putting in Mr. Tilden. The Democrats disclaimed any such intention. The result of the investigation was an elaborate report from the Democratic majority of the committee, impugning the action of the returning boards in Louisiana and Florida as fraudulent, and a report from the Republican minority dissenting from the conclusions of the majority as unwarranted by the evidence, and alleging that the famous “cipher despatches” sent to the south by friends of Mr. Tilden showed “that the charges of corruption were but the slanders of foiled suborners of corruption.” The investigation led to no further action; the people generally acquiescing in the decision of the electoral commission, and the counting of the electoral vote by congress based thereon, as irreversible.
President Hayes was again obliged to resort to the employment of force by the outbreak of serious disturbances caused by bands of desperadoes in the territory of New Mexico, which amounted to organized resistance to the enforcement of the laws. He issued, on 7 Oct., 1878, a proclamation substantially putting the disturbed portion of New Mexico under martial law, and directing the U. S. military forces stationed there to restore and maintain peace and order.
In his message of 2 Dec., 1878, President Hayes found himself obliged to say that in Louisiana and South Carolina, and in some districts outside of those states, “the records of the recent [congressional] elections compelled the conclusion that the rights of the colored voters had been overridden, and their participation in the elections not been permitted to be either general or free.” He added that, while it would be for congress to examine into the validity of the claims of members to their seats, it became the duty of the executive and judicial departments of the government to inquire into and punish violations of the laws, and that every means in his power would be exerted to that end. At the same time he expressed his “absolute assurance that, while the country had not yet reached complete unity of feeling and confidence between the communities so lately and so seriously estranged, the tendencies were in that direction, and with increasing force.” He deprecated all interference by congress with existing financial legislation, with the confident expectation that the resumption of specie payments would be “successfully and easily maintained,” and would be “followed by a healthful and enduring revival of business prosperity.” On 1 Jan., 1879, the resumption act went into operation without any difficulty. No preparation had been made for that event until the beginning of the Hayes administration. The secretary of the treasury, in 1877, began to accumulate coin, and, notwithstanding the opposition it found, even among Republicans, this policy was firmly pursued by the administration until the coin reserve held against the legal-tender notes was sufficient to meet all probable demands. Thus the country was lifted out of the bog of an irredeemable paper currency. The operation was facilitated by increased exports and a general revival of business. Although his first nominee for the office of collector of customs in New York had been rejected by the senate, President Hayes made a second nomination for the same place, as well as for that of naval officer of the same port, and in a special message addressed to the senate on 31 Jan., 1879, he gave the following reasons for the suspension of the incumbents, Chester A. Arthur and Alonzo B. Cornell, who had failed to conform their conduct to the executive order of 22 June, 1877: “For a long period of time it [the New York custom-house] has been used to manage and control political affairs. The officers suspended by me are, and for several years have been, engaged in the active personal management of the party politics of the city and state of New York. The duties of the offices held by them have been regarded as of subordinate importance to their partisan work. Their offices have been conducted as part of the political machinery under their control. They have made the custom-house a centre of partisan political management.” [For the other side of this disputed question, see Arthur, Chester Alan, vol. i., pp. 100, 101.] For like reasons, President Hayes removed an influential party manager in the west, the postmaster of St. Louis. With the aid of Democratic votes in the senate, the new nominations were confirmed. President Hayes then addressed a letter to the new collector of customs at New York, Gen. Edwin A. Merritt, instructing him to conduct his office “on strictly business principles, and according to the rules which were adopted, on the recommendation of the civil-service commission, by the administration of Gen. Grant.” He added: “Neither my recommendation, nor that of the secretary of the treasury, nor the recommendation of any member of congress, or other influential person, should be specially regarded. Let appointments and removals be made on business principles, and by fixed rules.” Thus the system of competitive examinations, which under the preceding administration had been abandoned upon the failure of congress to make appropriations for the civil-service commission, was, by direction of President Hayes, restored in the custom-house of New York. A like system was introduced in the New York post-office under the postmaster, Thomas L. James.
Congress passed a bill “to restrict the immigration of Chinese to the United States,” requiring the president immediately to give notice to the government of China of the abrogation of certain articles of the treaty of 1858 between the United States and China, which recognized “the inherent and inalienable right of a man to change his home and allegiance,” and provided that “the citizens of the United States visiting or residing in China shall enjoy the same privileges, immunities, or exemptions, in respect to travel or residence, as may there be enjoyed by the citizens or subjects of the most favored nation,” and reciprocally that Chinese subjects should enjoy the same advantages in the United States. The bill further limited the number of Chinese passengers that might be brought to this country by any one vessel to fifteen. President Hayes, on 1 March, 1879, returned the bill to congress with his veto. While recognizing some of the difficulties created by the immigration of the Chinese as worthy of consideration, he objected to the bill mainly on the ground that it was inconsistent with existing treaty relations between the United States and China; that a treaty could be abrogated or modified by the treaty-making power, and not, under the constitution, by act of congress; and that “the abrogation of a treaty by one of the contracting parties is justifiable only upon reasons both of the highest justice and of the highest necessity”; and “to do this without notice, without fixing a day in advance when the act shall take effect, without affording an opportunity to China to be heard, and without the happening of any grave unforeseen emergency, would be regarded by the enlightened judgment of mankind as the denial of the obligation of the national faith.”
The 45th congress adjourned on 4 March, 1879, without making the usual and necessary appro-
