited in expect-

ancy for a long time, but this was all that the malignants, Butler

and Conkling, could produce to redeem their pledge.

  "The Potter commission withered up completely after the

publication of the 'Gath' [George Alfred Townsend] stolen

interview at Gettysburg. The night before Decoration Day a

reception was given at the residence of [Edward] McPherson.

Among the callers was Judge Herron (brother of the President's

friend, John Herron of Cincinnati), whom the President knew

well and was glad to see. He asked him to remain, and, while

shaking hands, continued to converse with him in a familiar

way. Among other things mentioned by Judge Herron was a

rumor that the President was to be put out of the Executive

Office on report of the Potter committee.  'Who is to take my

place?' asked the President. 'Mr. Tilden,' replied Mr. Herron.

'Mr. Tilden,' said the President with characteristic decision,

'will be arrested and shot. He cannot attempt to take posses-

sion of the White House without a fight. That means civil war,

and in that event we shall whip them badly.'

  "This conversation was overheard by 'Gath,' and written up by

him for the Philadelphia Times.  Its appearance created great

excitement and the next day correspondents flocked to the White

House to ascertain if it was true. Rogers on his own authority

denied that there was any such interview. He went into the

 library and casually asked the President if he had an inter-

view while at Gettysburg with a correspondent of the Phila-









             PRESIDENT - SECOND YEAR          485



delphia Times, to which he received a reply in the negative.

'I thought so,' said he, 'and have denied it.' This led to inquiry

and examination of the 'Gath' publication. The President saw

that it was his conversation with Judge Herron which the cor-

respondent must have overheard, and instructed Rogers to go

directly to all of the correspondents he had seen and say that 

he was not authorized to deny it--that he could neither con-

firm nor deny it. The experienced correspondents knew very

well how to interpret such a message.

  "This evidence of courage in the President put an end to the

Potter business."]



  June 2, 1878.--The election investigation began yesterday

with calling as a witness the scamp Anderson. He testified that

a letter was given to himself and Webber, election officers in

the Felicianas, by Sherman to induce them to aid in fraud in

regard to the election. He produced a copy, as he said, of the

letter. It is not a letter which sustains the charge even if

genuine. He also testified that he called on me soon after I

was inaugurated and got from me an endorsement to Secretary

Evarts to give him a consulship in a warm climate.

  The facts are, so far as I am concerned: He came to me

one of the throng of office-seekers early in my term.  He had a

strong recommendation from a trustworthy citizen of Steuben-

ville, Ohio, name not now recollected, and testimonials from

Senators Matthews and Kellogg and Representatives Leonard,

Darral, [and] Nash.  Nothing was said which led me to sus-

pect that he had been guilty of any crookedness, or that any

promises had been made to him in my name or otherwise.  The

facts stated were that he had been an active Republican at the

risk of his life in Louisiana and that, on account of his activity

as a Republican, he had been driven from his home and business

and could not safely return. He appeared intelligent and cap-

able. He represented that his wife's health required him to go to

a mild climate.  Our interview lasted only a few minutes.  I

thereupon gave him a recommendation referred to. Afterwards,

and after a small consulship had been found for him, I learned

from an anonymous letter signed "Bulldozer," and from a note









486          RUTHERFORD BIRCHARD HAYES



from J. A. Straight, facts that made me suspect him. I also

learned from Senator Matthews facts that induced the belief

that he was trying to levy blackmail. I then directed that noth-

ing should be done for him until his character was investigated.

The result was that no office was given to him. My note as to

his character is on file in the State Deparment with other papers.

The files show clearly the action by me and the reasons for it.

  As to the alleged frauds and perjury of Anderson with refer-

ence to the election in Feliciana, I never heard of it until long

after his papers were sent to the Secretary of State.

  When Anderson was recommended by me for a place in a

warm climate there was nothing before me against him, and

much in his favor, but after I heard the facts against him, I

was satisfied we had no place as warm as he deserved, and so

he got nothing! Hence this trouble with us now!

  Anderson says he told me that the Feliciana business was

"a cheat." If so it was on one of the occasions when he was

under the influence of liquor and excited. I gave him no serious

attention and got rid of him as soon as possible. I certainly

never promised him office and never intended to give him office

after I had been informed of his true character and conduct.

He could have been appointed if it had been deemed proper,

and he was not appointed on account of the information re-

ceived about him.

  June 3, 1878. - Last evening with Emily Platt and Miss Kent

we had a dinner on the fifteen-pound salmon trout caught by

Lucy in Lake Saranac, New York. Our guests were Sherman,

Key, Thompson, and Schurz, of the Cabinet, and Garfield,

Keifer, and McKinley, of the House. We talked over many mat-

ters. Professor Henry's unselfish devotion to science. General

Garfield said Professor Henry did show some feeling when

Morse seemed to monopolize the honor of the discovery of the

telegraph. That he was willing to leave him the profit but his

own right to the fame was of value to him. General Garfield

also spoke of Agassiz. "He quit an investigation the moment it

became of practical use. Then, said he, there are enough to

carry it forward."









             PRESIDENT - SECOND YEAR          487



  Sherman urged the Members of Congress to put an item into

the appropriation bill giving Professor Henry's family five hun-

dred dollars a year for twenty-three years' unrequited and

valuable service in [on] the Lighthouse Board. I trust it will

be done.

  The testimony of Anderson was talked over. The general

opinion was that his story was too thin to do serious harm.

Anderson testified that June 13, 1877, he called at the White

House to see me with General Smith (T. C. H.); that Smith

saw me, but he did not; that Smith came out, saying that "the

President for political considerations wanted something satis-

factory done for him, Anderson."

  My recollection is that I told Smith I believed Anderson was

a great scoundrel and that I wouldn't see him, and wanted noth-

ing further to do with him. I certainly did not say I wanted

him to have office.

  June 5, 1878. - Lucy left home for a visit with [the] Vice-

President (Mr. Wheeler) at Malone in New York and a fishing

tour in the Adirondacks, three weeks ago next Friday. She now

expects to return home next Saturday. I have been occasionally

lonely enough without her. But I have hoped that the trip

would strengthen her after the wearing duties of the White

House. If this turns out to be so I shall be content.

  June 8, 1878. - The weather is very cool for the season. Yes-

terday I rode out to the [Soldiers'] Home with Webb, Emily,

and Governor Jewell. Good company and a bright bracing air.

This morning a cold rain.

  Last evening Webb and Emily Platt went on the limited ex-

press at 9:20 P. M. to meet Lucy and Fanny in New York.

Lucy and Fanny have been gone three weeks yesterday. Too

long an absence. We should always be together. They will

reach here tonight . . .

  June 9, 1878. - Lucy and Fanny returned last night from

their delightful trip to Malone and the Adirondacks, both fat-

tened and browned and invigorated. Great happiness to have

them with us once more.









488          RUTHERFORD BIRCHARD HAYES



  June 14, 1878. - Left the evening of the 11th for West Point

to witness the graduating exercises. Had a most delightful sail

up the Hudson on the government quartermaster boat under

Captain ----. A  lovely visit at West Point, 12th and 13th,

and returned the afternoon of the 13th down the Hudson in

[the] same boat.

  June -, 1878. - Went with Lucy and Crump to Mount Ver-

non, June 20. Slept in Lafayette's room. [On the] 23rd went

to Pohick church. Returning stopped at Mr. Troth's a few

minutes and at Mr. Mason's at Woodlawn. A delightful day.

Slept again in Lafayette's room (now the New Jersey room).

Mrs. Halstead of Newark, New Jersey, and Mrs. Hudson of

Connecticut (Stratford), Colonel Hollingsworth, and the two

McDermotts were friendly hosts. Returned with Major Breck-

inridge on government boat--Captain Travis.

  The notable political event of the month is the adjournment

of Congress the 19th (at 7 A. M., 20th).  I went with all the

Cabinet to the President's room in the Capitol at 12 M., 19th

Remained a few hours when the date of the adjournment was

changed from 19th, 6 P. M., to 19th, 10 P. M.  We returned at

8 P. M. Time changed to 1 A. M., again to 3 A. M., then to 5 A.

M., and finally to 7 A. M., 20th! Too many of the Enrollment

Committee of the House were drunk! So of the clerks! The

colored member, Rainey, of South Carolina, kept sober and alone

secured attention to the Sundry Civil Service Bill, appropriating

many millions-perhaps eighteen million dollars! At last one or

two important pages relating to the Hot Springs were omitted

or stolen from the bill. It should be investigated.

  The family event of the month was the quiet, beautiful wed-

ding of my niece Emily Platt to General Russell Hastings.

  July 1, 1878.- We  intend to go tomorrow to the centennial

celebration of the massacre of Wyoming. We shall dine and

have a reception at Governor Hartranft's tomorrow evening.

The next day, the third, will be spent in the valley of Wyoming

and the Fourth will be spent at Wilkes-Barre.  I shall probably

say a few words at Harrisburg-very few.  I may allude to

the centennial anniversaries of the important events of the Revo-









             PRESIDENT - SECOND YEAR          489



lutionary War; the number of them which occurred in Penn-

sylvania, and the example afforded by Philadelphia in 1876.

  At Wyoming I may say a word or two about the peculiarity

of the event celebrated.  The anniversary is not in honor of

warriors or their deeds, or of statesmen and their achievements,

but in commemoration of the pioneers-the men and women

who encountered disease and hardship, danger and suffering,

to reclaim the wilderness and turn [it] into civilized homes. We

have now on our western and southwestern borders in Wyoming

and Montana, in Idaho and Oregon, in Arizona and Texas, large

numbers of our countrymen engaged as pioneer settlers in a

struggle with difficulties and dangers, not different from those

which the pioneers of the Susquehanna Valley encountered.

How can we best aid them?  The Indians are the most dreaded

danger.  How to deal with them is a problem which for nearly

three centuries has remained almost unsolved. The founder of

Pennsylvania came nearer to a successful solution of it than any

other of the founders of colonies in the United States. Two

leading ideas seem to be at the foundation of a successful

Indian policy. With these always in view the early settlers may

have safety.

  1.  Let all our dealings with the redman be characterized by

justice and good faith, and let there be the most liberal provision

for his physical wants, for education in its widest sense, and for

religious instruction and training. To do this will cost money,

but like all money well expended, it is wise economy.

  2.  If by reason of the intrigues of the whites or from any

cause Indian wars come, then let us correct the errors of the

past.  Always the numbers and prowess of the Indians have 

been underrated.

  July 7, 1878. - We enjoyed our trip to Wyoming.  We dined

on the second at Governor Hartranft's in Harrisburg and had an

agreeable reception in the evening. The clergymen were par-

ticularly hearty.  On the third we reached Mr. Pettibone's in

Wyoming near the monument, about 9 A. M. or earlier. I spoke

in the tent offhand, but acceptably.  The reports were not well

taken by reason of confusion. But the reception of the speech

by Judge Packer and other intelligent people was satisfactory.









490          RUTHERFORD BIRCHARD HAYES



It ought, however, to have been written out by me for the press.

As reported it looks disjointed. At Wilkes-Barre our stay was

most enjoyable. The miners and the wealthy were equally cor-

dial. Wilkes-Barre is a beautiful town with a fine site on the

Susquehanna. Here our hospitable friends, Phelps, Cunning-

ham, and Parrish entertained us.

  My next visit is to Ohio. Simply a great soldiers' reunion

at Newark. Let me prepare a short speech or two for the press.

  The Home, July 10, 1878. - Came out to the Soldiers' Home

tonight. A fine cooling thunder-shower. The last few days

very hot; 88 degrees in the White House.

  July 12. - Weather still very warm.  Attended yesterday the

meeting of the Board of Managers of the Soldiers' Homes at

the Surgeon General's office in order to make a quorum - seven.

General Butler presided. He was very polite!

  Wednesday A. M., Soldiers' Home, July 24, 1878.-We left

here about 7 [last Friday evening] after a fine thunder-shower,

and at the Baltimore and Ohio Railroad depot took the private

car of President Garrett -Mrs. Sollar, Miss Willock of Lan-

caster, Ohio, General Sherman, General E. B. Tyler, General

Devens, Webb, and self. A pretty comfortable night. Saturday

very hot. The motion of the cars in the mountains made Mrs.

Sollar and General Tyler seasick. Met by crowds at Zanesville

and Newark. Got quietly and almost unobserved into Columbus.

Found all well at Laura's and [had a] delightful time. Sunday

a north wind brought relief. [July] 22, Monday, Newark,

weather good, demonstration successful.  Stand too weak as

usual. Keifer's speech good and delivered admirably. I got off

a few words satisfactorily.

  Found all well on our return; absence, four days.



Private.

          EXECUTIVE MANSION, WASHINGTON, July 24, 1878.

  MY DEAR N-:-I have your letter of the 21st. You evi-

dently have not heard of the rule--an ungracious and embar-

rassing rule - which I felt it was my duty to adopt against the









             PRESIDENT - SECOND YEAR          491



appointment of relatives to office. No man connected with me

by blood or marriage has received any appointment at my hands.

I need not say that there have been applicants. No doubt a

number have felt severely my refusal to give them places. Gen-

erally, I am glad to be able to say, my course on this subject has

been approved by my own and by my wife's kindred. I need

not argue the propriety of the course. As you say, "Enough

is as good as a feast."

  You speak of local places which you would like to have. Such

places are usually filled by incumbents of local offices. Of

course I do not dictate or oppose such appointments. I simply

let them alone.

  This is a hard letter to write. I feel the value of what you

have done. I am persuaded of the warmth and sincerity of your

friendship.  More than most men, I suspect, I feel the ties of

kinship and the duties they impose. Your qualifications and

fitness for any duty you would undertake, I know are ample.

But the principle is in the way. Hence this awkward and, I

fear you will think, this cold and unfriendly note.

                          Sincerely,

  H. S. NOYES.                                   R. B. HAYES.



  July 27. --In conversation with General Robinson, Tanner,

and a gentleman from Albany I spoke of the fact that Conkling

and Butler were generally regarded as at the bottom of the

Potter investigation. Tanner now writes for proof in order to

injure Mr. Conkling. I reply:



Private.

                                              July 26, 1878.

  MY DEAR SIR:- The impression you refer to, so common

here, may not be well founded. No doubt it is largely traceable

to the World correspondent's disclosures. Whether true or not

I see no reason for its dissemination. Certainly, I shall have

nothing to do with it. My course is not based on personal

grounds.                   Sincerely,

                                              R. B. HAYES.

  MAJOR JAMES TANNER.









492          RUTHERFORD BIRCHARD HAYES



  July 28, 1878.--Yesterday afternoon took a sail on [the]

revenue steamer Ewing down the Potomac below Mount Vernon.

Sherman,  Key,  Mr.  Upton,  Dr. Wilson,  Lucy,  Sherman's

daughter and another little girl, Clark, Superintendent of the

Service, etc., etc.  Showery and cool.  A pleasant trip.

  The event of the week is the South Carolina case.  In eight

or ten States of the South, in the mountain regions, embracing

perhaps sixty counties in all, with possibly a population of a

million or more, the tax on whiskey can't be collected; or if col-

lected, it is with a good deal of difficulty.  Hitherto there has

been a great deal of evasion and some violence and bloodshed.

But while public men and the courts in that region have winked

at the violations of law, there have been, I think, no attempts

to array the Governments of the States concerned against the

United States.

  The appearances now indicate that in South Carolina there is

danger of this. Governor Hampton is a conservative and

wishes to see the laws enforced without violence. But a state

circuit judge in a carefully prepared opinion holds the United

States laws unconstitutional.  This is in a case where a homicide

was committed by United States officers in an attempt to arrest

a violator of the revenue laws. The officers were prosecuted

in the state courts for the homicide. They sought to remove

their cases from the state court into the United States court.

The state judge, Judge Kershaw, held that this could not be

done, and refused to allow or order the sheriff to produce the

officers, his prisoners, before the circuit court of the United

States in obedience to the writ of habeas corpus cum  causa.

This presents a conflict of jurisdiction which may lead to serious

results.

  July 30. - The whiskey cases in the South call for wise and

firm conduct. No doubt the Government is a good deal crippled

in its means of enforcing the laws by the proviso attached to the

Army Appropriation Bill which prohibits the use of the army

as a posse comitatus to aid United States officers in the execution

of process.  The States may and do employ state military force

to support as a posse comitatus the state civil authorities. If a









             PRESIDENT - SECOND YEAR          493



conflict of jurisdiction occurs between the State and the United

States on any question, the United States is thus placed at a

great disadvantage. But in the last resort, I am confident that

the laws give the Executive ample power to enforce obedience to

United States process. The machinery is cumbersome and its

exercise will tend to give undue importance to petty attempts

to resist or evade the laws. But I must use such machinery as

the laws give.

  Without passion or haste, the enforcement of the laws must go

on. If the sheriffs or other state officers resist the laws, and by

the aid of state militia do it successfully, that is a case of re-

bellion to be dealt with under the laws framed to enable the

Executive to subdue combinations or conspiracies too powerful

to be suppressed by the ordinary civil officers of the United

States. This involves proclamations, the movement of United

States land and naval forces, and possibly the calling out of

volunteers, and this looks like war.  It is like the Whiskey Re-

bellion in the time of Washington. That precedent, if the case

demands it, will be followed. Good citizens who wish to avoid

such a result must see to it that neither their State Governments

nor mobs undertake to prevent United States officers from en-

forcing the laws. My duty is plain. The laws must be enforced.





Private.

         EXECUTIVE MANSION, WASHINGTON, August 1, 1878.

   MY DEAR S-:-Again there is talk about the district at-

torneyship at Chicago. Root was here--appears well. But

there is also much talk about popular soldiers. Is there such a

man, fit and suitable?  Or is Root the man?

  I am threatened by a blackmailer with a little bit of a scan-

dalous publication if I don't give him an office! Of course I

will not buy him off, and he may publish.  If he does you will

know there is nothing in it worth attention.

                           Sincerely,

                                                 R. B. HAYES.

  HONORABLE WILLIAM HENRY SMITH.









494          RUTHERFORD BIRCHARD HAYES



  August 2.-Good rains; thunder-storms yesterday and the

day before. Sultry between showers.

  In June my private secretary during the second term as Gov-

ernor (1870-72), Colonel Neil, came from Salt Lake, where

he is assistant postmaster, after a consulship.  He had with

him a gentleman of some apparent importance, Lycurgus Edger-

ton. It soon appeared that Edgerton wanted to get Neil ap-

pointed a consul to some important place in France to advance

his (Edgerton's) interests in selling silver-mining stocks in

Utah. Edgerton professed to have great influence with Mr.

Evarts. But he failed to get the office. He failed also to get

a place on the Silver Commission which he wanted for himself.

Now he threatens to publish damaging things about me if I don't

appoint Neil to an office. His exposures are:--I. My insin-

cerity and broken promises to Neil in regard to the office sought.

2. That I grossly insulted Mrs. Neil by kissing her when she

called on me at the White House.

  As to the first, there is nothing worth remarking on. As to the

second, there was no offense. Mrs. Neil's father and I were

old acquaintances in Cincinnati before she was born. When she

married Neil he was my private secretary, and both were in

the habit of saying they could not have married but for my

appointment. A friendly kiss of greeting had been common. I

saw no offense taken by her. But now Edgerton proposes to

regard this as an insult which can only be atoned for by an

office!  In fact, the only offense was the refusal to appoint.

Colonel Neil has nothing to do with this, I am confident. Before

he left I told him that any vacant office in Utah, it would be

proper for him to apply for, and that I would consider the case

favorably. But now Edgerton kicks this over!

  Monday, August 5, 1878. - Lucy left this evening with Birch

and Fanny to visit for a week or ten days Judge Swayne's family

at Newport.

  Today we had the heaviest storm of rain and hail I have

ever seen. With Birch in the Fremont carriage- the greys

driven by Albert - we were weather-bound in Vermont Avenue

near N [Street] over half an hour. No harm done.









             PRESIDENT - SECOND YEAR          495



Confidential.

       EXECUTIVE MANSION, WASHINGTON, August 5, 1878.

  MY DEAR S-:--Mrs. Hayes has a letter from Mrs. Smith

which speaks of handbills announcing that I will be in Chicago

at the Fireman's Tournament, September 4. My reply to the

mayor was intended to be that I would not be able to attend.

Awkwardly enough, I do expect to attend the Minnesota State

Fair about that time, and would naturally pass through Chicago.

I don't want to be on exhibition when I can avoid it. What can

you suggest? I think my engagement at St. Paul is on the 4th.

  Colonel Kellar is winning victories in Memphis, you notice.

I am sorry it is mixed up with soft money, but as it divides the

solid South, I think we may welcome it.

                          Sincerely,

                                               R. B. HAYES.

  HONORABLE WILLIAM HENRY SMITH.







  August 6. - It is plain that the Civil Service reform has made

some progress.

  1. No assessments on office-holders are now allowed. If it

is charged in any case, the officer concerned hastens to deny it.

Even the enemies of reform in the party now give it up. (See

Gorham's letter.)

  2. Office-holders have in great degree ceased to interfere

in party management. If accused of it, they deny it.

  3. Appointments are no longer regarded as belonging to

Congressmen.

  4. No relatives are appointed to office by the President.

  5. No misconduct of any sort, no corruption in office, is

covered up by the Administration. All officers understand that

a betrayal of trust will lead "to speedy, unsparing, and thorough

prosecution and punishment."

  6. Appointments less partisan than any time before since

[J. Q.] Adams' time.

  7. No partisan service required of any public officer.









496          RUTHERFORD BIRCHARD HAYES



  Thursday, August 8, 1878.- I probably go to St. Paul the first

week in September. In the remarks I may be required to make

I will present some facts bearing on our financial condition.

This is the subject which now attracts the attention and deserves

the careful consideration of the country. For five years, ever

since the panic which began in September,  1873, the whole

business of the country has been greatly depressed.  That de-

pression, wide-spread and general, demands and receives a large

share of the attention of thoughtful people. . . .

  In Maine a friend says the friends of the Administration are

many of them not disposed to support the Republican ticket be-

cause the convention passed no resolutions sustaining the Ad-

ministration. The truth is, they passed no resolutions on the

subject. They said nothing on the questions of the past; noth-

ing on any subject likely to divide the party. They simply took

the right side on the question whether the people shall have

honest money. They made this their sole issue. This is like

my contest in Ohio in 1875. It is now the real issue before

the country. It is the only very important question. The Re-

publicans of Maine are fighting the battle for a sound currency,

for honest money, for a currency of gold and silver and of

paper redeemable in gold and silver at the will of the holder.

My sympathies are all with them. I hope they will succeed.

No Republican ought to hesitate in that conflict.





      EXECUTIVE MANSION, WASHINGTON, August 8, 1878.

  MY DEAR S-:- You were right as to the importance of giv-

ing reasons in a succinct form for the New York change.  I

directed it to be done, and in part it was attended to, but not as

it should have been. The truth is "the Administration is not

well edited."  None of my  excellent associates possess the

editorial talent or experience. But the [San Francisco] Bulletin

should know that the order has not been modified.  In Massa-

chusetts where he [the writer] says Devens modified it, it

is today well enforced, and the evil it aimed to destroy is almost

unknown.

  I have written about the trip.  I don't want a reception at









             PRESIDENT - SECOND YEAR          497



Chicago. I want to get through as rapidly as possible to St.

Paul and return.

                           Sincerely,

                                               R. B. HAYES.

  HONORABLE WILLIAM  HENRY SMITH,

      Chicago.



  [Mr. Smith had written August 5:-

  "At the time of the removal of Collector Arthur I suggested

the publication of the special reports of the commisisoners as a

sure way of silencing unfriendly criticism, and as being due to

the press, friendly to your Administration who otherwise would

be unable to meet the criticisms in an intelligent manner. As

confirming this opinion the comments of the San Francisco

Bulletin, which I enclose, are entitled to consideration.    The

Bulletin is the ablest and best of the papers on the Pacific Coast;

conservative, and friendly to you. But not having the facts

before him, the editor has been able to see nothing but our

abandonment of civil service [reform] in the removal of Arthur

and appointment of Merritt.

  "You have been pleased to give me credit for political sagacity,

and I feel that if I was ever entitled to your good opinion I am

in this matter. If I could have the publication of the reports in

my hands, the result would be to greatly strengthen you. The

fullest publicity of the transactions of your Administration and

reliance on the intelligent reading classes, are the best methods

for defeating the implacables.

  "I have written to Mr. Pickering, one of the proprietors of the

Bulletin, privately, hoping thereby  to forestall any  further

criticisms."]





  Soldiers' Home, August 9, 1878. -Nothing brings out the

lower traits of human nature like office-seeking. Men of good

character and impulses are betrayed by it into all sorts of mean-

ness. Disappointment makes them unjust to the last degree.

  August 12. - George H. Forster, an able lawyer of New York

City, dined with me Friday and talked over the whole situation.

    32









498          RUTHERFORD BIRCHARD HAYES



The enemies of the Administration have the organization in their

hands and will control the party in the State. But a majority

of the good citizens outside of the politicians are sound, so Mr.

Forster says, and in time they will control the organization. All

this is of small importance, if I can keep in the right path, and

carry forward the good cause.





      EXECUTIVE MANSION, WASHINGTON, August 12, 1878.

  MY DEAR S-:--Your letter received. First and most im-

portant, quit work, take care of your health, keep cool, and let

the heathen rage.

  Second, I would like to stay a week with you, but I can't do

more than as follows: Are you surely right as to the firemen

taking up the third? If so I can do this. Leave Fremont Mon-

day evening, September 2, reach Chicago Tuesday morning, stop

with Drake* over the third, leave for St. Paul morning of fourth,

reach St. Paul night of fourth, and remain over fifth. Return

sixth and seventh to Fremont. Possibly I may go west from

St. Paul for three days. Now, if you and Mrs. Smith can go

with us from Chicago, I shall be particularly pleased. I shall

also ask General Sheridan to go.

  Will it do to talk a few sensible sentences about financial

affairs on my trip?

                          Sincerely,

                                             R. B. HAYES.

  HONORABLE WILLIAM HENRY SMITH.



Private.

      EXECUTIVE MANSION, WASHINGTON, August 19, 1878.

  MY DEAR S-:--I have yours of the 15th.  The programme

you state still sticks without change. . . . But I am getting

letters from Wisconsin which lead me to think of yielding to

their urgent invitation to return via Madison and stop the tenth

at their State Fair. They have organized a system of pressure

upon me which is so admirably done that it deserves success.



    *John B. Drake, Grand Pacific Hotel.









             PRESIDENT - SECOND YEAR          499



The Governor, Senators, and Representatives have written.

Howe is particularly polite! On the other hand must I give up

to political pressure ?

  I suspect the Memphis sorrow [yellow fever epidemic] is

greatly exaggerated by the panic-stricken people. We do all

we can for their relief.

                          Sincerely,

                                              R. B. HAYES.

  HONORABLE WILLIAM HENRY SMITH.



      EXECUTIVE MANSION, WASHINGTON, August 28, 1878.

  MY DEAR S--:- I send you the substance of the talks I

shall make, if I make any, in the West. This is rather a message

than a speech, but I shall not adhere closely to the text. I send

it to you for suggestion. I do not want to talk at all at Chicago,

and trust you will be able to arrange it so.

  What is the general feeling about business?

  I leave here Friday evening. If you have anything to say,

please send it to me at Fremont, where I shall be Sunday and

Monday.

                          Sincerely,

                                              R. B. HAYES.

  HONORABLE WILLIAM HENRY SMITH.



Private.

      EXECUTIVE MANSION, WASHINGTON, August 29, 1878.

  MY  DEAR S-:--The printed mem. for remarks which I

sent you contained on 6th and 7th pages what I do not want

used.  In the place of it are a few figures and sentences on the

balance of trade which I send you.

                          Sincerely,

                                             R. B. HAYES.

  HONORABLE WILLIAM HENRY SMITH.





  September 1 (Sunday), 1878. Fremont, Ohio. -We . . .

reached here last night. At depot many friends met us; no









500          RUTHERFORD BIRCHARD HAYES



speeches; a band accompanied us home. Here Mrs. Savage and

[family] - cousins (second) - are in possession of our pleasant

home, keeping it in beautiful condition. Rutherford is here,

making the family circle complete for the first time since the

silver wedding.



                      FREMONT, OHIO, September 15, 1878.

  MY DEAR S--:--I write to express my special thanks to you.

Our trip to the Northwest has been in all respects one of the

most gratifying events of my life. There may have been friction

and unpleasantness, at more than one place, but they were kept

out of my sight and were to me as if they had not been. Al-

together, our remembrance of the visit is the most agreeable

conceivable.

  With love to Mrs. Smith, yourself, and yours, I am,

                          Sincerely,

                                              R. B. HAYES.

  HONORABLE WILLIAM HENRY SMITH.





  Soldiers' Home, September 26, 1878.  Thursday.--Yester-

day at 10 A. M. we, that is, Lucy, Birchard, Rutherford, Fanny,

and Scott, with our faithful men, Crump and Isaiah, reached

the White House after twenty-six days' absence. A most happy,

successful, and I hope, useful trip. At Pittsburgh, our last stop-

ping-place, the reception and welcome was most enthusiastic.

Nothing of the sort could have been finer.

  I met at Chicago many gentlemen who were very kind to me

-Howe, MacVeagh, Baker, Phelps, Walker. At the banquet

took Mrs. Clinton Locke, wife of Rev. Dr. Locke, to the table.

  October 1, 1878. - Upon the whole the Western trip was the

happiest and most useful trip yet made. It certainly strengthened

my Administration and our greetings showed that we were al-

ready strong. I go tonight to New York to attend the meeting

of the Board of Trustees of the Peabody Education Fund.

  I go to a fair at Winchester, Virginia, the 16th.









             PRESIDENT - SECOND YEAR          501



  On the subject of money we can't be wiser than the Con-

stitution. The money of the Constitution is coin. By a law

established by the common consent of all mankind, the precious

metals, gold and silver, have been the standard of value in all

countries and ages, and that law can no more be repealed by act

of Congress than the law of gravitation. It is fundamental and

irrepealable. The fathers of our Constitution embodied it in

their great work.  There it will stand.

  Soldiers Home, near Washington, October 5, 1878. - Yester-

day I was fifty-six years old. I returned with Lucy and my old

friend, John W. Herron, from New York, about daylight.  The

dome as the sun was rising behind it was an object of singular

beauty. My first meeting at the Fifth Avenue Hotel with the

Peabody Trustees was an agreeable one. Mr. [R. C.] Winthrop

presided. He is an exceedingly interesting old gentleman. Mr.

A. H. H. Stewart, of Staunton, Virginia, impressed me most

favorably as an able, kind, and cultured Virginian of the old

school. General Dick Taylor is a witty talker, polite and liberal.

Dr. Sears, the agent, does the work of the board, and, I think,

does it wisely and well.

  Touching my birthday. I was never on the whole happier

than I am now. My health, and that of my wife also, is very

good. Our elevation has not, I am sure, turned our heads.

The abuse of us and the honest but severe criticism do not

sour us. I try to judge fairly as to what is said and "to improve"

all just criticism.  My  Administration is no doubt stronger

than ever before. The appeal to the people on grounds of a

non-partisan character has been successful. I must in the future

be more and more careful to do only what is wise and right.

  I am told by Mr. Rainey, colored Congressman from South

Carolina, that in Sumter and other counties the whites are re-

sorting to intimidation and violence to prevent the colored people

from organizing for the elections. The division there is still

on the color line. Substantially all the whites are Democrats

and all the colored people are Republicans. There is no political

principle in dispute between them. The whites have the in-

telligence, the property, and the courage which make power.









502          RUTHERFORD BIRCHARD HAYES



The negroes are for the most part ignorant, poor, and timid.

My view is that the whites must be divided there before a better

state of things will prevail.

  How to deal with debts; the value of the public credit, and

how to sustain it; what constitutes a sound, safe, and stable

currency. No man living or dead has given or can give better

advice than James Madison. On these subjects, no man can be

wiser than the Constitution, for whose formation and adoption

he did so much.

  October 8 (Sunday), 1878. - My talk at Orange Court House,

Virginia, Wednesday, must be very brief and confined to the

services of Madison. His name is linked inseparably with the

Constitution of the United States.     He  is called its father.

No man did more in its formation, and no man did more to

procure its adoption by the States. As long as free constitu-

tional governments exist, his work will be held in grateful re-

membrance. He was wise on all the questions of his time.

More than that his wisdom embodied in our Constitution solves

every doubtful question which has arisen since his time, and all

the questions of the present epoch.



Private.

      EXECUTIVE MANSION, WASHINGTON, October 6, 1878.

  MY  DEAR S-:- Thanks  for the Evanston advice [about

aspirants for the postmastership]. It will be followed.

  I send you General Devens' notes [relating to payments on the

Chicago custom house contract].      Please treat them as confi-

dential.

  Don't allow these things to worry you. Do the best you can

without too much labor or friction and let them go at that. It

struck me that you looked as if your health required attention.

Do try to favor yourself. Let things work themselves out.

Turn over to others some of your labors. This is earnest. Swear

off from half your work. You are endangering your health.

  We are all well. Mrs. Hayes joins in love to you and yours.

                         Sincerely,

                                             R. B. HAYES.

  WILLIAM HENRY SMITH.









             PRESIDENT - SECOND YEAR          503



Private.

      EXECUTIVE MANSION, WASHINGTON, October 7, 1878.

  MY DEAR S--:- I send you a dispatch just received. If it

is in any way true you will let me know and its true value.

  The elections turn out so well that we are, as the newspapers

say, "serene." How are you?

                          Sincerely,

                                              R. B. HAYES.

  Please return enclosure.- H.

  HONORABLE WM. H. SMITH.





  October  10, 1878.--Yesterday  went  with  Lucy,  General

Devens, General Schurz, and Mr. Rogers to Montpelier, the

residence of Madison. We left the depot about 6:30 A. M., after

an early breakfast at the Home, and reached Orange Court

House, eighty miles, about half-past ten A. M. At eleven we

started in carriages for Montpelier, about five miles distant.

On the cars we were joined by Colonel John S. Mosby, who had

charge of the party, his sister, Miss Mosby, Captain Chapman,

his brother, Mr. Mosby, and by Mr. Hill, a senator of Maryland,

Prince George's County. At Alexandria, by Lewis Mackenzie,

postmaster, Mr. Payne and his son, the clerk of court, and

Miss -; at Fairfax by ex-Lieutenant-Governor Thomas

("Judge"), Mr. Brook, senator of Loudon and Fairfax, and

others.  Before reaching Orange Court House a committee of

trustees, Mr. Chapman, Edward C. Marshall, son of Chief Justice

Marshall, Colonel Willis, a nephew of Madison, and others.

  A crowd of people met us at Orange and there was speaking.

Our train of carriages on a fair Virginia road reached the

mansion in an hour. It was a satisfaction to find so admirable

a place. The house large, with piazza and tall large pillars like,

somewhat, Arlington, on an elevation with perhaps fifty acres

of lawn in front, and a noble view of the Blue Ridge. The great

trees were very interesting to me.

  A white oak near the grave twenty-one feet in circumference!

A chestnut on right flank of lawn thirty-seven feet in circum-









504          RUTHERFORD BIRCHARD HAYES



ference. A black walnut, right of house, fifteen feet. A poplar

(tulip) eighteen feet. The oak and chestnut were low and apple-

tree shaped; the poplars and walnuts, of which there were many,

tall and beautiful. The place is not well kept up and is for sale

cheap. Forty thousand dollars certainly would buy it with

eleven hundred acres, and probably thirty thousand dollars. A

great lack of enterprise, thrift, and comfort in that region, but

the people were many of them well informed and generally,

perhaps universally, friendly and well-disposed to newcomers.

  A Mr. Brasee, of Baltimore, has bought and finely improved an

estate this side of Montpelier eight miles, at Rapidan. His

elegant barouche and four with driver were at our service and

took us to Montpelier. On the piazza we were welcomed with

hearty hand-shaking by the present owner Mr. Carson, and by

a carefully prepared speech by Colonel Willis. An interesting

and enjoyable day.

   October 17, 1878.--Returned this morning from the Win-

chester Fair. Lunched elegantly at Judge Pendleton's, who has

rebuilt on the Mason place, where the mansion was carried off

to the last brick by the Union soldiers.  Mr. and Mrs. Pendleton

live there in superb style. Their son, a young lawyer, is a

gentleman by nature and has culture and talents. Dined with

Governor Holliday and homed at his hospitable old Virginia

home. He is a one-armed Confederate soldier of liberal and

just sentiments; sound on the debt and currency questions. My

list of gentlemen to be remembered longer than usual. The

governor's brother, Dr. Holliday, Captain Clark, the mayor,

Judge, and young Pendleton.

  October 18, 1878.  White House. - We moved in from the

Home this morning in a cold rain-storm. Guy Bryan and Miss

Tilly Anderson, with little Hally Bryan, are our guests. They

will sleep with us tonight in the White House and leave for

home tomorrow via St. Louis.

  October 25, 1878. - We had an agreeable visit to Cumberland

yesterday.  The party consisted of Lucy and self, Mr. Sher-

man, General and Mrs. Tyler, of Baltimore, Major Morgan, Mr.

Gobright, and my clerk, Mr. Gustin. We left in the midst of a









             PRESIDENT - SECOND YEAR          505



storm at 7:30 P. M. Wednesday. Colonel Gilpin (Charles), and

Colonel Johnson came down to accompany us up to Cumberland.

At Cumberland yesterday morning the weather was perfect.  Mr.

Lloyd Lowndes, Jr., as president of the fair, Governor John Lee

Carroll, governor of Maryland, Mr. Reed, mayor of Cumber-

land, Colonel Bruce, [and others] were prominent in our enter-

tainment. I made an offhand talk - desultory, but successful and

well received. The governor was profuse in compliment and

apparently sincere. This is my last engagement of that sort.

Now for my message and other duties.

  October 26. -I will carefully examine the messages of all of

my predecessors -especially of Jefferson, Madison, J. Q.

Adams, Van Buren, and Lincoln on all the topics of which I

shall speak.

  I must make a clear, firm, and accurate statement of the facts

as to Southern outrages, and reiterate the sound opinions I have

long held on the subject. What good people demand is exact

justice, equality before the law, perfect freedom of political

speech and action, and no denial of rights to any citizen on ac-

count of color or race-the same to colored as to whites.





Private and Confidential.

      EXECUTIVE MANSION, WASHINGTON, October 28, 1878.

  MY  DEAR  S--:--Boyington  was  warmly  commended  by

McD- [Major McDowell] for architect. His testimonials from

Judge Otis, Bryan, and many others seem to show that he is

altogether fit for the place. If this is in fact so, there will be no

difficulty in appointing him.

  A  well-appearing--in fact handsome-young lawyer from

Evanston says Payne is not, and that Chase is, the choice of an

overwhelming majority of the best people in Evanston. I told

him I would not appoint before the 10th of next month. He

will undertake to prove his views correct. Again I say?

  Now as to Hill [the present supervising architect]. He

strikes me as not strong, but well-intentioned, or at any rate

so far worthy, or not unworthy, that if he is to go out we need









506          RUTHERFORD BIRCHARD HAYES



not look further after him. Ought we not to let other prose-

cution of him slide?

                          Sincerely,

                                             R. B. HAYES.

  WILLIAM HENRY SMITH.



                     [CHICAGO, ILLINOIS, October 30, 1878.

  MY DEAR MR. PRESIDENT:-- I am this moment in receipt of

your kind favor of the 28th instant, and reply at once to your

questions.

  1. W. W. Boyington is undoubtedly one of the most com-

petent architects this country has ever produced. He is both

able and honest, and his appointment would reflect credit upon

your Administration. If done at once much wrong may be

averted, and the Treasury Department relieved of one standing

disgrace -a disgrace I am assured by Members of Congress

they intend to reach in December if something is not done before.

Being advised of this purpose I have been anxious to have the

credit for so much of reform put down on the Republican side

of the ledger. This statement leads to

  2. Hill looks innocent, you say. For charity's sake let us

assume that he is. Then, he is weak, incompetent--a pipe for

rogues to play upon; a more dangerous man in an office of trust

than a smart rascal. The ring that uses Hill is a powerful one

and has its ramifications in many cities. To defeat it, prompt

and silent action is necessary. With Hill and his chief clerk

Jacobs (a precious scoundrel) out, it will be easier for John

Sherman to reach others who stand in the way of his complete

success. I use strong terms, but I am in a position to see and

know what neither you nor a Secretary of the Treasury in

Washington, surrounded by an army of subordinates with

bureau outposts to keep away informers, can possibly see and

know. There is abundant evidence to make the future life of

Hill a hard one, but I would spare him. Whether he can be

wholly saved here I do not know. The [grand] jury are at

work [investigating frauds in the construction of the Chicago

custom house], and are in earnest. I will see what can be done

now at this late hour.









             PRESIDENT - SECOND YEAR          507



  3. I received a letter from Raymond in behalf of Mr. Chase

who seeks the appointment of postmaster at South Evanston.

I understand that the opponents of Colonel Payne, finding that

neither of the lady candidates stood a chance, brought out Mr.

Chase. He is respectable and old, but without any special claim

on the place. . . . Payne was a good soldier, and he has

been three times elected corporation attorney as you will see

from the enclosed paper signed by officers of that town. He is

poor and in ill health, and fellow soldiers and active Republicans

want him to have the office.

                       Faithfully yours,

                                  WILLIAM HENRY SMITH.]

   HONORABLE R. B. HAYES.



   White House, October 30, 1878. - We celebrated last night

the twenty-ninth anniversary of the Cincinnati Literary Club by

a dinner to the members residing or present in Washington.

The list is as follows: Spofford, Rogers, T. C. H. Smith,

Samuel P. Butler, General Muzzey, R. B. Warden, W. W.

Warden, John E. Hatch, of Cincinnati, Judge C. P. James, Henry

Reed, A. R. Dutton, Cleveland Abbe, William Guilford, Henry

C. Borden, and self. Also Mrs. Hayes, Mrs. Rogers, General

Hastings, and Webb C. Hayes. Muzzey read a good paper.

Butler a fine poem. The witty paper of McConkey in 1854, bur-

lesquing the style of R. W. Emerson, was read by Spofford.

  November 1. - Mr. Evarts repeated the remark made about

a squeaking-voiced Chase opponent to Windom: "His voice

is admirably adapted to reading fine print."

  Mr. Ambrose Thompson says our greenback currency orig-

inated with an omnibus driver who called in the absence of

change for postage stamps; hence the postal currency.



Private and Confidential.

      EXECUTIVE MANSION, WASHINGTON, November 2, 1878.

  DEAR S-:--I have your very satisfactory letter about Boy-

ington, Payne, etc., etc.

  The next point is the place now held by Vail for which White









508          RUTHERFORD BIRCHARD HAYES



and Thompson are named.  After hearing all sides I incline to

Thompson but will hear you again if you wish. . . .

                            Sincerely,

                                                 R. B. HAYES.

  HONORABLE WILLIAM HENRY SMITH.



  November 6, 1878.       White House. -  The elections of yester-

day show very gratifying results. The States of New England

are solid for sound principles. The crushing defeat of [Benjamin

F.]  Butler  [Democratic candidate for governor of Massachu-

setts] was one of the best events that has happened since the war.

Unscrupulous, able, rich, untiring, he was the most dangerous

and  wicked  demagogue  we  have  ever had.  When  he  found

he could not rule this Administration, as he had hoped, he de-

clared war on it and me. At the close of his last interview

on the Methuen postoffice, he said, with significant emphasis:

"You will regret this." After a little hesitation, recollecting him-

self, he said, "because it is wrong."

  Everywhere in the North we are stronger than in any off

year since the war, except possibly in 1866 when Johnson was

overwhelmed.* The South is substantially solid against us.



  *William Henry Smith wrote the President November  12:--"Was

not our fight in the Northwest a gallant fight? Michigan's victory was

wonderful; so was that won in Chicago and Milwaukee. We were saved

here by compelling the speakers to take pronounced ground on finances-

compelling them to follow after you and Secretary Sherman. The fact is,

when you came here, besides the editorials of the Tribune, Journal, and

Staats Zeitung and the literature and meetings of our 'Honest Money

League,' nothing had been done. We had a no-meaning platform and a

central committee tainted with greenback heresies.     Then came your

speeches, plain, practical, and effective--so brief as to reach every man

and command his attention.  When you were through the fight was vir-

tually won, as committees and speakers were compelled to follow the

course marked out by you. It was a political necessity which they could

not fail to see. By the way, there were heavy gains in Illinois and

Wisconsin wherever you spoke.  . . . I shall insist on taking a part

of the credit to myself, as you will remember that I had hard work

to get you to stop in Illinois, although I had been working to that end

for a year. You were for going straight through to St. Paul, and then

returning as rapidly as possible. However, it was something to yield

your claims for rest and quiet for the general good."









             PRESIDENT - SECOND YEAR          509



Their vote is light; our side was unorganized, - a host of people

of both colors took no part. The whites must divide before we

can hope for good results there. The blacks, poor, ignorant, and

timid, can't stand alone against the whites.

  In my message I must treat this result as a decision in favor

of resumption, undisturbed; in favor of reform; in opposition to

all revolutionary schemes which would destroy the stability of

our Government. It is in one word a verdict against Butlerism.

  It is 1. A verdict in favor of a sound constitutional cur-

rency; in favor of a currency equal to gold.  2.  A verdict in

favor of maintaining unstained the national credit. 3. A ver-

dict against all revolutionary schemes threatening the stability

of our form of government.  4. A  verdict against communism,

socialism, and repudiation.  5.  In a word, it is a verdict against

Butlerism in all its forms.

  The only regret is that the better elements of the South

were not so organized as to have a share in the victory. No

doubt many good and conservative men have been elected. Prob-

ably a large majority are in their judgments and consciences

opposed to the wild and dangerous doctrines which the better

sentiment of Massachusetts and of the rest of the conservative

States of the North have so decidedly condemned.

  We  are for:- 1.  A  sound constitutional currency, specie

and paper, both equal in value to gold. 2. A maintenance of the

public credit. 3. Equality of rights for all States and for all the

citizens of all the States.  4.  We are opposed to inflation and

repudiation. 5. We are opposed to all revolutionary schemes

hostile to the stability of the Government. 6. We are opposed to

communism, socialism, repudiation, and inflation.

  White House, November 12, 1878.--It now looks as if the

November elections had settled all questions as to the Presi-

dential title; that Potterism is dead.  But Butlerism - cheap

money schemes still live. The popularity of silver, the unpopu-

larity of banks, or rather of money-lenders as embodied in the

national banks, are strong enough to be corner-stones of parties

and platforms. They will probably divide the Democratic party

and so strengthen the Republican. But if all the discontent could









510          RUTHERFORD BIRCHARD HAYES



be embodied in one party, with cheap money and plenty of it as

its watchwords, the power of such a party would be ample for

mischief and it might, for a time, rule the country.

  In South Carolina and Louisiana, and perhaps in some of

the other cotton States, grave charges are made that the con-

stitutional provisions which guarantee equal citizenship have

been practically nullified; that by fraud or force or intimidation,

colored citizens have been disfranchised.

  By state legislation, by frauds, by intimidation, and by violence

of the most atrocious character, colored citizens have been

deprived of the right of suffrage - a right guaranteed by the

Constitution, and to the protection of which the people of those

States have been solemnly pledged.

  President Monroe in his third annual message, December,

1819, congratulates Congress on its meeting in the public build-

ings so far completed, etc., etc. The Capitol then first occupied

since its rebuilding.



Private.

     EXECUTIVE MANSION, WASHINGTON, November 14, 1878.

  MY DEAR S-:--I have your letter of the 11th.  That word

"nervous" scares me. You are working too much and have too

many irons in the fire. Do drop all but those which are espe-

cially on your conscience.

  I notice and thank you for the Evanston items. All right.

  I can't suggest anything in aid of your coming fight, except

don't do it to the injury of your health.

  Is it true that Boyington is in independent circumstances and

only asks the office for the honor, etc., etc.*

                           Sincerely,

                                               R. B. HAYES.

  WILLIAM HENRY SMITH.



  * Mr. Smith replied: -"I believe Mr. Boyington to be in good circum-

stances, and that he wants the supervising architect's position merely

for the reputation. There is not the least doubt that if appointed he

will do honor to your Administration and credit to himself. . . . I see

no way of reforming the shameful abuses of the architect's bureau, and









             PRESIDENT - SECOND YEAR          511



  November 20, 1878. - By this morning's papers it is reported

that Judge Gresham at Indianapolis was informed by the fore-

man of the grand jury that the President had directed that a

certain case, the case of Carey W. Miller, should not be prose-

cuted by indictment. The judge replied that the President could

not interfere with the duties of the grand jury; that by their

oaths they were bound to indict if the facts warranted it.

  The facts are, the Member of Congress from Indianapolis ap-

plied for a pardon of Miller. On the ex parte showing a good

prima facie case was made for a pardon prior to prosecution.

But before finally deciding, I preferred to hear what could be

alleged on the other side. For this purpose, I preferred delay.

There was no danger of an escape. The crime had been long

known.   Therefore the district attorney was directed not to

prosecute at the next term, then just about to be held, with a

view to further inquiry into the facts. It was thought if the

young man continued to behave well, and the facts on investiga-

tion warranted, that either no prosecution would be had or a

pardon could be properly granted. There was no interference

with the grand jury. The direction was to the district attorney

as to his duties and was in strict conformity with law. The

precedents are also abundant from the days of Washington

to Grant inclusive. The President has always been in the habit

of giving such instructions.

  Judge Gresham was hasty. He was not well informed as to

the facts. When the grand juror, the foreman of the grand jury,

made his statement, he should have inquired of the district at-

torney for the facts. The foreman did not pretend that he had

any personal knowledge of the matter. The judge went off half-

cocked on hearsay, or he blundered grossly if he had the facts.

The direction was to the district attorney as to his action with

a view of delaying prosecution until the question of the propriety

of a pardon could be investigated. The grand jury were not

addressed or approached even in the matter. The order tele-

saving the Secretary of the Treasury from mortifying exposures, but in

the appointment of some high-minded and honorable man like Boyington.

You can make a hit in his appointment, and going elsewhere you may be

misled."









512          RUTHERFORD BIRCHARD HAYES



graphed to the district attorney was in these words:  ".  .

postpone  .  ."



Private.

     EXECUTIVE MANSION, WASHINGTON, November 28, 1878.

  MY DEAR GENERAL: - I write to tender to you the appointment

of judge of the circuit court of the United States for the circuit

which includes your native State, Massachusetts. If you accept

I am confident that the members of the bar and the people most

interested in the appointment will applaud the selection I have

decided to make.

  While it gives me great satisfaction to be the instrument of

conferring upon you an honor which I know you deserve, I

cannot forbear to say that your absence from the Cabinet I

shall feel very deeply, and that in my judgment you can do a

higher service to the whole country by retaining your present

office of Attorney-General, than by assuming the duties of circuit

judge in the New England circuit.

                          Sincerely,

                                               R. B. HAYES.

  GENERAL CHARLES DEVENS.





  White House, November 29, 1878. - Thanksgiving dinner yes-

terday passed off well. Dr. Lanahan preached a great sermon

at the Foundry [Church]. God in all human affairs overruling

them for good. At dinner all of the clerks, their wives and little

ones, Hastings and Emily; in all at table twenty-eight. A turkey,

Narragansett from Rhode Island, gift of Senator Anthony,

weight twenty-five and three-fourth pounds; another from

Colonel Linthacum, Frederick, Maryland, twenty-three and one-

half pounds.   Music after dinner; recitations by little folks.

Andrews Rogers in sailor costume the hero.  In the evening

Webb, Lucy, and I walked out; called on General Schurz, Mr.

Evarts, Judge Harlan-all at dinner or out-and on McCrary

and Garfield who were in.  Lucy well and in fine spirits-

looking her best.









             PRESIDENT - SECOND YEAR          513



  Message finished and nearly all printed. The Senators are

coming in daily.

  Decembed 4, 1878. - My message was sent to the two houses

of Congress on the second soon after 12 M. It seems to be gen-

erally well received. Such Stalwarts and irreconcilables as the

New York Times are severe in their strictures upon it. No doubt

the Bourbon press, which represents the extreme sectionalism

of the South, will be equally bitter. This was expected. It

will doubtless continue to the end of my Administration.

  I am likely, I fear, to lose General Devens from the Attorney-

General's office by his acceptance of the New England circuit

judgeship.* It is difficult to fill his place satisfactorily. If our

Stalwarts would permit it, I should ask A. H. H. Stewart of

Virginia, to take his place. The probability is that the attacks

on such a course by the bitter brethren would damage the good

cause of pacification more than his appointment could bene-

fit it.



Confidential.

      EXECUTIVE MANSION, WASHINGTON, December 4, 1878.

  MY DEAR SIR:- I have heard within a day or two things

which make me anxious about the New Orleans customs officers.

Is there danger there? Please have a searching and thorough

investigation. Do it quietly. If a change seems best, let us get

the best men possible without regard to past "services."

                           Sincerely,

                                                R. B. HAYES.

  HONORABLE JOHN SHERMAN.





  December 8. - Now for the civil service in case the New York

appointments are confirmed. The first step in any adequate and

permanent reform is the divorce of the legislature from the

nominating power. With this, reform can and will successfully

proceed. Without it, reform is impossible. When the New

York nominations are confirmed, in case that is the result, I can



  *General Devens decided to remain in the Cabinet.

    33









514          RUTHERFORD BIRCHARD HAYES



go ahead with public efforts to reform the service. A special mes-

sage must be prepared to go in with Mr. D. B. Eaton's report.

I will make the principal point - the first point- as above in-

dicated. Argue it fully. The people must be educated to ex-

pect and require their Members of Congress to abstain from

appointments. They must not expect them to obtain places.

Congressmen must not claim to have a share of the appointments,

either principal or minor places.

  December 16. - Yesterday, Sunday, a gloomy, rainy day. In

the evening the Vice-President, General Sherman, Dr. and Mrs.

Woodworth, Judge Matthews, the Attorney-General, and Major

McKinley called. Mrs. Woodworth at the piano in the Red Room.

"Grandfather's Clock" and other plantation melodies made a

cheerful evening.   General  Sherman discussed the death of

[Princess] Alice, the war of the English against the Afghans, the

routes to India and Australia--noble steamers, well equipped,

no accidents, - and our visit to New York the 30th to attend the

Bryant Memorial exercises of the New York Historical Society.

  The political event of last week is the opposition of Conkling

to the New York appointments. This is a test case. The Senators

generally prefer to confirm Merritt and Graham. But many,

perhaps a majority, will not oppose Conkling on the question.

Senatorial courtesy, the Senatorial prerogative, and the fear

of Conkling's vengeance in future, control them. He is like

Butler-more powerful because he is vindictive and not re-

strained by conscience.

  The most noticeable weakness of Congressmen is their tim-

idity. They fear the use to be made of their "record." They

are afraid of making enemies. They do not vote according

to their convictions from fear of consequences.

  [Mr. Hayes spoke in a similar strain in his conversation with

William Henry Smith in June 1883, already quoted from. Mr.

Smith reports:-

  "The appointment of Welsh [as minister to England] came

about in this way: Evarts had in his gushing way said in the

presence of Don Cameron, that Pennsylvania was entitled to

one of the great missions, and as that to England was vacant,









             PRESIDENT - SECOND YEAR          515



if the Republicans there could agree among themselves, it could

be had. Don shrewdly saw an opportunity to put into practice

his peculiar tactics. He called a meeting of the Pennsylvania

delegation at his house, and there had a paper drawn up and

signed in favor of the appointment of his father, Simon Cam-

eron. This paper he fetched in person to the President, related

the conversation with Evarts, and said bluntly, 'This is what

Pennsylvania wants.' Now, note what followed: The very next

day before the hour for the meeting of Congress, a majority of

the Pennsylvania delegation who had signed the paper for

Simon Cameron called at the White House and told the Presi-

dent that they had signed under constraint, that the appointment

would not be proper and was not what Pennsylvania wanted!

  "Another striking illustration of the duplicity and cowardice

of politicians is found in the relation of the action of the New

York delegation and other supporters of Mr. Conkling in 1877.

Soon after the President reached Washington, the New Yorkers

called upon him at the residence of Mr. Sherman and presented

a paper duly signed by everybody in favor of the appointment

of Mr. Platt as Postmaster-General. Remarks were made by

the members of the delegation quite eulogistic of Mr. Platt, and

prophetic of the great good that would result to the Republican

party through such an appointment. I was quite strongly im-

pressed by the earnestness of these New Yorkers. After some

moments of general conversation they took their leave one by

one. Several of them were observed to speak to the President

elect in a low tone as they took his hand. Six of them - some

of them the loudest in their praises of the virtues of Platt-

whispered in the ear of Mr. Hayes that they did not want Platt

appointed, and that it was not what New York wanted!"]





  December 17. - Bright and beautiful.

  How to get the requisite information to appoint postmasters

without practically giving it to the Members of Congress, is one

of the questions. Last night I took up the papers in the Lebanon,

Ohio, case. There were eight competitors. Three women-

two, widows of officers. Three or four of the men were well









516          RUTHERFORD BIRCHARD HAYES



qualified and well supported by the people. I appointed a crip-

pled private soldier. He was getting a smaller pension than the

ladies received-poor, honest, moral, and religious, with requisite

business qualifications.

  December 21.--The first snow of the winter this morning.

One or two inches whitens the ground and it is still snowing.

  Dined with the Cabinet and General Sherman and Mr. Justice

Miller last evening. Mr. Justice Miller did the most of the talk-

ing-in a fine natural way and in the most charitable and

friendly spirit. Of Clifford he told anecdotes--favorable ones

- and spoke in the highest terms of his conduct, both matter and

manner, as President of the Electoral Commission.  "Marshall

could not have done better."

  December 23. - Last night Evarts and Sherman went to New

York to attend the New England dinner. Congress has taken

a recess until January 7, 1879.  Mrs. Austin, of Cleveland, has

been with us since Tuesday [the] 10th.  Rutherford came from

Cornell Saturday morning. Birch will be here the last of this

week.  Frank Hickok and bride, Mr. Jewett, of Chicago, and

Mrs. Jewett, Charlie Anderson and bride. Enough to make the

house merry New Year's day.

  December 25, 1878.--A happy day for Fanny and Scott.

Lucy not quite well.  .  .  .    ore presents than ever before.

But a long day!

  We are prosperous; our main ideas more acceptable than ever.

Resumption seems assured. The Southern policy safely vindi-

cated. We both long to be at home, and free and at peace ! Two

years more of responsibility, care, and labor!

  December 28, 1878. - Twenty-six years ago we were married.

A happier event for me - for both of us - than either of us

then ventured to expect. All of our children are now here.

Birch from Toledo, Rutherford from Cornell, and Webb and

the dear little ones. We also have Mrs. Austin, Lizzie and Lena

Scott, and two daughters of my friend Herron from Cincinnati,

Jennie, now Mrs. Charles Anderson, with her husband, and

Nellie [later to become the wife of William Howard Taft].  A









             PRESIDENT - SECOND YEAR          517



fine company, who make the house alive with laughter, fun,

and music.

  January 1, 1879.--We returned last night from New York.

Mr. [George William] Curtis' address at the Academy of Music

on Bryant was excellent and admirably delivered. He was

plainly dressed in a black frock coat, buttoned; read from manu-

script, lifting the sheets and throwing them over to the left pile

which grew as the other on the right diminished.  With a good

strong voice he delivered rather than read his address for one

hour and fifty-seven minutes without a break, or [a] moment's

hesitation, in superb style. The applause was frequent--mod-

erate usually; the most enthusiastic when  he repeated with

fervor the sentence quoted from  my  inaugural.  A  reception

afterwards at Mr. Frederic DePeyster's.

  Returned as we went in Tom Scott's car with Evarts, Senator

Kernan, General Sherman, General Devens, Dr. Loring, and

[others].

  Before eleven A. M. snow fell pretty rapidly making a dismal

day [for our reception]. But the floral decorations, the smilax

and foliage plants, the music and gas made the rooms cheerful.

The crowd was gay; the garb and ornamental costumes of the

diplomatic corps, of the naval and military gentlemen, lent

brilliancy to the scene. The crowd of people was not so large

as last year. More colored people, more Congressmen, and more

of the young; perhaps also more of the old people of the District.

Our visitors enjoyed it vastly.

  January 2.--A severe storm from the west put the mercury

down rapidly this afternoon. Three of our guests left this eve-

ning, notwithstanding, -  Mrs. Austin for Cleveland (her home)

and Mr. and Mrs. Jewett for Richmond, Virginia.  Lucy has

a difficulty in her throat and is in bed taking medicine tonight.

  January 3, 1879.- Coldest day!  One degree below zero in

front of the house, north side; 3 degrees below by thermometer

in waiting room at 9:30 A. M. !!  The sun shining beautifully

and only an ordinary wind blowing! Is not this unprecedented

in Washington?

  Lucy is better but still abed with her throat.









518          RUTHERFORD BIRCHARD HAYES



   [January] 4. - Still very cold; slightly milder than yesterday.

Resumption [of specie payments] has gone off well so far.

More gold brought in for notes, than notes for gold! A great

event if it sticks, as I believe it will.

  I am meditating a California trip with General Sherman. One

car for me and my party and one car for him and his friends.

I have invited to go with me the Vice-President, John W. Her-

ron and wife, of Cincinnati, and Mr. William D. Howells and

wife, of Cambridge. Lucy and Webb with our orderly, William

T. Crump, will also go and possibly Rutherford or Birchard.

Possibly the Secretary of War and wife will also be my guests.

Say, for my car, ten or eleven persons.

  January 10, 1879. - I am blamed for the pardon of Heywood,

convicted in Boston of sending obscene matter through the mails.

A man guilty of circulating, writing, or publishing obscene books

- books intended or calculated to corrupt the young--would

find no favor with me. He should be punished severely. In the

case referred to, the pardon was granted on principles perfectly

established in reason and by safe precedents:--1.  Imprison-

ment imperilled his health, as shown by the certificate of respect-

able medical authority. 2. There was no intention to violate the

law. 3. In my judgment the law was not in fact violated; the

pamphlet was not obscene matter.

  Indeed, I think the real objection to Heywood's act is not

that he discussed a question in an objectionable manner, but

that he was on the wrong side of the question. That he main-

tains the wrong side of the question as to marriage, I entertain

as little doubt as those who assail me. But it is no crime by the

laws of the United States to advocate the abolition of marriage.

Pamphlets or books on the wrong side of that question may be

obscene publications; so also may writings on the right side of

the question. In this case the writings were objectionable but

were not obscene, lascivious, lewd, or corrupting in the criminal

sense.

  January 22, 1879.- In presenting the argument against the

Senators' right to dictate appointments, a quotation from Madi-









             PRESIDENT - SECOND YEAR          519



son's speech in the first Congress [would be apt]. See Globe,

March 19, 1869, p. 163.

  February 2, 1879.- The contest in the Senate over the con-

firmation of my New York nominations for the customs offices

is close and as yet undecided. If confirmed against the votes

and efforts of both of the New York Senators, the decision will

be of great value. It will go far to settle, 1. The right of

Senators to dictate appointments. 2. It will decide in favor of

keeping the offices out of politics.

  In that case I will lay down the law to my New York officers

according to the doctrines of the strictest sect of civil service

reformers. Two or three officers holding confidential relations

with the chief officers may be left to their personal preference,

but the great mass of appointments must be impersonal and on

principles that will stand the test. I shall say to General Merritt:

Disregard all influence, all solicitation, all pressure--even if it

come from me, or his immediate chief, the Secretary of the

Treasury. In this way the question can be fairly tested, and the

value of the civil service rules have an impartial trial in this, the

most important office in the country.

  I put the issue on solid grounds in a short message which I

sent to the Senate on Friday, [January] 31. In the preliminary

skirmishing we have had slightly the advantage, and we seem to

be gaining. Judge Matthews leads on our side. Postponement

has seemed to be our policy. Matthews beat Conkling twenty-

eight to twenty-six last Monday on postponement, and thirty-five

to twenty-six last Friday on the same question. The decisive

vote will be taken tomorrow, Monday.

  February  4, 1879.-We  are successful.  The  New  York

nominations, Merritt and Burt, were confirmed against Arthur

and Cornell after five or six hours' debate by a vote of thirty-

three to twenty-four. Thirteen Republicans voted to confirm.

There were two or three others who were of the same mind, but

were controlled by promises. One or two would have voted with

us if their votes had been needed. I will now write to General

Merritt my views and wishes as to the conduct of his office.









520          RUTHERFORD BIRCHARD HAYES



  EXECUTIVE MANSION, WASHINGTON, D. C., February 4, 1879.

   DEAR GENERAL:--I congratulate you on your confirmation.

It is a great gratification to your friends, very honorable to you,

and will prove, I believe, of signal service to the country. My

desire is that your office shall be conducted on strictly business

principles, and according to the rules which were adopted on the

recommendation of the Civil Service Commission by the Ad-

ministration of General Grant.

  In making appointments and removals of subordinates, you

should be perfectly independent of mere influence. Neither my

recommendation, nor that of the Secretary of the Treasury, nor

the recommendation of any Member of Congress, or other in-

fluential person, should be specially regarded. Let appointments

and removals be made on business principles and by fixed rules.

There must be, I assume, a few places, the duties of which are

confidential, and which would be filled by those whom you per-

sonally know to be trustworthy; but restrict the area of patron-

age to the narrowest possible limits. Let no man be put out

merely because he is a friend of the late collector, and no man

be put in merely because he is our friend.

  I am glad you approve of the message sent to the Senate. I

wish you to see that all that is expressed in it and all that is im-

plied in it is faithfully carried out.

  With the assurance of my entire confidence, I remain,

                          Sincerely,

                                              R. B. HAYES.

  GENERAL E. A. MERRITT,

      COLLECTOR OF CUSTOMS, New York.



      EXECUTIVE MANSION, WASHINGTON, February 6, 1879.

  MY DEAR SIR:--I beg you to receive my sincere congratula-

tions on your confirmation.  My  desire is that the result may

prove advantageous to the country.  I have written General

Merritt that I wish the office conducted on business principles

and under sound civil service rules. You were on the commis-

sion under General Grant. I therefore request you to have a

conference with General Merritt and General Graham and agree

upon a body of rules for the government of your offices, based









             PRESIDENT - SECOND YEAR          521



on the rules reported by the commission, with such alterations

as you deem advisable.

                           Sincerely,

                                                R. B. HAYES.

  HONORABLE SILAS W. BURT.



      EXECUTIVE MANSION, WASHINGTON, February 6, 1879.

  MY DEAR GENERAL: - My hearty congratulations on the result

of Monday's work in the Senate. We must see that our pledges

are faithfully kept.  Let the offices be conducted on business

principles, and under fixed rules, and the public will be content.

Please confer with General Merritt and Mr. Burt and agree

upon a course of conduct.

                           Sincerely,

                                                R. B. HAYES.

  GENERAL C. K. GRAHAM.





  February 14, 1879.- There can be no complete and permanent

reform of the civil service until public opinion emancipates Con-

gressmen from all control and influence over government patron-

age.  Legislation is required to establish the reform. No proper

legislation is to be expected as long as Members of Congress

are engaged in procuring offices for their constituents.  It is not

for me to lay down rules for the personal conduct of Members

of Congress on this subject. I shall certainly give due weight

to information received from Congressmen whether it is volun-

teered or given on my request. The end the public are interested

in, is the independence of Congressmen of all responsibility for

appointments, and this depends largely on the people themselves.

  Let government appointments be wholly separated from con-

gressional influence and control except as provided in the Con-

stitution and all needed reforms of the service will speedily and

surely follow. Impressed with the vital importance of good ad-

ministration in all departments of government, I must do the

best I can unaided by public opinion, and opposed in and out of

Congress by a large part of the most powerful men in my party.

I have written a letter to General Merritt which taken with my









522          RUTHERFORD BIRCHARD HAYES



message embodies the leading principles on which I desire the

officers appointed by me to administer their offices. I will have

them printed together and send them to important offices, as

occasion seems to demand.

  February 20, 1879. - Both houses have passed a bill intended

to prevent Chinese from coming to this country in large num-

bers. I am satisfied the present Chinese labor invasion (it is not

in any proper sense immigration - women and children do not

come) is pernicious and should be discouraged. Our experience

in dealing with the weaker races - the negroes and Indians,

for example, - is  not encouraging.      We  shall oppress the

Chinamen, and their presence will make hoodlums or vagabonds

of their oppressors. I therefore would consider with favor suit-

able measures to discourage the Chinese from coming to our

shores.  But I suspect that this bill is inconsistent with our

treaty obligations. I must carefully examine it. If it violates

the National faith, I must decline to approve it.





Private.

      EXECUTIVE MANSION, WASHINGTON, February 21, 1879.

  MY DEAR SIR: - With no time for letter-writing, I say a few

words touching the subject of your note to Mrs. Hayes.

  Public men are so used to abuse and misrepresentation that a

level-headed man cares nothing for it. But it does touch me to

find that you, knowing me as you do, can for a moment be dis-

turbed even by such an article as the enclosed.  False certainly,

and malicious probably, the article is. One man [Heywood,

convicted of sending obscene matter in the mails,] was pardoned

after serving six or eight months on the decided recommendation

of the pardoning officers of the Bureau of Justice, on grounds

perfectly settled and unassailable, and which are considered

sufficient by every Christian man to whom I have named them,

including the best and most trusted men of the Methodist

Episcopal Church, clerical and lay. The man is a very dangerous

man, openly opposing religion and marriage. I do not discuss

his pardon publicly because I believe it my duty to suffer mis-









             PRESIDENT - SECOND YEAR          523



representation rather than give him the increased influence for

mischief which my advertisement would surely do.

  I have had almost eight years' experience in the use of the

pardoning power. I act upon rules as to leading cases which

are perfectly sound in the judgment of all well informed people.

In this case I was right. But to say so, as I might, with the

reasons for it, would do injury. Let it pass in silence, as one

of the mistakes, if you please, of the President.

                           Sincerely,

                                                R. B. HAYES.

  REV. DR. R. M. HATFIELD,

      Evanston, Illinois.



  February 23, 1879. - The Chinese Bill now likely to pass both

houses- has passed both but is waiting action of the House on

Senate amendments- attracts much attention. As I see it, our

treaty with China forbids me to give it my approval. The treaty

was of our seeking. It was proposed by our minister to China,

Mr. Burlingame. He became the Ambassador of China to this

country, and in Washington negotiated it with Mr. Seward. It

was first ratified by our Senate and sent to China for ratification

there. It was applauded by all parts of this country. The

Pacific Coast joined in this. It is now claimed that it has proved

unsatisfactory and pernicious, and the bill in question seeks to

prevent the mischiefs complained of by a measure which violates

its most important provisions. We have accepted the advantages

which the treaty gives us. Our traders, missionaries, and travel-

lers are domiciled in China. Important interests have grown up

under the treaty and rest upon faith in its observance.

  One of the parties to a treaty cannot rightfully by legislation

violate it.

  The whole subject was thoroughly understood when this treaty

was made. For twenty years the Chinamen had been coming.

Complaints were made. Laws passed to prevent it. We chose

to enter into the treaty. If we assume it to have been a mis-

taken policy, it was our policy. We urged it on China. Our

minister conducted it.









524          RUTHERFORD BIRCHARD HAYES



  In the maintenance of the national faith, it is in my judgment

a plain duty to withhold my approval from this bill. We should

deal with China in this matter precisely as we expect and wish

other nations to deal with us.

  All the protection which the treaty gives to Chinese subjects

who have come to America in the faith of that treaty would be

withdrawn. In like manner our citizens, who as missionaries

and in commercial pursuits are domiciled in China, would be

left without treaty protection.

  Under these articles the Chinese have the rights of the most

favored nation in this country.

  We stand for the sacred observance of treaties.

  We abrogate without notice, without negotiation, the vital

articles of a treaty of our own seeking, and, it may be truthfully

said, of our own making. No precedent for such action except

in cases which justify war.

  Grant that the results are unsatisfactory and pernicious. We

make no complaint to China before taking action.

  No change in facts has occurred since the treaty was made

ten years ago.  No new and sudden emergency has arisen.  The

same causes of complaint, the same facts, were then before

our eyes. Our countrymen on the Pacific Coast with great

unanimity and with the utmost earnestness desire a change in

our relations with China. They are entitled to have, and they

should have, our sympathy in this matter.  If we could put our-

selves in their places it is absolutely certain that we should

think and feel as they do.  We should at once devise appropriate

measures to give them assurance of relief.  This can be done

long before there is any material increase of their present diffi-

culties without any violation of the national faith, and without

any real or substantial departure from our traditional policy on

the subject of immigration.

  February 26, 1879.- Last evening we had a new sort of

gathering for the White House - an official entertainment to the

diplomatic corps.  Guests invited and refreshments.  The diffi-

cult point was to draw the line among officials and the exclusion

of all unofficial persons. It was solved as follows: We invited









             PRESIDENT - SECOND YEAR          525



all members now in Washington of this and the next Congress,

all Cabinet and United States judicial officers in the city, the

heads of bureaus, army officers of the rank of colonel and up-

wards, naval officers of the rank of captain and above, the

secretary of the Smithsonian, head of agricultural [and] print-

ing [bureaus], elected officers of House and Senate, all ex-

representatives to foreign powers, ex-Speaker Winthrop. The

only private citizen invited was Mr. Corcoran.

  Mr. Bancroft spoke warmly about it; said it was the finest

affair ever had in the White House. Many others talked in a

similar strain. It was no doubt a successful and enjoyable affair.

Lucy and I received and shook hands with the stream of people

about two hours as they were coming in; and after a few min-

utes' promenading, I with Mrs. McKinley, Lucy with Mr. George

Bancroft (the venerable historian), we again took our places

in the East Room fronting the main entrance and a little back

of the central chandelier, and again shook hands for an hour

with the departing guests.  We did not enter the dining-rooms

until after eleven when the affair was happily over.

  February 28.--Our party to the diplomatic corps was all

that could be desired.  One mistake was made.  We did not in-

clude among "officials" the reporters - the gentlemen of the

press. Strictly they are not officials. But their connection with

Congress is so intimate and important that they might properly

be included with the officers of Congress. Nothing sinister was

intended. It was not considered. But it has [caused] great

irritation, and accounts of the affair, corresponding with the feel-

ings of the writers, have been sent out.

  The exclusion of wine from the list of refreshments has turned

out exceedingly well. There is a good deal of dissipation here.

At the receptions of the British Minister, and at that of the

Mexican Minister, disgraceful things were done by young men

made reckless by too much wine. Hence the necessity for our

course is obvious, and is commended in unexpected quarters.

Many of the foreign gentlemen speak of it with approval. We

shall stick to it.

  The veto of the anti-Chinese bill is generally approved east









526          RUTHERFORD BIRCHARD HAYES



of the Rocky Mountains, and bitterly denounced west of the

mountains. I was burned in effigy in one town! No doubt a

population without women- without wives and mothers- that

can't assimilate with us, that underbids our laborers, must be

hateful. It should be made certain by proper methods that such

an invasion cannot permanently override our people. It cannot

safely be admitted into the bosom of our American society.

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