gunboat, fearing possible destruction British steamers. The landing of troops in the territory within the limit under my control will cause prolonged campaign. Instructions from the Department are requested. DIEHL.

Panama, November 10, 1903.

SECRETARY OF THE NAVY, Washington, D. C.:

Your telegram of the 9th of November to the Boston acknowledged. No interference British vessels yet. Report seems to be well founded that the steamship Bogota sailed from Buenaventura yesterday afternoon with 1,000 for Rio Dulce. Have sent Concord to patrol in that vicinity in order to prevent landing. Everything is quiet at Panama. GLASS.

SPECIAL MESSAGES.

WHITE HOUSE, Washington, November 20, 1903.

To the Senate and House of Representatives:

I transmit herewith a statement showing the receipts and disbursements of the Louisiana Purchase Exposition Company from date of incorporation to September 30, 1903, furnished by the Louisiana Purchase Exposition Commission in pursuance of section II of the "Act to provide for celebrating the one hundredth anniversary of the purchase of the Louisiana Territory," etc., approved March 3, 1901, together with a report submitted by the Exposition Company, showing progress made by the various departments of the exposition.

THEODORE ROOSEVELT.

WHITE HOUSE, Washington, November 27, 1903.

To the House of Representatives:

In response to a resolution of the House of Representatives of November 9, 1903, requesting the President "to communicate to the House, if not, in his judgment, incompatible with the interests of the public service, all correspondence and other official documents relating to the revolution on the Isthmus of Panama," I transmit herewith copies of additional papers on the subject, which have been received subsequent to the resolution referred to.

THEODORE ROOSEVELT.

WHITE HOUSE, December 4, 1903.

To the Senate and House of Representatives:

I transmit herewith for the information of the Congress the third

annual report of the governor of Porto Rico, covering the period from July 1, 1902, to June 30, 1903, with appendices.

THEODORE ROOSEVELT.

VETO MESSAGES.

WHITE HOUSE, February 5, 1903.

To the House of Representatives:

I return herewith, without approval, Senate bill 1115, entitled “An act providing for additional terms of court in the western judicial district of the State of South Carolina."

The Attorney-General reports that the establishment of the two additional places for holding court in the western judicial district of South Carolina at Spartanburg and Rockhill would be accompanied by considerable expense, which would be hardly justifiable, as the necessity is at least very doubtful.

In response to requests for their views on the subject, the judges of the circuit and district courts in this district also report that there is no necessity for and that the public business does not require such additional terms.

In view of these statements, I am constrained to withhold my approval of the bill.

THEODORE ROOSEVELT.

To the Senate:

WHITE HOUSE, February 11, 1903.

I return herewith Senate bill No. 4308, entitled "An act for the relief of Katie A. Nolan."

Executive approval of this bill is withheld for the reason that it appears to be a duplication of legislation. The deficiency act of July I, 1902, contained the following provision:

"To enable the Postmaster-General to pay Katie A. Nolan balance of salary due her as stamp clerk in the post-office at San Antonio, Tex., from July 1, 1889, to July 1, 1893, $800."

Under this provision of said act Katie A. Nolan, the beneficiary named in this bill, was paid $800 by the postmaster at San Antonio, Tex., by direction of the Postmaster-General, as shown by the records of the Post-Office Department.

THEODORE ROOSEVELT.

To the Senate:

WHITE HOUSE, February 21, 1903.

I return herewith, without approval, Senate bill 1115, entitled "An act for the relief of Francis S. Davidson, late first lieutenant, Ninth United States Cavalry."

The beneficiary of this bill was in the service for about nine years ending in December, 1875. He has not been in the service for the past twenty-seven years.

When in the service he appears to have been an insubordinate and unprofitable officer. He was at one time a cadet at the West Point Academy, and was discharged January 31, 1865, by reason of deficiency in study and conduct. The Academic board remarked of him at that time:

"This is the second deficiency of Cadet Davidson in conduct, and he having shown himself regardless of the leniency heretofore extended to him, the board recommends that he be discharged."

From June 9 to October 31, 1865, after the end of active hostilities of the civil war, he was a lieutenant of volunteers. He was appointed second lieutenant in the Regular Army March 7, 1867; promoted to be first lieutenant July 31, 1867.

On the 20th of June, 1868, he was tried by court-martial for "Neglect of duty, disobedience of orders, and conduct prejudicial to good order and military discipline," and acquitted. The finding of acquittal was disapproved by the reviewing authority, with the remark that the conduct of the accused "was not only irregular, but insubordinate and disrespectful to his commanding officer."

On the 4th of January, 1872, he was again tried by court-martial and found guilty of disobedience of orders and violation of the sixth article of war, and was suspended from rank and pay for one month and reprimanded in general orders.

On November 15, 1875, he was again tried by court-martial and found guilty of "conduct unbecoming an officer and a gentleman," consisting of breach of arrest and gambling with enlisted men. Upon this he was dismissed the service, from which he has remained separated for now more than twenty-seven years.

No act of special gallantry or conspicuous service marked the short period during which he was an officer of the Army. He is 56 years of age. This bill proposes to put him upon the retired list, where he would be supported for the remainder of his life at public expense without rendering any return. It does not appear that he is subject to any physical disability incurred in the line of duty or otherwise. The treatment thus proposed is denied by law to all the officers whose service has been continuous and faithful, for they are not entitled to

the benefits of the retired list until after forty years' service, or reaching the age of 64, or being physically disabled.

That an officer with this record should be rewarded is wholly without justification, and if that should be done it would involve a confusion between the treatment accorded to loyal and faithful service and that accorded to insubordination and unfaithful service, which could not fail to be most prejudicial to the morale and efficiency of the Army.

To the House of Representatives:

THEODORE ROOSEVELT.

WHITE HOUSE, February 25, 1903.

I return herewith, without approval, House bill No. 10095, entitled "An act for the relief of Levi L. Reed."

The beneficiary of this bill was enlisted July 24, 1861, at Reading, Pa., and was discharged from Battery H, Fifth United States Artillery, July 24, 1864, at Nashville, Tenn., by expiration of service, a sergeant. He re-enlisted July 26, 1864, for three years, in Troop H., Fifth United States Cavalry, deserted therefrom July 31, 1865, while a corporal, at Cumberland, Md., and never returned to his command. Through his attorney he was furnished a "deserter's release" on June 2, 1892, in view of the act of Congress, approved April 11, 1890, amending the one hundred and third article of war, so as to prescribe a limitation as to prosecution of the offense of desertion.

This action is regarded as releasing the soldier from service as well as protecting him from liability to apprehension and trial, so that, being no longer in the service, he can not be discharged therefrom. Finally, as he deserted from the military service while holding the rank of corporal, I do not regard him as deserving an honorable discharge. THEODORE ROOSEVELT.

To the House of Representatives:

WHITE HOUSE, March 3, 1903.

I return without approval House bill No. 9632, entitled "An act for the allowance of claims of certain citizens of Virginia for damages to their property incident to the encampment at Manassas and march from Camp Alger to Thoroughfare Gap, Virginia, as recommended by a board of officers appointed for the consideration of claims for damages to property by volunteer soldiers during the war with Spain," with a view to having it reconsidered and amended.

Attention is invited to the accompanying letter and statement of the Quartermaster-General of the Army.

THEODORE ROOSEVELT.

To the Senate:

WHITE HOUSE, Washington, D. C., March 3, 1903.

I return herewith without approval Senate bill No. 1168, entitled "An act to authorize the appointment of Edward L. Bailey as captain of infantry, United States Army, and to place him on the retired list."

The beneficiary of this bill was undoubtedly a gallant officer in the volunteer forces during the civil war, and the sentiments of gratitude awakened by the consideration of his services as a volunteer officer have created a strong desire on my part to concur in the action of the Senate and the House expressed in the bill for his restoration to the Army.

An examination of Captain Bailey's military record while in the Regular Army, however, makes it plain that this natural desire can not be gratified by the officers who are charged with the administration of military justice consistently with their duty to enforce the law in such a way as to maintain discipline and a high standard of morals and honorable conduct among the officers of the Army.

While a volunteer officer Captain Bailey was twice tried by courtmartial for disobedience of orders. Upon the first trial, in January, 1863, he was acquitted. Upon the second trial, in February, 1863, he was convicted and sentenced to forfeit two months' pay and emoluments and be reprimanded in General Orders.

On the 7th of March, 1867, he was appointed a second lieutenant of infantry, and he remained an officer of the Regular Army until the 15th of October, 1893. During that time he was five times tried by court-martial.

In September, 1871, he was tried and convicted of embezzlement and misappropriation of public moneys coming into his hands officially. The conviction was confirmed by the department commander who convened the court, but was disapproved by the President upon the ground that the money that was in his possession was lost by robbery, and his only wrongdoing was his failure to report the fact immediately. In January, 1873, he was tried and convicted of neglect of duty in failing to attend at guard mounting when officer of the day, and at roll call on numerous occasions, not being prevented by sickness or other evident necessity, and was sentenced to be reprimanded.

In July, 1874, he was tried for neglect of duty, for conduct unbecoming an officer and a gentleman in borrowing money from enlisted men and failing to repay it, notwithstanding their repeated and per