0* .-•• **.** w *r Territory from which such person owing service or la- bor may have escaped, with a certificate of such magis- FUGITIVE SLAVE LAW. 107 tracy, or other authority as aforesaid, with the seal of the proper Court or officer thereto attached, which seal shall he sufficient to establish the competency of the proof, and with proof, also by affidavit, of the identity of the person whose service or labor is claimed to be due as aforesaid, that the persou so arrested does in fact owe service or la- bor to the person or persons claiming him or her, in the State or Territory from which such fugitive may have es- caped as aforesaid, and that said person escaped, to make out and deliver to said claimant, his or her agent or attor- ney, a certificate setting forth the substantial facts as to the service or labor due from such fugitive to the claim- ant, and of his or her escape from the State or Territory in which such " service or labor was due to the State or Territory in which he or she was arrested, with authority to such claimant, or his or her agent or attorney, to use such reasonable force and restraint as may be necessary, under the circumstances of the case, to take and remove such fugitive person back to the State or Territory whence he or she may have escaped as aforesaid. In no trial or hearing under this Act shall the testimony of such alleged fugitive be admitted in evidence; and the certificates in this and the first [fourth] section mentioned shall be conclusive of the right of the person or persons in whose favor granted to remove such fugitive to the State or Territory from which he escaped, and shall prevent all molestation of such person or persons by any process issued by any Co.urt, Judge, Mag- istrate, or other person whomsoever. Sec. 7. That any person who shall knowingly and will- ingly obstruct, hinder, or prevent such claimant, his agent or attorney, or any person or persons lawfully assisting him, her, or them, from- arresting such a fugitive from service or labor, either with or without process as aforesaid, or shall rescue or attempt to rescue such fugitive from service or labor from the custody of such claimant, his or her agent or attorney, or other person or persons lawfully assisting as aforesaid, when so arrested pursuant to the authority herein given and declared, or shall aid, abet, or assist such person so owing service or labor as aforesaid, directly or indirectly to escane from such claimant, his agent or at- 108 FUGITIVE SLAVE LAW. torney, or other person or persons legally authorized as aforesaid ; or shall harbor or conceal such fugitive so as to prevent the discovery and arrest of such person, after no- tice or knowledge of the fact that such person was a fugi- tive from service or labor as aforesaid, shall, for either of said offenses, be subject to a fine not exceeding one thou- sand dollars, and imprisonment not exceeding six mouths, by indictment and conviction before the District Court of the United States for the district in which such offense may have been committed, or before the proper court of criminal jurisdiction, if committed within any one of the organized Territories of the United States, and shall more- over forfeit and pay, by way of civil damages to the party injured by such illegal conduct, the sum of one thousand dollars for each fugitive so lost as aforesaid, to be recov- ered as aforesaid, to be recovered by action of debt in any of the District or Territorial Courts aforesaid, within whose jurisdiction the said offense may have been committed. Sec. 8. That the marshals, their deputies, and the clerks of the said District and Territorial Courts, shall be paid for their services the like fees as may be allowed to them for similar services in other cases; and where such services are rendered exclusively in the arrest, custody, and delivery of the fugitive to the claimant, his or her agent or attorney, or where such supposed fugitive may be discharged out of custody for the want of sufficient proof as aforesaid, then such fees are to be paid in the whole by such claimant, his agent or attorney ; and in all cases where the proceedings are before a Commissioner, he shall be entitled to a fee of ten dollars in full for his services in each case, upon the delivery of the said certificate to the claimant, his or her agent or attorney; or a fee of five dollars in cases where the proof shall not, in the opinion of such Commissioner, warrant such certificate and delivery, inclusive of all serv- ices incident to such arrest and examination, to be paid in either case by the claimant, his or her agent or attorney. The person or persons authorized to execute the process to be issued by such Commissioner for the arrest and de- tention of fugitives from service or labor as aforesaid shall also be entitled to a fee of five dollars each for each per- FUGITIVE SLAVE LAW. 109 son he or they may arrest and take before any such Com- missioner, as aforesaid, at the instance and request of such claimant, with such other fees as may be deemed reason- able by such Commissioners for such other additional serv ices as may be necessarily performed by him or them, such as attending at the examination, keeping the fugitive in custody, providing him with food and lodging during his detention and until the final determination of such Com- missioner; and, in general, for performing such other du- ties as may be required by such claimant, his or her attor- ney or agent, or Commissioner in the premises. Such fees to be made up in conformity with the fees usually charged by the officers of the courts of justice within the proper district or county, as near as may be practicable, and paid by such claimants, their agents or attorneys, whether such supposed fugitives from service or labor be ordered to be delivered to such claimants by the final determination of such Commissioner or not. Sec. 9. That, upon affidavit made by the claimant of such fugitive, his agent or attorney, after such certificate has been issued, that he has reason to apprehend that such fugitive will be rescued by force from his or her posses- sion before he can be taken beyond the limits of the State in which the arrest is made, it shall be the duty of the officer making the arrest to retain such fugitive in his cus- tody, and to remove him to the State whence he fled, and there to deliver him to said claimant, his agent or attor- ney. And, to this end, the officer aforesaid is hereby au- thorized and required to employ so many persons as he may deem necessary to overcome such force, and to retain tliem in his service so long as circumstances may require. The said officer and his assistants, while so employed, to receive the same compensation and to be allowed the same expenses as are now allowed by law for transportation of criminals, to be certified by the Judge of the district within which the arrest is made, and paid out of the treasury of the United States. Sec. 10. That when any person held to service or la- bor in any State or Territory, or in the District of Colum- bia, shall escape therefrom, the party to whom such service 110 FUGITIVE SLAVE LAW. or labor may be due, his, her, or their agent or attorney, may apply to any court of record therein, or Judge thereof in vacation, and make satisfactory proof to such court, or Judge in vacation, of the escape aforesaid, and that the person escaping owed service or labor to such party. "Whereupon the court shall cause a record to be made of the matters so proved, and also a general descrip tion of the person so escaping, with such convenient cer- tainty as may be ; and a transcript of such record authen- ticated by the attestation of the clerk and of the seal of the said court, being produced in any other State, Territory, or District in which the person so escaping may be found, and, being exhibited to any Judge, Commissioner, or other officer authorized by the law of the United States to cause persons escaping from service or labor to be delivered up, shall be held and taken to be full and conclusive evidence of the fact of the escape, and that the service or labor of the person escaping is due to the party in such record mentioned. And upon the production, by the said party, of other and further evidence, if necessary, either oral or by affidavit, in addition to what is contained in the said record of the identity of the person escaping, he or she shall be delivered up to the claimant. And the said Court, Commissioner, Judge, or other person authorized by this Act to grant certificates to claimants of fugitives, shall, upon the production of the record and other evidences aforesaid, grant to such claimant a certificate of his right to take any fuch person identified and -proved to be owing service or labor as aforesaid, which shall authorize such claimant to seize or arrest and trausport such person to the State or Territory from which he escaped : Provided, That nothing herein contained shall be construed as requiring the production of a transcript of such record as evidence as aforesaid. But, in its absence, the claim shall be heard and determined upon other satisfactory proofs competent in law. Approved September 18, 1850. [The above law was repealed by the 38th Congress, 1864.] KANSAS AND NEBRASKA TERRITORIAL ACT OF 1854. An Act to Organize the Territories of Nebraska and Kansas. Be it enacted by the Senate and House of Representative* of the United States of America in Qmgress assembled, That all that part of the territory of the United States included within the following limits, except such portions thereof as are hereinafter expressly exempted from the operations of this Act, to wit: beginning at a point on the Missouri River where the fortieth parallel of north latitude crosses the same; thence west on said parallel to the east boundary of the Territory of Utah on the summit of the Rocky Mountains; theuce on said summit northward to the forty- ninth parallel of uorth latitude; thence east on said parallel to the western boundary of the Territory of Minnesota ; thence southward on said boundary to the Missouri River; thence down the main channel of said river to the place of beginning, be, and the same is hereby, created iuto a tem- porary government by the name of the Territory of Ne- braska ; and when admitted as a State or States, the said Territory, or any portion of the same, shall be received into the Union with or without slavery, as their Constitution may prescribe at the time of their admission : Provided, That nothing in this Act contained shall be construed to inhibit the Government of the United States from dividing said Territory into two or more Territories, in such manner aud at such times as Congress shall deem convenient and proper, or from attaching any portion of said Territory to any other State or Territory of the United States : Pro- vided, further, That nothing in this Act contained shall be construed to impair the rights of person or property now pertaining to the Indians in said Territory, so long as such rights shall remain unextinguished by treaty between the United States and such Indians, or to include any Territory which, by treaty with any Indian tribe, is not, without tho 111 112 KANSAS AND NEBRASKA ACT. consent of said tribe, to be included within the Territorial limits or jurisdiction of any State or Territory ; but all such Territory shall be excepted out of the boundaries, and constitute no part of the Territory of Nebraska, until said tribe shall signify their assent to the President of the United States to be included within the said Territory of Nebraska, or to affect the authority of the Government of the United States to make any regulations respecting such Indians, their lands, property or other rights, by treaty, law, or otherwise, which it would have been competent to the Government to make if this Act had never passed. Sec. 2. That the executive power and authority in and over said Territory of Nebraska shall be vested in a Gov- ernor, who shall hold his office for four years, and until his successor shall be appointed and qualified, unless sooner removed by the President of the United States. The Governor shall reside within said Territory, and shall be commander-in-chief of the militia thereof. He may grant pardons and respites for offenses against the laws of said Territory, and reprieves for offenses against the laws of the United States, until the decision of the President can be made known thereon ; he shall commission all officers who shall be appointed to office under the laws of the said Territory, and shall take care. that the laws be faithfully executed. Sec. 3. That there shall be a Secretary of said Terri- tory, who shall reside therein, and hold his office for five years, unless sooner removed by the Presideut of the United States; he shall record and preserve all the laws and pro- ceedings of the Legislative Assembly hereinafter consti- tuted, and all the acts and proceedings of the Governor in his executive department ; he shall transmit one copy of the laws and journals of the Legislative Assembly within thirty days after the end of each session, and one copy of the executive proceedings and official correspondence semi- annually, on the first days of January and July in each year, to the President of the United States, and two copies of the laws to the President of the Senate and to the Speaker of the House of Representatives, to be deposited iu the libraries of Congress ; and, iu caso of tho death, re- KANSAS AND NEBRASKA ACT. 113 moval, resignation, or absence of the Governor from the Territory, the Secretary shall be, and he is hereby duly authorized and required to execute and perform all the powers and duties of the Governor during such vacancy or absence, or until another Governor shall be duly appointed and qualified to "fill such vacancy. Sec. 4. That the legislative power and authority of said Territory shall be vested in the Governor and a Leg- islative Assembly. The Legislative Assembly shall consist of a Couucil and House of Representatives. The Couucil shall consist of tfiirteen members, having the qualifications of voters, as hereinafter prescribed, whose term of service shall continue two years. The House of Representatives shall, at its first session, consist of twenty-six members, possessing the same qualifications as prescribed for mem- bers of the Council, and whose term of service shall con- tinue one year. Tho number of Representatives may be increased by the Legislative Assembly, from time to time, in proportion to the increase of qualified voters : Provided, That the whole number shall never exceed thirty-nine; an apportionment shall be made as nearly equal as practicable, among the several counties or districts, for the election of the Council and Representatives, giving each section of the Territory representation in the ratio of its qualified voters as nearly as may be. And the members of the Council and of the House of Representatives shall reside in, and be in- habitants of, the district or county, or couuties, for which they may be elected respectively. Previous to the first election, the Governor shall cause a census or enumeration of the inhabitants and qualified voters of the several couu- ties and districts of the Territory, to be taken by such per- sons and in such mode as the Governor shall designate and appoint ; and the persons so appointed shall receive a rea- sonable compensation therefor. And the first election shall be held at such times and places, and be conducted in such manner, both as to the persons who shall superintend such election and the returns thereof, as the Governor shall ap- point and direct; and he shall at the same time declare the number of members of the Council and House of Repre- sentatives to which each of the counties or districts shall 10 114 KANSAS AND NEBRASKA ACT. be entitled under this Act. The persons having the highest number of legal votes in each of said Council districts for members of the Council, shall be declared by the. Governor to be duly elected to the Council ; and the persons having the highest number of legal votes for the House of Rep- resentatives, shall be declared by the Governor to be duly elected members of said House : Provided, That, in case two or more persons voted for shall have an equal num- ber of votes, and in case a vacancy shall otherwise occur in either branch of the Legislative Assembly, the Governor shall order a new election ; and the persons thus elected to the Legislative Assembly shall meet at such place and on such day as the Governor shall appoint; but thereafter, the time, place, and manner of holding and conducting all elec- tions by the people, and the apportioning the representa- tion in the several counties or districts to the Council and House of Representatives, according to the number of qual ified voters, shall be prescribed by law, as well as the day of the commencement of the regular sessions of the Legis- lative Assembly: Provided, That no session in any one year shall exceed the term of forty days, except the first session, which may continue sixty days. Sec. 5. That every free white male inhabitant, above the age of twenty-one years, who shall be an actual resi- dent of said Territory, and shall possess the qualifications hereinafter prescribed, shall be entitled to vote at the first election, and shall be eligible to any office within the said Territory ; but the qualifications of voters, and of holding office, at all subsequent elections, shall be such as shall be prescribed by the Legislative Assembly : Provided, That the right of suffrage and of holding office shall be exercised only by citizens of the United States and those who shall have declared on oath their intention to become such, and shall have taken an oath to support the Constitution of the United States and the provisions of this act: And pro- vided, farther, That no officer, soldier, seaman, or marine, or other person in the army or navy of the Uuited States, or attached to troops in the service of the United States, shall be allowed to vote or hold office in said Territory, by reason of being on service therein. KANSAS AND NEBRASKA ACT. 115 Sec. 6. That the legislative power of the Territory shall extend to all rightful subjects of legislation consistent with the Constitution of the United States and the pro- visions of this Act; but no law shall be passed interfering with the primary disposal of the soil; no tax shall be im- posed upon the property of the United States; nor shall the lands or other property of non-residents be taxed higher than the lands or other property of residents. Every bill which shall have passed the Council and House of Representatives of said Territory, shall, before it become a law, be presented to the Governor of the Territory ; if he approve, he shall sign it ; but if not, he shall return it, with his objections, to the House in which it originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such reconsidera- tion, two-thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be reconsidered, and if approved by two-thirds of that House, it shall become a law. But in all such cases the votes of both Houses shall be determined by yeas and nays, to be entered on the jour- nal of each House respectively: If any bill shall not be returned by the Governor within three days (Sundays ex- cepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the Assembly, by adjournment, prevent its return, in which case it shall not be a law. Sec. 7. That all township, district, and county officers, not herein otherwise provided for, shall be appointed or elected, as the case may be, in such manner as shall be pro- vided by the Governor and Legislative Assembly of the Territory of Nebraska. The Governor shall uominate, and, by awl with the advice and consent of the Legislative Coun- cil, appoint all officers not herein otherwise provided for; and in the first instance the Governor alone may appoint all said officers, who shall hold their offices until the end of tbe first session of the Legislative Assembly ; arid shall lay off the necessary districts for members of the Council and House of Representatives, and all other officers." Sec. 8. That no member of the Legislative Assembly 116 KANSAS AND NEBRASKA ACT. shall hold, or be appointed to any office which may have been created, or the salary or emoluments of which shall have been increased, while he was a member, during the term for which he was elected, and for one year after the expiration of such term; but this restriction shall not be applicable to members of the first Legislative Assembly ; and no person holding a commission or appointment under the United States, except postmasters, shall be a member of the Leg- islative Assembly, or shall hold any office under the gov- ernment of said Territory. Sec. 9. That the judicial power of said Territory shall be vested in a Supreme Court, District Courts, Probate Courts, and in Justices of the Peace. The Supreme Court shall consist of a Chief Justice and two Associate Jus- tices, any two of whom shall constitute a quorum, and who shall hold a term at the seat of government of said Territory annually, and they shall hold their offices during the period of four years, and until their successors shall be appointed and qualified. The said Territory shall be di- vided into three judicial districts, and a District Court shall be held iu each of said districts by one of the Justices of the Supreme Court, at such times and places as may be pre- scribed by law; and the said Judges shall, after their ap- pointments, respectively reside in the district which be as- signed them. The jurisdiction of the several courts herein provided for — both appellate and original — and that of the Probate Courts and of Justices of the Peace, shall be lim- ited by law: Provided, That Justices of the Peace shall not have jurisdiction of the matter in controversy when the title or boundaries of lands may be iu dispute, or where the .debt or sum claimed shall exceed one hundred dollars; and the said Supreme and District Courts, respectively, shall possess chancery as well as common law jurisdiction. • Each District Court, or the judge thereof, shall appoint its clerk, who shall also be the register in chancery, and shall keep his office at the place where the Court may be held. Writs of* error, bills of exception, and appeals, shall be allowed in all cases from the final decisions of said District Courts to the Supreme Court, under such regulations as may be prescribed by law; but in uo case removed to. the Supreme KANSAS AND NEBRASKA ACT. 117 Court shall trial by jury be allowed by said Court. The Supreme Court, or the Justices thereof, shall appoint its owu clerk, and every clerk shall hold his office at the pleas- ure of the Court for which he shall have been appointed. Writs of error and appeals from the final decision of said Supreme Court shall be allowed, and may be taken to the Supreme Court of the United States in the same mauuer and under the same regulations as from the Circuit Courts of the United States, where the value of the property, or the amount in controversy, to be ascertained by the oath or affirmation of either party, or other competent witness, shall exceed one thousand dollars ; except only that in all cases involving title to slaves, the said writs of error or appeals shall be allowed and decided by the said Supreme Court, without regard to the value of the matter, property, or title in controversy ; and except also that a writ of error or appeal shall also be allowed to the Supreme Court of the United States, from the decisions of the said Supreme Court cre- ated by this act, or of any judge thereof, or of the District Courts created by this Act, or of auy judge thereof, upon any writ of habeas corpus, involving the question of personal freedom: Provided, That uothiug herein contained shall be construed to apply to or affect provisions of the " Act re- specting fugitives from justice, and persons escaping from the service of their masters," (approved February 1!2, 1793,) and the " Act to amend and supplementary to the aforesaid Act," (approved September 18, 1850;) and each of the said District Courts shall have and exercise the same jurisdic- tion in all cases arising uuder the Constitution and laws of the United States as is vested in the Circuit and District Courts of the United States; and the said Supreme and District Courts of the said Territory, and the respective judges thereof, shall and may graut writs of habeas corpus in all cases in which the same are granted by the judges of the United States in the District of Columbia; and the first six days of every term of said courts, or so much thereof as shall be necessary, shall be appropriated to the trial of causes arising under the said Constitution and laws; and writs of error and appeal in all such cases shall be made to the Supreme Court of said Territory, the same as in other 118 KANSAS AND NEBRASKA ACT. cases. The said clerk shall receive, in all such cases, the same fees which the clerks of the District Courts of Utah Territory now receive for similar services. Sec. 10. That the provisions of an Act entitled "an Act respecting fugitives from justice, and persons escaping from the service of their masters," (approved February 12, 1793,) and the provisions of the Act entitled "an Act to amend, and supplementary to the aforesaid Act," (approved September 18, 1850,) be, and the same are hereby, declared to extend to and be in full force within the limits of said Territory of Nebraska. Seo. 11. That there shall be appointed an attorney for said Territory, who shall continue in office for four years, and until his successor shall be appointed and qualified, unless sooner removed by the President, and who shall re- ceive the same fees and salary as the attorney of the United States for the present Territory of Utah. There shall also be a marshal for the Territory appointed, who shall hold his office for four years, and until his successor shall be ap- pointed and qualified, unless sooner removed by the Presi- dent, and who shall execute all processes issuing from the said courts when exercising their jurisdiction as Circuit and District Courts of the United States; he shall perform the duties, be subject to the same regulations and penalties, and be entitled to the same fees as the marshal of the District Court of the United States for the present Territory of Utah, and shall, in addition, be paid two hundred dollars annually as a compensation for extra services. Sec. 12. That the Governor, Secretary, Chief Justice, and Associate Justices, Attorney, and Marshal, shall be nom- inated, and — by and with the advice and consent of the Sen- ate — appointed by the President of the United States. The Governor and Secretary, to be appointed as aforesaid, shall, before they-act as such, respectively take an oath or affirma- tion before the District Judge or some Justice of the Peace in the limits of said Territory, duly authorized to admiuister oaths and affirmations by the laws now in force therein, or before the Chief Justice or some Associate Justice of the Su- preme Court of the United States, to support the Constitution of the United States, and faithfully discharge the duties of KANSAS AND NEBRASKA ACT. 119 their respective offices, which said oaths, when so taken, shall be certified by the person by whom the same shall have been taken ; and such certificates shall be received and re- corded by the said Secretary among the executive proceed- ings ; and the Chief Justice, and Associate Justices, and all other civil officers iu said Territory, before they act as such, shall take a like oath or affirmation before the said Gov- ernor or Secretary, or some Judge or Justice of the Peace of the Territory, who may be duly commissioned and qual- ified, which said oath or affirmation shall be certified and transmitted by the person taking the same to the Secretary, to be by him recorded as aforesaid ; and afterward, the like oath or affirmation shall be taken, certified, and recorded in such manner and form as may be prescribed by law. The Governor shall receive an annual salary of two thou- sand five hundred dollars. Tbe Chief Justice and Associ- ate Justices shall receive an annual salary of two thousand dollars. The Secretary shall receive an annual salary of two thousand dollars. The said salaries shall be paid quar- ter-yearly, from the dates of the respective appointments, at the treasury of the United States; but no such payment shall be made until said officers shall have entered upon the duties of their respective appointments. The members of the Legislative Assembly shall be entitled to receive three dollars each per day during their attendance at the sessions thereof, and three dollars each for every twenty miles' travel in going to and returning from the said ses- sions, estimated according to the nearest usually traveled route; and an additional allowance of three dollars shall be paid to the presiding officer of each House for each day he shall so preside. And a chief clerk, one assistant clerk, a sergeant-at-arms, and door-keeper may be chosen for each House ; and the chief clerk shall receive four dollars per day, and the said other officers three dollars per day, during the session of the Legislative Assembly; but no other officer shall be paid by the United States : Provided, That there shall be but one session of the Legislature annually, unless, on an extraordinary occasion, the Governor shall think proper to call the Legislature together. There shall be ap- propriated, annually, the usual sum, to be expended by tho 120 KANSAS AND NEBItASKA ACT. Governor, to defray the contingent expenses of the Terri- tory, including the salary of a Clerk of the Executive De- partment; and there shall also he appropriated, annually, a sufficient sum, to be expended by the Secretary of the Territory, and upon an estimate to be made by the Secre- tary of the Treasury of the United States, to defray the expenses of the Legislative Assembly, the printing of the laws, and other incidental expenses; and the Governor and Secretary of the Territory shall, in the disbursement of all moueys intrusted to them, be governed solely by the_ in- structions of the Secretary of the Treasury of the United States, and shall, semi-annually, account to the said Secretary for the manner in which the aforesaid moueys shall have been expended; and uo expenditure shall be made by said Legislative Assembly for objects not specially authorized by the Acts of Congress making the appropriations, nor beyond the sums thus appropriated for such objects. Sec. 13. That the Legislative Assembly of the Territory of Nebraska shall hold its first session at such time and place in said Territory as the Governor thereof shall appoint and direct ; aud at said first session, or as soon thereafter as they shall deem expedient, the Governor and Legislative As- sembly shall proceed to locate and establish the seat of gov- ernment for said Territory at such place as they may deem eligible ; which place, however, shall thereafter be subject to be changed by the said Governor and Legislative Assembly. Sec. 14. That a delegate to the House of Representa- tives of the United States, to serve for the term of two years, who shall be a citizen of the United States, may be elected by the voters qualified to elect members of the Leg- islative Assembly, who shall be entitled to the same rights ami privileges as are exercised and enjoyed by the delegates from the several other Territories of the Uuited States to the said House of Representatives; but the delegate first elected shall hold his seat only duriug the term of the Con- gress to which he shall be elected. The first election shall be held at such time and places, and be conducted in such man- ner as the Governor shall appoint and direct; and at all sub- sequent elections the times, places, aud manner of holding the elcetious shall be prescribed by law. The person having KANSAS AND NEBRASKA ACT. 121 the greatest uumber of votes shall be declared by the Gov- ernor tfo be duly elected, and a certificate thereof shall be given accordingly. That the Constitution, and all the laws o\' the United States which are not locally inapplicable, shall have the same force and effect within the said Territory of Nebraska as elsewhere within the United States, except tho eighth section of the act preparatory to the admission of Missouri into the Union, (approved March 6, 1820,) which, being inconsistent with the principle of non-intervention by Congress with slavery in the States and Territories — as recognized by the legislation of 1850, commonly called the Compromise Measures — is hereby declared inoperative and void; it being the true intent and meaning of this act not to legislate slavery into any Territory or State, nor to exclude it therefrom, but to leave the people thereof perfectly free to form and regulate their domestic institutions in their own way, subject only to the Constitution of the United States: Provided, That nothing herein contained shall be construed to revive or put in force any law or regulation which may have existed prior to the act of March 6, 1820, either pro- tecting, establishing, prohibiting, or abolishing slavery. Sec. 15. That there shall hereafter be appropriated, as has been customary for the territorial governments, a suffi- cient amount, to be expended under the direction of the said Governor of the Territory of Nebraska, not exceeding the sums heretofore appropriated for similar objects, for the erection of suitable public buildings at the seat of govern- ment, and for the purchase of a library, to be kept at the seat of government, for the use of the Governor, Legislative Assembly, Judges of the Supreme Court, Secretary, Marshal, and Attorney of said Territory, and such other persons, and under such regulations, as shall be prescribed by law. Sec. 16. That when the lands in said Territory shall be surveyed under the direction of the Government of the United States, preparatory to bringing the same into mar- ket, sections numbered sixteen and thirty-six, in each town- ship in said Territory, shall be, and the same are hereby, reserved for the purpose of being applied to schools in said Territory, and in the States and Territories hereafter to be erected out of the same. 11 122 KANSAS AND NEBRASKA ACT. Sec. 17. That, until otherwise provided by law, the Gov- ernor of said Territory may defiue the judicial districts of said Territory, and assign the judges who may be appointed for said Territory to the several districts ; and also appoint the times and places for holding courts in the several coun- ties or subdivisions in each of said judicial districts by proc- lamation, to be issued by him; but the Legislative Assem- bly, at their first or any subsequent session, may organize, alter, or modify such judicial districts, and assign the judges, and alter the times and places of holding the courts, as to them shall seem proper and convenient. Sec. 18. That all officers to be appointed by the Pres ident, by and with the advice and consent of the Senate, for the Territory of Nebraska, who, by virtue of the provis- ions of any law now existing, or which may be enacted dur- ing the present Congress, are required to give security for moneys that may be intrusted with them for disbursement?, shall give security, at such time and place, and in such mau- uer as the Secretary of Treasury may prescribe. Sec. 19. That all that part of the territory of the United States included within the following limits, except such por- tions thereof as are hereinafter expressly exempted from the operations of this act, to wit: beginning at a point on the western boundary of the State of Missouri, where the thirty- seventh parallel of north latitude crosses the same ; thence west on said parallel to the eastern boundary of New Mexico ; thence north on said boundary to latitude thirty-eight; thence following said boundary westward to the east bound- ary of the Territory of Utah, on the summit of the Rocky Mountains ; thence northward ou said summit to the fortieth parallel of latitude ; thence east on said parallel to the west- ern boundary of the State of Missouri; thence south with the western boundary of said State to the place of begin- ning, be, and the same is hereby, created into a temporary government by the name of the Territory of Kansas ; and when admitted as a State or States, the said Territory, or any portion of the same, shall be received into the Union with or without slavery, as the Constitution may prescribe at the time of their admission : Provided, That nothing in this Act contained shall be construed to inhibit the Gov- KANSAS AND NEBRASKA ACT. 123 ernraent of the United States from dividing said Territory into two or more Territories, in such manner and at such times as Congress shall deem convenient and proper, or from attaching any portion of said Territory to any other State or Territory of the United States: Provided, further, That nothing in this Act contained shall be so construed as to impair the rights of persons or property now pertaining to the Indians in said Territory, so long as such rights shall remain unextinguished by treaty between the United States and such Indiaus, or to include any Territory which, by treaty with any Indian tribe, is not, without the consent of said tribe, to be included within the territorial limits or jurisdiction of any State or Territory; but all "such territory shall be excepted out of the boundaries, and constitute no part of the Territory of Kansas, until said triSe shall signify their assent to the President of the United States to be in- cluded within the said Territory of Kansas, or to affect the authority of the Government of the United States to make any regulation respecting such Indians, their lands, property, or other rights, by treaty, law, or otherwise, which it would have been competent to the government to make if this act had never passed. [With the single exception of the location of the seat of government for Kansas at Fort Leavenworth, provided for in section 31, the ensuing sixteen sections, relative to the organization and government of the Territory, are precisely similar to the sections already recited, providing for the gov eminent of Nebraska Territory. The final section of the act, which has a general reference to both Territories, is as follows :] Sec. 37. And be it further enacted, That all treaties, laws, and other engagements made by the Government of the United States with the Indian tribes inhabiting the Ter- ritories embraced within this act, shall be faithfully and rig- idly observed, notwithstanding any thing contained in this act ; and that the existing agencies and superintendencics of said Indians be continued, with the same powers and du- ties which are now prescribed by law, except that the Pres- ident of the United States may, at his discretion, change the location of the office of superintendent. HISTORY OF EACH OF THE STATES. VIRGINIA. " The Old Dominion," so distinguished as being the native State of the Father of American Liberty, and the "Mother of Presidents," really seemed at one time, to be peculiarly favorable to the birth and development of states- men. It has^i'urnished no less than five Presidents, among whom are Washington, Monroe, Madison, and Jeft'erson. It was the first .Colony, on the Continent, settled by the English. In 1607, a company formed under the patronage of James I, obtained a grant to make settlements in America, between the 34th and 38th degrees of north latitude. In May, 1607, a colony of one hundred and five persons, un- der direction of this company, arrived off the coast of South Virginia. Their intention had been to form a settlement on Roanoke, now in North Carolina ; but being driven north by a violent storm, they discovered and entered the mouth of Chesapeake Bay. Passing up this bay they named its capes — Henry and Charles — in honor of the king's two sons. They were commauded by Capt. Christopher New- port, an experienced and distinguished navigator. Passing up James River, they arrived at a peninsula, upon which they landed and established Jamestown. After promulgating a code of laws which had been formed by the Loudon company, Capt. Newport sailed for England, leaving the colouy under the care of Capt. John Smith, whose subsequent relations to the settlement became so im- portant, and without whose efforts the enterprise would doubt- less have proved a failure. The colonists seem to have been very poorly adapted to the labor required at their hands. Too many of them were gentlemen, and came, it appears, only to enrich themselves by gathering gold, which, they had heard, was very abundant. 12-t HISTORY OF THE STATES. 125 Through a series of difficulties, which it is rarely the lot of man to encouuter, this colony progressed ; the settlers awhile quarreling among themselves, and awhile contending against savages and famine, for bare existence, until the pe- riod of the Revolution, in which it was one of the first col- onies to take active part, furnishing to the young republic many of its most efficient military chieftains and statesmen. It ratified the Constitution June 26, 1788. After the Rev- olution its course was for many years one of great prosper- ity. But, unfortuuately, the year 1861 found the majority of its statesmen arrayed against the Government, on the side of secession, and on the 15th of April, 1861, she se- ceded from the Union. On the 17th of June, 1861, all the counties lying between the Alleghany Mountains and the Ohio River, were, by a convention held at Wheeling, declared independent of the old State government, and were organized into a new State, called West Virginia, which re- mains loyal. The capital of the old State was selected as the seat "of government of the so-called Confederate States of America. MASSACHUSETTS. Massachusetts was settled in the year 1620, by the Puri- tans. These people, having been severely persecuted in England, had previously taken refuge in Holland; but for various reasons they determined, after remaining in Holland a season, to emigrate to the New World. Unfortunately, they started at a very unpropitious season of the year, ar- riving at New England in the winter. The severity of the climate, their scarcity of food at times, operated seriously against their comfort and progress. It is said that they were frequently threatened with starvation. At one time the entire company had but one pint of Indian corn, which being divided equally among them, allowed to each person eight grains. But, unlike the early settlers of Virginia, they were all working men, and good economists. From the time of the landing at Plymouth, up to 1691, this first settlement was known as the Plymouth Colony. Mean- time, another settlement had been formed, styled the Mas- sachusetts Colony. Both were for some years under tho 126 HISTORY OP THE STATES. control of a London company. In 1691, Massachusetts and Plymouth Colonies were united, and thenceforward their his- tory is one. The people of Massachusetts were, during the early part of their colonial existence, sorely vexed, at times, by the Indians, especially by the Pequods. They, unfor- tunately, had imbibed, during their own persecutions, too much of the spirit of conscription, and, although them- selves refugees from religious bigotry, sullied much of their history prior to the Revolution by punishing what they called heresy in the Quakers aud Baptists. During 1774 and 1775, Massachusetts took a very prominent part in fa- vor of colonial rights, and was the first State to manifest the spirit of resentment toward Great Britain. Its history during the War for Independence is one of glory. It adopted the Constitution June 6, 1788. NEW HAMPSHIRE. This State was a part of Massachusetts up to *the year 1G80. It was, however, settled in 1624, the first settlement being formed at Dover by the English. In 1680, it was erected into a separate colony, aud its first legislative assem- bly met this year. John Mason was its first Governor. It suffered severely from Indian wars, aud its progress, during the first years of its existence, was slow. In 1742 it con- tained only six hundred persons liable to taxation. Its first Constitution was formed in 1683. It suffered from the effects of an insurrection in 1686, although prior and sub- sequent to this affair, it seems to have been one of the most peaceful and quiet of the colonies. It is distinguished for its excellent pastures, towering hills, and fine cattle. The White Mountains are the highest in New England. It took a prominent aud active part in the Revolution. It ratified the Constitution June 21, 1788, since which time it has been highly prosperous. Its present population is 326,073. Its course during the rebellion has been highly commend- able. MARYLAND. In 1632, Sir George Calvert (Lord Baltimore) visited HISTORY OP TIIE STATES. 127 America, explored a tract of country lying on the Chesa- peake Bay, belonging to what was then called South Vir- ginia, and returned to England to procure a grant for it. But before the patent was made out, he died, and it was given to his sou Cecil. The province was named by King Charles I, in the patent, in honor of his Queen, Henrietta Maria. A part of the province appears to have been in- cluded in the grant made some time afterward to William Penn, and to have caused much contention between the suc- cessors of Penn and Baltimore. In March, 1634, Leonard Calvert, the brother of Cecil, arrived at the mouth of the Potomac River, bringing with him two hundred emigrants, most of whom were Roman Catholic gentlemen. Leaving the vessel, he ascended in a pinnace as far as Piskataqua, an Indian village nearly op- posite Mount Vernon. The Indian Sachem gave him full liberty to settle there if he chose ; but not deeming it safe, he began a settlement lower down on a branch of the Po- tomac, at the Indian town of Yoacomoco. The settlement was called St. Mary's. Maryland made a very fortunate beginning. The colo- nists arrived in time to make a crop for that year. Their neighbors in Virginia supplied them with cattle, and pro- tected them in great part from the Indians, while their own kind and consistent course materially promoted their happy relations with the savages. The charter which had been granted them was very lib- eral — ceding to them the full power of legislation, without any interference on the part of the Crown. In 1635, they made laws for their government, which were somewhat modified in 1639. In 1650, they had an upper and lower legislative assembly, as had their Virginia neighbors. Ten or twelve years after its settlement, Maryland was disturbed by au insurrection, headed by one Clayborne; but this difficulty was soon settled. It played a conspicuous part in the Revolution, and adopted the Constitution April 28, 1788. Its progress has been fair, its preseut popula- tion being 687,049. Its geographical position and the mixed political character of its people caused it to assume a rather dubious attitude at the commencement of the re- 128 HISTORY OP THE STATES. bellion of 1SG1. Some of its best statesmen, however, were among the most uncompromising friends of the Union. NEW YORK. Captain Henry Hudson, the famous voyager, discovered what is now New York, together with a considerable ex- tent of territory contiguous to it, in the year 1G09. Al- though an Englishman by nativity, Hudson was at this time employed by the Dutch, (Hollanders) who, conse- quently, elaimed the territory. Meantime the English set up a claim to it, as being part of North Virginia. They also claimed it on account of Hudson being an English- man. The Dutch, however, determined to hold it, and in 1610 opened a trade with the natives at Manhattan Island, on the spot where the city of New York now stands. They erected a fort on or near the site of Albany, named the country in geueral, New Netherlands, and the station at Manhattan, New Amsterdam. The Dutch retained the country until the year 1664. It seems that, up to this time, they claimed not only the present territory of New York, but also that of Connecti- cut and New Jersey. The liberal governments of the sur- rounding colonies stood in great contrast with the despotic oue imposed by the Dutch Government upon their Ameri- can colonists. And when, in 1664, the English squadron dis- patched by James, Duke of York, with instructions to take possession of the province of New Netherlands, appeared before New Amsterdam, the inhabitants were williug to ca- pitulate without resistance. Peter, Stuyvesant, their Gov- ernor, and an able executive, made vain efforts to rouse them to defense, and was forced to surrender. The Eng- lish Government was now acknowledged over the whole of New Netherlands, the capital receiving the name of New York, as well as the province. From this t ; *ne forward to the Revolutionary War, New York remained in the hauds of the English, and was uuder the control of a very arbi- trary succession of Governors. The progress of the colony was steady, in numbers, wealth, and civilization. It took an active part iu the Revolution, and adopted its Consti- HISTORY OF THE STATES. 129 tution July 26, 1788. After this it outstripped every other State in the Union in everything pertaining to wealth and greatness, save education, in which matter no State can compare with Massachusetts. At the commencement of the great Rebellion, this noble State showed herself truly worthy to be ranked as the Empire State. She has fur- nished the Government more money than any other State. Her population is 3,880,735. CONNECTICUT. In the year 1633, the Puritans of Massachusetts, having heard very flattering reports of the valley of Connecticut, resolved to make an effort to settle it. Accordingly, a com- pany of them sailed for the Connecticut River, taking with them the frame of a house. Meantime the Dutch, claim- ing the territory as theirs, built a fort on the river where Hartford now stands, to prevent the emigrants from pass- ing up. The Yankees, however, with that steady persever- ance which has always marked their course, proceeded on their way, paying no attention to the Dutch fort, whose only demonstration was an unexecuted threat to fire on the emigrants if they passed it. Landing where Farming-ton River enters the Connecticut, they founded the town of Windsor. Other settlements were subsequently formed at Westerfield, Hartford, and Watertown. The first general court was held at Hartford, in the year 1636. The prov- ince suffered severely from the depredations of the Pequod Indians, with which tribe a great and decisive battle was ultimately fought on the river Mystic, in the year Ki36.* During this year the towns of Windsor, Hartford, and Wethersfield, met in convention and formed a Government, electing John Haynes the first Governor of the colony. Its course from this period forward was one of great prosperity. It stood in the front rank during the war for Independence, and in no case was ever known to flinch from duty. It ratified the Constitution June 9, 1788. Its present population is 460,147. * This battle resulted in the destruction of the Pequod tribe. 130 IJ18TOIIY OP THE STATES. At the commencement of the Rebellion, in 1801, its voice was for the Union and the Government of the Fathers, lta aid in behalf of freedom has been earnest and efficient. RHODE ISLAND. In June, 1030, linger Williams, an earnest, enthusiastic advocate of religious liberty in the broadest sense, having been banished by the Puritans of Massachusetts from that colony, went to what is now known as Ilhjde Island, pui- ehased the present site of Providence of the Narragansett Indians, and founded a colony, of which he was at once pas- tor, teacher, and father. He donated land to any whom he thought worthy, and Providence Plantation, as it was long called, became an asylum for persecuted Christians of all denominations, especially the Baptists. The first settle- ment in Rhode Island proper, was formed by William Codington, in the year 1030. Up to 10-10, the citizens of Rhode Island made their own laws in general convention. But, in 1644, Roger Williams, with the aid of Gov. Vane, of Massachusetts, procured a charter for two settlements, under the name of Rhode Island and Providence Planta- tions. The Constitution framed under this charter was a good one ; and lasted until the year 1818. For many years the legislative assembly of this colony met twice a year. Rhode Island is distinguished as the smallest State in the Union. It did noble service in the war for Independence, but did not, for some reason, adopt the Constitution till the 29th of May, 1790. It has been a highly prosperous State ; is distinguished for its good schools and large man- ufactories. At the breaking out of the Rebellion in 1801, it stepped nobly forward in defense of the Government, sending its own (Jovernor to Washington at the head of a regiment of volunteers. Its population is 174,020. NEW JERSEY, At first, formed a part of the Dutch province of Now Neth- erlands. But soou after the latter came into the hands of i . . . . . - ■ • - - - ■ ■ ' . ' -' : - : .:_.-.* - . _ . ■ . - . . . Lb 17 - proprietors - ■ • ■ :.:_., -ir '.'.l-:.-.--. l I. .•:_'.-' 1: 1"-" 'J .-^ :_:--. *- ---,- ,-.: ' • -,- • .■ " ' _.~. ■ .':_■_.-._• :- _••■:-. I ., - ■ . • -. . . . :: i: i- ::*.;-.- .'. . i : ; - • - - - ;.•■■..■'..• : dl: 132 HISTORY OF THE STATES. ments from this time until they preempted all the territory from Cape Heulopen to the falls of the Delaware. At this time the colony was called New Sweden. In 1651, Gov- ernor Stuyvesant, to check the aggressive movements of the Swedes, built a fort near the present site of New Castle, of which the Swedes afterward obtained possession by strat- agem. Enraged at this movement, the Government of Holland ordored Stuyvesant to reduce the Swedes to sub- mission, which he speedily accomplished with six hundred men, in 1655. The province was soon after annexed to New Netherlands. Delaware was, after it fell into the hands of the English, included in the graut made to William Penn, in 1692. It remained attached to Pennsylvania till 1691, when it was allowed a separate government. It was re- united to Pennsylvania in 1692. In 1703, it was again sep- arated, having its own legislature, though the same Gov- ernor presided over both colonies. The ancient forms of the government were preserved through the revolutionary struggle. It ratified the Constitution December 7, 1787. Its position, at the commencement of the rebellion of 1861, was somewhat dubious. It being a northerly slave State, was somewhat divided as to where its interests lay. It, however, finally came out somewhat decidedly for the Union, although its entire strength has not been exerted against the rebellion. Its population is 112,216. THE CAROLINAS. In the year 1563, the coast of Carolina was explored, and named after Charles IX, of France. The first attempt to settle it was made by the celebrated and accomplished Sir Walter Raleigh, in 1585, twenty-two years before the set- tlement of Jamestown, and thirty-five years before the Puri- tans landed at Plymouth. This effort failed, on account of the incapacity of the Governor appointed by Raleigh, and the ill-behavior of the colonists toward the natives. The first successful attempt was made sometime between 1640 and 1650, under the direction of Governor Berkley. The settlement was made in Albemarle County, by a few Virginia planters. In 1663, a large tract of land, lying HISTORY OF THE STATES. 133 between the 30th and 36th degrees of north Latitude, hav- ing the Atlantic Ocean for its eastern boundary, was con- veyed by Charles II, to Lord Clarendon and associates, un- der whose auspices a settlement was made near the mouth of Cape Fear River, in the year 1665, by emigrants from Barbadoes. Sir James Yeomans was appointed Governor. A settlement was made at Port Royal, South Carolina, in 1670 ; and in 1671, a few persons located at what was then called Old Charleston, which place was abandoned in 1680, and the foundation of the present city of Charleston laid, several miles nearer the sea. All the various settlements here mentioned went under the general name of Carolina, until 1571, when a division was made, and the northern and southern portions were called by their distinctive names, North and South Carolina. These States were the scenes of many revolutionary trag- edies. South Carolina, in particular, although the home of Sumter, and Marion, and Rutledge, was replete with tories, (royalists) who spared no efforts to annoy the infant Repub- lic, and play into the hands of the British Government. South Carolina ratified the Constitution May 23, 1788, but threatened to break the compact in 1832, and was only pre- vented by the stern will of President Jackson. After this the State did nothing worthy of note until December 20, 1860, when it seceded from the Union, taking the lead in the great Rebellion. Present population 703,708. North Carolina ratified the Constitution November 21, 17S9, and seceded from the Union May 21, 1861. Popu- lation 992,622. PENNSYLVANIA. The Old Keystone State, and one of the most wealthy and prosperous in the Union, was settled by the Quakers, under the direction of Win. Penn, at Philadelphia, in the year 1682. The founder of this colouy showed himself a phil- osopher, a philanthropist, a thorough political economist, at the very commencement of his labors. He put the province under the goverumeut of a Council of Three and a House of Delegates, chosen by the freei'iou, who, according to his ar- 134 DISTORT OF THE STATE8. rangernent, were all those who acknowledged the existence of one God. He pursued such a course with the natives as won their confidence and esteem. No Quaker was ever mur- dered by an Indian ; and to this day the " sons of Wm. Penn" are every-where respected by the savage. The treaty Peun made with the Indians was never violated. In fram- ing the colonial government, he provided for the largest religious liberty, allowing every one to worship according to the dictates of his own conscience. Up to 1684, Delaware, as before mentioned, was included in Penn's grant. But about this time he procured a new charter, more strictly defining the rights and limits of Pennsylvania, and Delaware was de- tached. For seventy years prosperity smiled upon this col- ony, during much of which time Penn was, according to the historian, its governor, magistrate, preacher and teacher. It was troubled with no Indian wars till 1754, when Penn's example and teachings began to be forgotten. The popula- tion, owing to a considerable influx from Sweden, Germany, and some other countries, began, at a later date, to assume a more varied aspect ; and when the colouies rebelled against the mother country, Pennsylvania contained suf- ficient " fighting" material to lend valuable assistance to the cause of liberty. She adopted the Constitution December 12th, 1787, since which time her increase in wealth, and advancement in .gen- eral improvement has been almost without a parallel. Her vast coal fields aud rich iron mines constitute a source of eternal wealth. Upon the breaking out of the rebellion of 1861, her positiou in favor of the Union was well defined. Her population is 2,906,115. GEORGIA. General James Oglethorpe, and a company of twenty-one others, received, in the year 1732, from George II, of Eng- land, a grant for all the land between the Savannah and the Altamaha Rivers. In January, 1733, a company of one hundred and fourteen men, women, and children, arrived at Charleston, S. C, destined for Georgia. They were kindly treated by the Charlestonians, and were greatly assisted by HISTORY OF THE STATES. 135 them in their labor of forming a colony. The first laws made for the province by the twenty-two grantees, prohib- ited the importation of rum, trade with the Indians, and the use of negroes. They also provided that lands should go back to the original owners in case the purchaser had no male heirs. Although the first, second, and third of these provisions were undoubtedly wholesome, the fourth was highly objectionable, and tended very much to retard the progress of the colony. In the year 17-10, General Ogle- thorpe, as commander-in-chief of the forces in Georgia, at the head of two thousand men, invaded Florida with the intention of forcibly annexing it to Georgia ; but he was soon repelled from the the territory, and returned home bootless. The Spanish, in turn, with two sail of vessels and three thousand men, invaded Georgia in 1742, and were likewise forced to return home tbwarted. The progress of this colony was for many years very slow ; the people man- ifesting that indolence and indifference which is still too prom- inent a characteristic of Georgians. It was mainly on the side of freedom during the revolution. It ratified the Constitution January 9th, 1788. Since the Revolution, the State has manifested but little life as com- pared with its sisters, and its secession from the Union, May 19th, 1861, was followed by speedy ruin. VERMONT. The territory of which this State is composed began to be settled in the year 1731, but was for some years consid- ered as a part of New Hampshire. It was also claimed at one time by New York, and a contest arose between that State and New Hampshire, which was adjusted by the King of England in a manner by no means satisfactory to the set- tlers. The result was a quarrel between Vermont and the Crown, in which the Green Mountain Boys, led by Col. Ethan Allen, resisted the officers of justice, as well as the New York militia, who were called out to sustain them. The province appears not to have had even a territorial government until 1777, at which time a convention of del- egates met at Westminster, and declared themselves an in- 136 HISTORY OF THE STATES. dependent State, under the name of New Connecticut. Pre- vious to this time, however, they had rendered material aid to the Revolution. In May, 1755, Col. Allen, at the head of two hundred and seveuty men, reduced Fort Ticonderoga and Crown Point, and thus became complete masters of Lake Champlain. During the whole period of the Revolu- tion the State did good service in the cause of liberty, al- though it remained independent. Some time subsequent to its declaration of independence its name was changed to Vermont. As it was not one of the original States, it did not ratify the Constitution, but, upon application, was ad- mitted to the Union during the second session of Congress, in the year 1791. It has been a highly prosperous State, and added much to the luster of the Union in its palmy days of peace. It fully sustained its Revolutionary reputation at the commencement of the Rebellion of 1861. Its popula- tion is 315,098. KENTUCKY Was settled, in the year 1775, by Daniel Boone and a num- ber of associates from North Carolina. The trials and ad- ventures of these hardy pioneers, and especially those of Boone, constitute one of the most romantic leaves in the history of the West. For over two years, previous to 1775, Boone was busily employed in surveying Kentucky, build- ing roads and forts. One of the latter he erected at Boons- borough ; to which place he removed his family, in 1775. Boone said that his wife and daughter were the first white women who ever stood on the banks of the Kentucky River. For a number of years after Boone's settlement, he and his associates experienced many diificulties with the natives — Boone's daughter being at one time captured by the Indi- ans, though shortly afterward rescued by her father. But, notwithstanding the difficulties with .the savages, the young territory grew rapidly in population and wealth, and on June 1st, 1792, was admitted to the Union. Having a fertile soil, and affording excellent pasturage, she has far outstripped most of her slave-holding sisters in general improvement. Her position for some time after the commencement of the Rebellion was by a. > inoana promotive of her prosperity. HISTORY OP TIIE STATES. 137 Owing to her attempt to observe strict neutrality, she be- came the scene of many guerrilla outrages, and has suffered, perhaps, more than any other State during the struggle. Her population is 1,115,68-4. TENNESSEE. Was, for some time, a part of North Carolina. It was made a territorial government in the year 1790, and was admitted into the Union in 1796. The first permanent white inhab- itants of Tennessee went there, in the year 1775, and built Fort Louden, now in Blount County. They were, in 1760, attacked by the savages, and two hundred persons mere mas- sacred. But, in 1767, the natives were reduced to submis- sion by Colonel Grant, and a treaty was made with them, which encouraged emigration. Settlements were formed on Holston River in 1765, which, although frequently attacked by the Indians, made very fair progress. Colonel John Se- vier, with the Tennessee militia and a few Virgiuia soldiers, gained a decisive victory over the savages, and, from this time forward, though more or less harassed by the Indians, the progress of the State, in population and improvement, was rapid. North Carolina gave up the Territory in 1789, and, in 1790, Cougress recognized it as a separate province. It has great extent of territory, and, up to 1861, was con- sidered as among the greatest of the agricultural States. At this time, however, it was seduced by the voice of the siren, Secession, and on the 24th of June, 1861, formally seceded from the Union. It should be stated, however, in justice to the State, that the eastern portion of it was generally loyal, and was only dragged out of the Union by force. It has, si.uce the Rebellion, been readmitted into the Union. OHIO. Ohio was admitted to the Union on the 29th of Novem- ber, 1802, the State containing, at the time, 72,000 inhab- itants — 2,000 more than was required in order to its admis- sion. It was settled in the spring of 1788, oue year after 12 138 IIISTORY OP TIIE STATES. it, with a vast additional extent of North-western territory, had been ceded, by Virginia, to the United States. The year 1788 was a famous year for emigration. It wit- nessed the passage of no less than 20,000 persons down the Ohio River. The company which settled Ohio consisted of forty persons, under General Rufus Putnam. They built a stockade fort at Marietta, of sufficient strength to resist the attacks of the natives, cleared several acres of ground, and plauted a crop. They were joined by twenty additional families in the autumn. Both these companies were New England people. For a number of years they were not troubled by the savages, nor did any of their number trouble the Indians, except in one or two instances. The earliest settlers of Cincinnati arrived there, about twenty in number in 1790. Until the year 1795. the attempts made to settle most parts of Ohio were attended with great difficulties, on account of Indiau wars. Marietta, however, formed an exception to this rule. After the great victory which General Wayne achieved over the savages during Washington's administra- tion, the population increased rapidly. Unembarrassed by any centralizing or aristocratic institutions, possessed of the finest natural resources, and vitalized by an enterprising pop- ulation, Ohio, after its admission into the Union, made an advancement of which any State might well be proud. In population it is the third State in the Union, numbering 2,390,502. At the breaking out of the Rebellion, Ohio took its po- sition staunchly for the Union, and has doue much during the war for the restoration of the authority of the Govern- ment over the seceded States. LOUISIANA. Was ceded by Spain to France in the year 1802, and was bought by the United States of the latter power, in 1803, at a cost of $15,000,000. Governor Clayborne took posses- sion of it the same year. It was settled by the French, at Iberville, in 1699, and was admitted into the Union April 8th, 1812. It is an important State, in that it holds the HISTORY OF THE STATES. 139 keys of entrance to the mouth of the Mississippi. In the year 1860, nearly one-half of its population was slave. It seceded from the Union on the 20th of January, 1861. Its population in 1860 was 708,002. It has been a very for- ward State in the great Rebellion. INDIANA. About the year 1690, a French settlement, the first in Indiana, was made at Vincennes, that place being within the territory claimed, at that time, by the French, upon pri- ority of discovery by La Salle. Indiana was long the resi- dence of various Indian tribes, and the theater of Indian wars. By the terms of the treaty of the peace of 1763, it, with the rest of the North-western Territory, was ceded to Great Britain. It was still claimed by the Indians, but, by various treaties, extensive tracts were obtained for settlement. The Indians, however, retained possession of many parts of the State up to the year 1812, and to that portion known as the Indian Reserve, even later. It was erected into a Ter- ritory in 1809, and on the 11th of December, 1816, was ad- mitted into the Union. Its population — 1,350.428, in the year 1860 — is an indication of its progress. In the matter of education, Indiana is somewhat behind some of her West- ern sisters, but her efforts in behalf of the Government dur- ing the great Rebellion shall halo her future with glory. MISSISSIPPI. The territory comprising the present States of Mississippi and- Alabama having been divided, that portion lying next the river was, in 1817, admitted into the Union as a State, under the name Mississippi, while the eastern portion was organized as a Territory, and named Alabama. The whole of this territorry was explored, first by Ferdinand De Soto, and afterward by La Salle. It suffered greatly during the wars of the Natchez Indians. The Choctaws, for a long time, retained possession of the northern portion of it, and were, to some extent, civilized. Mississippi was settled by 140 HISTORY OF THE STATES. the French, in 1716, at Natchez. Its population — 791,305 — shows fair progress. On the 9th of January, 1861, it went the way of the seceding States, since which time, its course, like theirs, has been downward. ILLINOIS. This most thriving and prosperous State came into the Union on the 3d of December, 1818. Until 1809 it was a part of Indiana, at which time it became a separate terri- tory, and so remained till received into the Union. This State has been little disturbed by civil divisions or by In- dian wars. Its most serious troubles arose from the ap- pearance, within its borders, of the Mormons, in 1838, and from attempts made to curb their irregularities. This sin- gular people, believing themselves to be ill-treated, assembled to the number of 700, under their leaders, in a remote part of the State, and proposed fighting for their rights. But a body of three hundred troops marched against and captured them. The whole sect was ultimately reduced to submis- sion, and banished the State. It was explored by La Salle, and settled by the French at Kaskaskia,* in 1720. Its growth has been immense. Its population, in 186,0, was 1,711,951. Its history has been oue of the most glorious of the loyal States during the great Rebellion. ALABAMA Was admitted to the Union on the 14th of December, 1819. It has a deep, rich soil, and in many places a healthful cli- mate. It remained till the Revolution a mere hunting- ground of the savages. From the peace of 1783 to 1802 it was claimed by Georgia, and lands were sold to settlers and speculators accordingly. In the year 1802, Georgia ceded all her western territory to the United States for §1,250,000. In 1800, the present State of Alabama be- came a part of Mississippi Territory, from which it was *Ka.skaskia, the first capital of Illinois, is located on Kaskaskia River, and is the present site of Vandalia. HIS10RY OF THE STATES. Ul separated when Mississippi became a State. It was set- tled, in 1711, at Mobile, by the French, being a part of the territory explored by La Salle in his Mississippi tour. It formally seceded from the Union, January 11, 1861. MAINE. In the year 1638, the same year in which New Haven was settled, Ferdinand Gorges procured a charter of the King of England for all the lands from the borders of New Hampshire, on the south-west, to Sagadahoc, on the Kennebeck River, on the north-east, under the name of the Province of Maine. It remained a separate province till 1652, when it became a part of Massachusetts. Vari- ous attempts were made, between 1785 and 1802 to form it into an independent State; but these efforts failed. In 1819 a large majority of the people were in favor of sep- arating from Massachusetts. A convention was called, a Constitution nrepared and adopted, and, in 1820, Maine was received into the Union. It is, by no means, an agri- cultural State, but its extensive fisheries and great lumber trade have greatly enriched it, and its progress in morality has, perhaps, been superior to that of any other State. It is the only State in the Union that has an efficient pro- hibitory liquor law. It proved itself true to the Govern- ment in 1861, and there is no danger of its ever ceasing to be so. It was settled in 1625, at Bristol, by the English. Its population is 628,279. . • MISSOURI. This great, though crippled, State was admitted into the Union on the 10th of August, 1821. It, with all the ter- ritory then belonging to the United States, west of the Mississippi, was included iu the purchase of Louisiana, made in 1803. Louisiana afterward was divided into Or- leans Territory, Louisiana proper, and Missouri Territory. In 1819, Missouri Territory was divided into Arkansas, on the south, aud Missouri on the north; and it was about this time that the latter took the requisite steps toward framing 142 HISTORY OP THE STATES. a State Constitution. It will be remembered tbat tbis is tbe State, tbe discussion of the propriety of the admission of which raised such a storm in Congress in 1820. Being a border slave State, it was nearly equally divided on the question of secession in 1861, and thus, like Ken- tucky, has been overrun by both Southern and Northern troops during the Rebellion, and has been the scene of much bloodshed and ruin. It was settled in 1764, at St. Louis, by the French. Its population is 1,182,012. FLORIDA. The Peninsular States, discovered and explored by Ponce de Leon, a voyager with Columbus, and whose name was suggested to the discoverer by the abundance and beauty of its wild flora, wag, from 1512 to 1819, with the excep- tion of the interval between 1763 and 1783, a province of Spain. The first attempt to settle it was made in the year 1565, at St. Augustine, which is said to be the oldest town in America, by the Spaniards. This effort was attended with many difficulties, the colonists contending, for tbe first few years, alternately with the horrors of savage warfare and famine, at times being forced to subsist on roots and acorns. In 1819 it was transferred to the United States by treaty, which treaty was, after much delay, ratified by Spain, and with still more delay by the United States. Possession of the colony was granted the Government in July, 1821. The territory contained, in 1840, a popula- tion of 54,477, and on the 3d of March, 1845, became a State, and was received into the Union. Florida was the theater of the Seminole war, which cost the United States so much blood and treasure. It went the way of the se- ceding States, January 7th, 1861. Florida, like the In- dian's gun, has " cost more than she has come to." Her population in 1860, was 140,425. ARKANSAS. This State lies South of Missouri, and was once attached to it. It has a fine climate and prolific soil. The first set- HISTORY OF THE STATES. 143 tlement of whites within its limits was made at Arkansas Post, in the year 1685. The earlier inhabitants were French. Its progress, for many years, was very slow. It was not till about the year 1829 that the tide of emigra- tion began to flow from the Atlantic States in that direc- tion. Little Rock, the early seat of government and the present capital, was laid out in the year 1820, during which year the first steamboat ascended the Arkansas River. The boat was eight days in going from New Orleans to the vil- lage of Arkansas — a distance of scarcely one hundred miles above the mouth of the Arkansas River. The State once contained the remnants of several powerful tribes of In- dians. By a treaty made between the Cherokees and the United States, the former agreed to give up all their lands east of the Mississippi River, and to retire to a region guar- anteed to them in the present State of Arkansas. The State was admitted into the Union on the 15th of June, 1836. It seceded May 6th, 1861, and has since been the retreat of guerrillas, aud the scene of some sanguinary battles. MICHIGAN. Was admitted into the Union January 26th, 1837. It had the requisite population (60,000) before this, but there 'were some difficulties in the way of its admission. In 1837 it contained 200,000; in 1840, 212,267, and in 1850, 851,470 The territory, when first discovered by the whites, con- tained a tribe of Indians called Hurons by the French, and Iroquois by the Indians themselves. Many of them were nonverted to Christianity, by the untiring labors of Cath- olic missionaries, as early as 1648. It was not, however, till 1670 that the French took possession of the territory. It was a portion of the extensive tract explored by the as- siduous, daring La Salle. Its progress, while it belonged to the French, was very slow. It was not until 1763, when, by treaty, it was ceded to Great Britain, that much was done in the way of civilizing and improving it. Compar- atively little, in fact, was done until 1783, when the terri- tory was ceded by England to the United States. Until 1800 it was, for purposes of Government, considered a part 144: HISTORY OF THE STATES. of the Great North-western Territory. After Ohio, Indi- ana, and Illinois had been severally detached, the remain- der, in 1805, became a distinct territory, the first Governor of which was General Hull, by appointment of President Jefferson. Michigan suffered much from the war of 1812. For about two years nearly the whole territory was the theater of sanguinary conflicts. It was exposed to the bar- barity of the enemy and their Indian allies. Since then, however, its enterprising inhabitants have brought it up to a degree of improvement which few States of its age can boast. Its strength was offered the Government in 1861, and it continues as well as it began. Its population, in 1860, was 749,113. IOWA. This State derives its name from the Indians. It was included in the Louisiana purchase. It was first settled at Dubuque, by the French, in the year 1686. This set- tlement, however, does not seem to have been permanent, nor productive of any real good to the territory. In 1833 Burlington was settled by emigrants from the eastern States. It formed a part of Missouri from 1804 to 1821, when it was included iu Michigan Territory. It subsequently be- longed to Wisconsin Territory. It was admitted into the Union March 3d, 1845. It is a highly prosperous State, having a vast extent of rich soil and excellent pasturage. It is faithful to the Union ; placed itself in the front rank at the commencement of the Rebellion. TEXAS. The territory of Texas was explored by Ponce de Leon and La Salle. After Mexico became independent of Spain, a grant which had been made to Moses Austin, a native of Connecticut, comprising a large tract of this province, was confirmed by the new Republic ; and, being transferred by Moses Austin, at his death, to his son, Stephen, was sub- sequently enlarged by a further grant. Emigration from the United States was encouraged, and in 1830 nearly ten thousand Americans were settled in Texas. The prosperity HISTORY OF THE STATES. 145 of these inhabitants excited the jealousy of Mexico, and under the administration of Santa Anna, an unjust, op- pressive policy was adopted toward Texas. Remonstrance proving useless, the people of the territory declared them- selves independent. The revolution began in 1835, by a battle at Gonzales, in which five hundred Texans defeated over one thousand Mexicans. Other engagements followed, the result of which was the dispersion of the Mexican army. Santa Anna now redoubled his efforts, and appearing in March, 1835. with a force of eight thousand men, several bloody battles followed. On the 21st of April, having un- der his immediate command one thousand and five hundred men, he was met by General Sam. Houston, with eight hun- dred men, and totally defeated, on the banks of the San Jacinto. Santa Anna himself was captured the next day in the woods, when he acknowledged the independence of Texas, though the Mexican Congress refused to ratify the act. Active hostilities, however, were now abandoned, and the independence of Texas was acknowledged by the United States, Great Britain, and other European countries. It was in this condition of things that Texas was annexed to the United States. On the 24th of December, 1845, it was admitted into the Union, which act was ratified by the Texan Legislature, July 4th, 1846. But Mexico, still re- garding Texas as a revolted province, refused to acknowl- edge the validity of this measure. The result was a war between Mexico and the United States, which terminated on the 2d of February, 1848, in a treaty by which the latter power, in consideration of the payment of a debt of $3,500,000, due from Mexico to the citizens of Texas, ac- quired New Mexico, Texas, and California. The progress of Texas from this time till the eve of the great Rebellion, was almost unprecedented, no less than twenty-five thou- sand Germans having emigrated to that State in five years' time. These, however, owing to the jealousy aroused against them by their having demonstrated the superiority of free labor, even in a slave State, were obliged to mi- grate to Mexico in the year 1860. By this and other op- pressive acts on the part of the advocates of slavery, Texas, purchased by the blood and treasure of the United States, 13 146 HISTORY OF THE STATES. was driven into the whirlpool of secession, March 4th, 1861. Its population, in 1860, was 604,215. The first settlement within its borders was made by the Spaniards, at St. Antonia de Bexar, in 1690. WISCONSIN Was admitted into the Union May 29th, 1848. It was a part of the extensive territory ceded by France to Great Britain in the treaty of 1763. At the close of the Revolu- tion it was given up by Great Britain to the United States. It was erected into a territory in 1836, the portion now form- ing the State of Iowa being detached in 1838. Its natural resources are extraordinary, the climate being very health- ful, and the soil unsurpassed in fertility. It was settled in the year 1669, at Green Bay, by the French. It is thor- oughly loyal to the Union. In 1860, it had a population of 775,881. MINNESOTA Lies north of Iowa, and extends to the Canadian bound- ary. On tbe north-east it touches Lake Superior, and, to the west, is bounded by Dakotah Territory. It comprises the head waters of the Mississippi, and abounds in rivers and lakes, teeming with fish. Its soil is highly prolific, and its forests are among the finest in the world. Its name is derived from Minnisotah, the Indian name of St. Peter's River. Primarily discovered by La Salle, it, for some years, belonged to the French, and at a very early period was traversed by their traders and soldiers. It was ceded to Great Britain by the treaty of 1763, and to the United States at the peace of 1783. It received a territorial gov- ernment in 1849, and was admitted into the Union in May, 1858. It has still, within its borders, several bands of the Chippewaa, with whom considerable trouble has been experi- enced since the breaking out of the rebellion. It is, however, a thrifty, growing State, and is thoroughly loyal. It was set- tled in 1816, at St. Paul, by emigrants from the eastern States. HISTORY OP THE STATES. 147 OREGON Was admitted into the Union in the year 1859. It, prim- arily, included Washington Territory, and, with the latter, comprised the extensive tract lying between the British Pos- sessions, on the north, and California, on the south ; the Rocky Mountains, on the east, and the Pacific Ocean, on the west. The coasts of this region were discovered by the Span- iards in the 16th century. In 1792, Capt. Grey, of Boston, discovered and entered the Columbia River, and thus the United States acquired the right of sovereignty over the ter- ritory. The exploration of the country from the Missouri to the Columbia, by Lewis and Clark, government appointees, in 1804-5-6, strengthened this claim. The British, how- ever, laid claim to the northern part of the territory, which gave rise to a threatening dispute between Great Britain and the United States. But the difficulty was adjusted by a treaty in 1846, establishing the boundary of 49°, north latitude. The State still contains the Flathead, Pend Oreille, Spokane, Shoshane, and other tribes of Indians, who are, for the most part, in the savage state, though the Christian missionaries have done much in the way of civ- ilizing a portion of them. The furs of this region, those of the badger, beaver, bear, fisher-fox, lynx, martin, mink, muskrat, etc., have long been a great source of revenue. The American fur companies established trading posts in Oregon at an early period, that of Astoria being founded in 1810, under the auspices of the late John Jacob Astor, of New York. It was settled, at Astoria, by emigrants from the Eastern States, in the year 1811. Its population amouuted to 52,465 in 1860. KANSAS. About the development of this young State cluster some of the most important events of American history. Its ter- ritorial organization, by the passage of the Kansas-Nebraska Bill, in 1854, re-opened the agitation of the slavery ques- tion, which seeming to have acquired fresh vigor and viru- lence from the sleep it had enjoyed under the Missouri Com- 148 HISTORY OF THE STATES. promise, thoroughly aroused the old animosities between the pro and antislavery elements of our national politics. From 1854 to 1857 it was the theater of political tragedies, the bare mention of which may well put the blush of shame upon even the most fool-hardy partisan ; and the historian has well said that these dire afflictions might have been ex- pected when the bill organizing Kansas Territory was passed. No sooner was it decided that this territory was open alike to the abolitionist and the slave-holder, than the Emigrant Aid Societies of New England and the pro-slavery organ- izations of the South began pouring streams of settlers into it of opposite political views, entertaining the most hostile feel- ings, each party toward the other ; and, as the legitimate result, came a civil war, which lasted about two years, and which, in some of its incidents would have shamed even savages. The Territory made application to Congress, in 1857, for a place in the Union, but the Constitution under which it asked admission (the one framed at Lecompton) was known to be a fraudulent affair, and hence Kansas was rejected. The discussion of this Constitution caused a permanent di- vision of the Democratic party. The Constitution was re- jected by the people of Kansas by a majority of 10,000. Kansas was, however received into the Union, in 1861, under a free State Constitution, formed at Topeka. CALIFORNIA Was admitted into the Union on the 7th of September, 1850. The alarming discussion which occured upon the question of admission was what gave rise to the compromise measures of 1850, popularly styled the Omnibus Bill. The measures are presented in detail in another part of this work. General Fremont, with a small but dauntless band of ran- gers, conquered California in 1846, having defeated, on fre- quent occasions, vastly superior forces of Mexicans. Its resources as a farming country early attracted attention. But when, in February, 1848, it was published that gold in quantities had been found on a branch of the Sacramento, the swarm of emigrants which rushed in, comprising rep- resentatives from every State in the Union, and from nearly HISTORY OP THE STATES. 149 all the nations of Europe, was almost incalculable. From a small village, San Francisco was rapidly inflated to a large city. In many places towns sprang up like mushrooms. Owing to the fact that its population had been thrown has- tily together, from so many places, and in consequence of the want of a government, California was, for some time, the scene of many dark crimes and hideous outrages. Never was the want of wholesome legal restraint more keenly felt than here. The Constitution of California was framed by a convention of delegates in 1849. It took a firm stand for the Union in 1861. The first settlement, within its limits, was made at San Diego, by the Spanish, in 1764. It furnishes annually to the Government, seventy to eighty millions of dollars in gold. WEST VIRGINIA. On Virginia's passing the ordinance of secession, mass meetings were immediately held in West Virginia, to take into consideration the best means of preserving their alle- giance to the United States. A convention of nearly five hundred delegates assembled there early in May, 1861. which declared the ordinauce of secession to be null and void, and elected delegates to a general convention, to meet at Wheeling, to devise such measures as the welfare of the peo- ple might demand. On the 20th of August, 1861, the con- vention passed an ordinance to provide for the formation of a new State out of a portion of the territory of Virginia. In compliance with its provisions, delegates were elected to a constitutional convention, which assembled at Wheeling, No- vember 26, 1861, which proceeded to draft a Constitution, which was submitted to the people on the first Thursday of April, 1862. The vote in favor was 18,862; that against 514. On the 31st of December, 1862, Congress passed an act admitting West Virginia into the Union on an equal footing with the original States, in all respects whatever, allowing them three members in the House of Representa- tives of the United States. On the 1st of November, 1862. the State had furnished to the Federal Army nearly 20,000 men. 150 HISTORY OF THE STATES. NEVADA. This Territory having formed a State Constitution, under an enabling act previously passed by Congress, was admitted as a member of the Federal Union, on an equal footing with the original States. The State convention was held at so late a period of the year, that it was necessary to telegraph the Constitution to Washington, in order that it might be re- ceived there in time to secure the admission of the State previous to the Presidential election. Immediately upon its reception, President Lincoln issued a proclamation, dated October 31st, A. D. 1864, in which he " declared and pro- claimed that the said State of Nevada is admitted into the Union, on an equal footing with the original States," etc. The vote of the State at the Presidential election, in 1864, was 16,420 — of which Mr. Lincoln received 9,826, and Gen- eral McClellan 6,594. Majority for Mr. Lincoln, 3,232. This new State is probably the richest in the Union in respect to mineral resources. No region in the world is richer in argentiferous leads. Her silver mines are her great source of wealth. The Washoe region maintains the preeminence in these mineral resources. NEBRASKA. Nebraska was organized into a Territory in 1850. The first settlers were Americans. In the last few years it has increased in wealth and population more rapidly than any of the adjoining States or Territories, Probably the chief cause of this has been occasioned by the Pacific Railroad passing directly through the State from east to west. It is impossible, at the present time, to estimate the advantage it will be to the State in developing its resources. The value of its minerals in the western portion of the State is incal- culable. It has fair prospects of becoming one of the rich- est mineral and agricultural States in the Union. Omaha, the capital, is a city of considerable commercial importance, being located at the junction of the Missouri River and the Pacific Railroad. In 1866, the Territory applied for ad- mission into the Union, but, on account of the word " white " being used in its Constitution, it was rejected. The word was then stricken out, after which it was admitted, February, 1867 — the bill for admission having been passed over the President's veto. HISTORY OF THE STATES. 151 COLORADO. Colorado was organized as a Territory March 2, 1861, from parts of Kansas, Nebraska, and Utah. March 3, 1875, it was admitted into the Union of States — the thirty-eighth. It is situated on each side of the Rocky Mountains, and has an area of 106,475 square miles. It is a superior grazing and cattle producing region, with a healthy climate and rich soil. An extensive coal-bed, and also gold, iron, and other minerals abound. Its population is rapidly increasing. Several growing towns serve as centers of supply and trade, and offer fine facilities for schools and churches. The " Colorado Springs," near Denver, are much resorted to, especially by asthmatics. The scenery at Pike's Peak and many of the canyons is sublimely grand and beautiful. PROPOSED CRITTENDEN COMPROMISE. At the commencement of the Congressional session of 1860, the portentous clouds of civil war, gathering and blackening in the southern horizon of our national sky, filled the hearts of the stoutest patriots with the most gloomy ap- prehensions, and cast a melancholy shadow over every Union- loving soul throughout the country, somewhat akin to that which hovers over an affectionate sou or daughter, upon the approaching dissolution of a cherished, devoted mother. The following compromise, offered by Senator Crittenden, December 19, 1860, is one of the many measures proposed in Congress for adjusting the difficulties of that period: Resolved, By the Senate and House of Representatives, That the following articles be proposed and submitted as an amendment to the Constitution, which shall be valid as a part of the Constitution, when ratified by the conventions of three-fourths of the people of the States : 1st. In all the territory now or hereafter acquired, north of 36° 30', slavery, or involuntary servitude, except for the punishment of crime, is prohibited; while in all the terri- tory south of that, slavery is hereby recognized as existing, and shall not be interfered with by Congress, but shall be protected as property by all the departments of the terri- torial government during its continuance. All the territory north or south of said line, within such boundaries as Con- gress may prescribe, when it contaius a population neces- sary for a member of Congress, with a Republican form of government, shall be admitted into the Union on an equality with the original States, with or without slavery, as the Constitution of the State shall prescribe. 2d. Congress shall have no power to abolish slavery in the State permitting it. 3d. Congress shall have no power to abolish slavery in the District of Columbia while it exists in Virginia and 152 PROPOSED CRITTENDEN COMPROMISE. 153 Maryland, or either; nor shall Congress at any time pro- hibit the officers of Government, or members of Congress, whose duties require them to live in the District of Colum- bia, bringing slaves there and using them as such. 4th. Congress shall have no power to hinder the trans- portation of slaves from one State to another, whether by land, navigable river, or sea. 5th. Congress shall have the power, by law, to pay any owner the full value of any fugitive slave, in all cases where the marshal is prevented from discharging his duty by force or rescue, made after arrest. In all such cases the owner shall have the power to sue the county in which the rescue or violence was made ; and the county shall have the right to sue the individuals who committed the wrong, in the same manner as the owner would sue. 6th. No future amendment or amendments shall affect the preceding article ; and Congress shall never have power to interfere with slavery within the States where it is per- mitted. LINCOLN'S EMANCIPATION PROCLA- MATION. Whereas, On the twenty-second day of September, in the year of our Lord, one thousand eight hundred and sixty- two, a proclamation was issued by the President of the United States, containing among other things the following, to wit : That, on the first day of January, in the year of our Lord, one thousand eight hundred and sixty-three, all per- 6ons held as slaves within any State, or designated part of a State, the people whereof shall then be in rebellion against the United States, shall be then, thenceforth and forever free, and the Executive Government of the United States, including the military and naval authorities thereof, will rec- ognize and maintain the freedom of such persons, or any of them, in any efforts they may make for their actual freedom. That the Executive will, on the first day of January aforesaid, by proclamation, designate the States and parts of States, if any, in which the people therein respectively shall then be in rebellion against the United States, and the fact that any State, or the people thereof, shall on that day be in good faith represented in the Congress of the United States by members chosen thereto, at elections wherein a majority of the qualified voters of such States shall have participated, shall, in the absence of strong coun- tervailing testimony, be deemed conclusive evidence that such State and the people thereof are not then in rebellion against the United States. Now, therefore, I, Abraham Lincoln, President of the United States, by virtue of the power in me vested as Com- mander-in-Chief of the Army and Navy of the United States, in time of actual armed rebellion against the au- thority and Government of the United States, and as a fit 154 £ '/' I /, EMANCIPATION PROCLAMATION. 155 neceHsary war measure for suppressing said rebellion, do, on this first day of January, in the year of our Lord, one thousand eight hundred and sixty-three, and in accordance with ray purpose so to do, publicly proclaimed for the full period of one hundred days from the day of the first above- mentioned order, and designate, as the States and parts of States wherein the people thereof respectively are this day iu rebellion against the United States, the following, to wit: Arkansas, Texas, Louisiana, except the parishes of St. Bernard, Plaquemines, Jefferson, St. John, St. Charles, St. James, Ascension, Assumption, Terre Bonne, Lafourche, St. Mary, St. Martin and Orleans, including the city of New Orleans. Mississippi, Alabama, Florida, Georgia, South Carolina, North Carolina, and Virginia, except the forty- eight counties designated as West Virginia, and also the counties of Berkeley, Accomac, Northampton, Elizabeth City, York, Princess Ann, and Norfolk, including the cities of Norfolk and Portsmouth, and which excepted parts are, for the present, left precisely as if this proclamation were not issued. And by virtue of the power, and for the purpose afore- said, I do order and declare that all persons held as slaves within said designated States and parts of States are, and henceforward, shall be free ; and that the Executive Gov- ernment of the United States, including the military and naval authorities thereof, will recognize and maintain the freedom of said persons. And I hereby enjoin upon the people so declared to be free to abstain from all violence, unless in necessary self- defense; and I recommend to them that, in all cases, when allowed, they labor faithfully for reasonable wages. And I further declare and make known that such per- sons of suitable condition will be received into the armed service of the United States, to garrison forts, positions, stations, and other places, and to man vessels of all sorts in said service. And upon this, sincerely believed to be an act of jus- tice, warranted by the Constitution upon military necessity, I invoke the considerate judgment of mankind and the gra- cious favor of Almighty God. 156 EMANCIPATION PROCLAMATION. In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington, this first day of Jan- uary, in the year of our Lord one thousand /^l\ eight hundred and sixty-three, and of the In- ViT^v' dependence of the United States of America the eighty-seventh. By the President: Abraham Lincoln. William H. Seward, Secretary of State. LETTER FROM THE PRESIDENT EXPLAINING THE EMANCIPATION PROCLAMATION. The following letter, written in August, 1863, in answer to an invitation to attend a meeting of unconditional Union men held in Illinois, gives at length the President's views at that time on his Emancipation Proclamation : Executive Mansion, Washington, August '26th, 1863. My Dear Sir: Your letter inviting me to attend a mass-meeting of unconditional Union men, to he held at the capitol of Illiuois on the third day of September, has been received. It would be very agreeable to me to thus meet my old frieuds at my own home, but I can not just now be absent from this city so long as a visit there would require. The meeting is to be of all those who maintain unconditional devotion to the Union; and I am sure my old political friends will thank me for tendering, as I do, the nation's gratitude to those other noble men whom no partisan malice or partisan hope can make false to the na- tion's life. There are those who are dissatisfied with me. To such I would say, You desire peace, and you blame me that you do not have it. But how can we attain it? There are but three conceivable ways: First, to suppress the rebellion by force of arms. This I am tryiug to do. Are you for it? If you are, so far we are agreed. If you are not for it, a second way is to give up the Union. I am against this. If you are, you should say so, plainly. H you are not for force, nor yet for dissolution, there only remains some imaginable compromise. I do not believe EMANCIPATION PROCLAMATION. 157 that any compromise, embracing the maintenance of the Union, is now possible. All that I learn leads to a di- rectly opposite belief. The strength of the rebellion is its military — its army. Tlie army dominates all the coun- try and all the people within its range. Any offer of any terms made by any man or men within that range, in op- position to that army, is simply nothing for the present, because such man or men have no power whatever to en- force their side of a compromise, if one were made with them. To illustrate : Suppose refugees from the South and peace men of the North get together in convention, and frame and proclaim a compromise embracing a restor- ation of the Union ; iu what way can that compromise be used to keep General Lee's army out of Pennsylvania? General Meade's army can keep Lee's army out of Penn- sylvania, and, I think, can ultimately drive it out of ex- istence. But no paper compromise, to which the controll- ers of Lee's army are not agreed, can at all affect that army. In an effort at such compromise we would waste time, which the enemy would improve to our disadvantage, and that would be all. A compromise, to be effective, must be made either with those who control the rebel army, or with the people, first liberated from the domi- nation of that army by the success of our army. Now, allow me to assure you that no word or intimation from the rebel army, or from any of the men controlling it, in relation to any peace compromise, has ever come to my knowledge or belief. All charges and intimations to the contrary are deceptive and groundless. And I promise you that if any such proposition shall hereafter come, it shall not be rejected and kept secret from you. I freely acknowledge myself to be the servant of the people, ac- cording to the bond of service, the United States Consti- tution, and that, as such, I am responsible to them. But, to be plain: You are dissatisfied with me about the negro. Quite likely there is a difference of opinion between you and myself upon that subject. I certainly wish that all men could be free, while you, I suppose, do not. Yet I have neither adopted nor proposed any measure which is not consistent with even your view, provided you are for 158 EMANCIPATION PROCLAMATION. the Union. I suggested compensated emancipation ; to which you replied that you wished not to be taxed to buy ncToes. But I have not asked you to be taxed to buy negroes, except in such way as to save you from greater taxation, to save the Union exclusively by other means. You dislike the Emancipation Proclamation, and perhaps would have it retracted. You say it is unconstitutional. I think differently : I think that the Constitution invests the Commander-in-Chief with the law of war in time of war. The most that can be said, if so much, is, that the slaves are property. Is there — has there ever been — any question that, by the law of war, property, both of ene- mies and frieuds, may be taken when needed ? And is it not needed whenever taking it helps us, or hurts the en- emy? Armies, the world over, destroy enemies' property when they can not use it; and even destroy their own to keep it from the enemy. Civilized belligerents do all in their power to help themselves or hurt the enemy, except a few things regarded as barbarous or cruel. Among the exceptions are the massacre of vanquished foes and non- combatants, male and female. But the proclamation, as law, is valid, or is not valid. If it is not valid, it needs no retraction; if it is valid, it can not be retracted, any more than the dead can be brought to life. Some of you profess to think that its retraction would operate favorably for the Union. ^Vhy better after the retraction than be- fore the issue ? There was more than a year and a half of trial to suppress the rebellion before the proclamation was issued, the last one hundred days of which passed under an explicit notice that it was coming, unless averted by those in revolt returning to their allegiance. The war has certainly progressed as favorably for us since the issue of the proclamation as before. I know as fully as one can know the opinion of others, that some of the commanders of our armies in the field, who have given us our most important victories, believe the emancipation policy and the aid of colored troops to be the heaviest blows yet dealt to the rebellion, and that at least one of these important successes could not have been achieved when it was hut for the aid of black soldiers. Among the commanders EMANCIPATION PROCLAMATION. 159 holding these views are some who have never had any .affiuity with what is called abolitionism or with "Repub- lican party politics," but who hold them purely as mili- tary opinions. I submit their opinions as being entitled to some weight against the objections often urged, that emancipation and arming the blacks are unwise as military measures, and were not adopted as such in good faith. You say that you will not fight to free negroes. Some of them seem to be willing to fight for you — but no mat- ter. Fight you, then, exclusively, to save the Union. I issued the proclamation on purpose to aid you in saving the Union. Whenever you shall have conquered all re- sistance to the Union, if I shall urge you to continue fight- ing, it will be an apt time then for you to declare that you will not fight to free negroes. I thought that, in your struggle for the Union, to whatever extent the negroes should cease helping the enemy, to that extent it weak- ened the enemy in his resistance to you. Do you think differently? I thought that whatever negroes can be got to do as soldiers, leaves just so much less for white sol- diers to do in saving the Union. Does it appear other- wise to you? But negroes, like other people, act upon motives. Why should they do any thing for us if we will not do any thing for them? If they stake their lives for us, they must be prompted by the strongest motive, even the promise of freedom. And, the promise being made, must be kept. The signs look better. The Father of Waters again goes unvexed to the sea. Thanks to the great North-west for it. Not yet wholly to them. Three hundred miles up they met New England, Empire, Key- stone, and Jersey, hewing their way right and left. The Sunny South, too, in more colors than one, also lent a hand. On the spot, their part of the history was jotted down in black and white. The job was a great national one, and let none be blamed who bore an honorable part in it ; and, while those who have cleared the great river may well be proud, even that is not all. It is hard to say that any thing has been more bravely or better done than at Antietam, Murfreesboro', Gettysburg, and on many fields of less note. Nor must Uncle Sam's web-fleet be forgot- 160 EMANCIPATION PROCLAMATION. ten. At all the waters' margins they have heen present — not only on the deep sea, the broad bay, and the rapid river, but also up the narrow, muddy bayou ; and, wherever the ground was a little damp, they have been, and made their tracks. Thanks to all. For the great republic — for the principles by which it lives and keeps alive — for man's vast future — tbanks to all. Peace does not appear so far distant as it did. I hope it will come soon, and come to stay ; and so come as to be worth keeping in all future time. It will then have proved that among freemen there can be no successful appeal from the ballot to the bullet, and that they who take such appeal are sure to lose their case and pay the cost. And then there will be some black men who can remember that, with silent tongue, and clenched teeth, and steady eye, and well -poised bayonet, they have helped mankind on to this great consummation; while I fear that there will be ■some white men unable to forget that, with maglignant heart and deceitful speech, they have striven to hinder it. Still, let us not be over-sanguine of a speedy final triumph. Let us be quite sober. Let us diligently apply the means, never doubting that a just God, in Hia own good time, will give us the rightful result. Yours, very truly, A. Lincoln. JOHNSON'S AMNESTY PROCLAMATION. By the President of the United States of America : Whereas, The President of the United States, on the 8th day of December, 1863, and on the 26th day of March, 1864, did, with the object of suppressing the existing rebellion, to induce all persons to return to their loyalty and to restore the authority of the United States, issued Proclamations offering amnesty and pardon to certain persons who had directly or by implication engaged in said rebellion, and Whereas, Many persons who had so engaged in the said rebellion, have, since the issue of said Proclamation, failed or neglected to take the benefits offered thereby ; and whereas, many persons who have been justly deprived of all claim to amnesty and pardon thereunder by reason of their partici- pation directly or by implication in said rebellion, and con- tinued hostile to the Government of the United States since the date of said Proclamation, now desire to apply for and obtain amnesty and pardon ; to the end, therefore, that the authority of the Government of the United States may be restored, and that peace, order, and freedom may be estab- lished. I, Andrew Johnson, President of the United States, do proclaim and declare that I hereby grant to all persons who have directly or indirectly participated in the existing re- bellion, except as hereinafter excepted, amnesty and pardon, with the restoration of all the rights of property, except as to slaves, except in cases where legal proceedings under the laws of the United States, providing for the confiscation of property of persons engaged in the rebellion, have been in- stituted ; but on the condition, nevertheless, that every such person shall take and subscribe the following oath, which shall be registered for permauent preservation, and shall bo the tenor and effect of the following, to wit : U 161 102 AMNESTY PROCLAMATION. " I do solemnly swear or affirm, in the presence of Al- mighty God, that I will henceforth faithfully defend the Con- stitution of the United States and the Union of the States thereunder; aud that I will in like manner abide by and faithfully support all laws and proclamations which have been made during the existing rebellion, with reference to the emancipation of slavery, so help me God." The following classes of persons are excepted from the benefits of this proclamation : First — All who are, or shall have been, pretended civil or diplomatic officers or otherwise, domestic or foreign agents of the pretended Confederate Government. Secoiul — All who left judicial stations under the United States to aid the rebellion. Third — All who shall have been military or naval officers of said pretended Confederate Government above the rank of Colonel in the Army, or Lieutenant in the Navy. Fourth — All who left seats in the Congress of the United States to aid the rebellion. Fifth — All who resigned or tendered the resignation of their commissions in the Army or Navy of the United States, to evade the duty in resisting the rebellion. Sixth — All who have engaged in any way in treating other- wise than lawfully as prisoners of war, persons found in the United States service, as officers, soldiers, seamen, or in other capacities. Seventh — All persons who have been or are absentees from the United States for the purpose of aiding the rebellion. Eighth — All military or naval officers in the rebel service who were educated by the Government in the military acad- emy at West Point, or in the United States Naval Acad- emy. Ninth — All persons who hold the pretended offices of Governors of States in insurrection against the United States. Tenth — All persons who left their homes within the juris- diction and protection of the United States and passed be- yond the Federal military lines into the So-called Confed- erate States for the purpose of aiding the rebellion. Eleventh — All persons who have engaged in the destruc- AMNESTY PROCLAMATION. 163 tion of the commerce of the United States upon the high seas, and all persons who have made raids into the United States from Canada, or been engaged in destroying the com- merce of the United States upon the lakes and rivers that separate the British Provinces from the United States. Timlfth — All persons who, at the time when they seek to obtain the benefits hereof, by taking the oath prescribed, are in military, naval or civil confinement or custody, or un- der bond of the military or naval authorities, or agents of the United States, as prisoners of war, or persons detailed for offenses of any kind, either before or after the con- viction. Thirteenth — All persons who have voluntarily participated in said rebellion, and the estimate value of whose taxable property is over S20,000. Fourteenth — All persons who have taken the oath of Am- nesty as prescribed in the President's Proclamation, Decem- ber 28th, 1863, or the Oath of Allegiance to the Government of the United States since the date of said Proclamation, and who have not thenceforward kept and maintained the same inviolate. Provided that special application may be made to the President for pardon by any person belonging to the excepted class, and such clemency will be liberally extended as may be consistent with the facts, and the peace and dignity of the United States. The Secretary of State will establish rules and regulations for administering and re- cording said Amnesty Oath, so as to insure its benefits to the people, aud guard the Government against fraud. In testimony whereof, I have hereunto set my hand and caused the Seal of the United States to be af- fixed. Done at the City of Washington, this 29th day of May, A. D. 1865, and of the Inde- pendence of the United States, the eighty-ninth. (Signed.) By the President: Andrew Jojinson. W. H. SEWARD, Secretary of State. IMPEACHMENT TRIAL OF ANDREW JOHNSON. The events which led to tho impeachment of President Johnson, may be briefly stated as follows: On the '21st of February, 1808, the President issued an order to Mr. Stanton, removing him from ollice as Secretary of War, and another to General Lorenzo Thomas, Adjutant-General of the Army, appointing him Secretary of War ad interim, directing the one to surrender and the other to receive, all the books, papers, and public property belonging to the War Department. As these orders fill an important place in the his- tory of the impeachment, we give them here. The order to Mr. St ;> a i ii n reads: " 15y virtue of the power and authority vested in me as Presi- dent by the Constitution and laws of the United States, you are hereby removed from office as Secretary for the Department of War, and your functions as such will terminate upon the receipt of this communication. You will transfer to Brevet Major-Geii- eral Lorenzo Thomas, Adjutant-General of the Army, who has this day been authorized and empowered to act as Secretary of War ad interim, all records, books, papers, and other public property now in your custody and charge." The order to General Thomas reads: "The lion. Edwin M. Stanton having been this day removed from ollice as Secretary lor the Department of War, you are hereby au- thorized and empowered to act as Secretary of War ad interim, and will immediately enter upon the discharge of the duties pertaining to that ollice. Mi-. Stanton has been instructed to transfei to you all the records, books, and other public property now in his cus- tody and charge." These orders having been officially communicated to the Senate, that body, after an earnest debaie, passed the following resolution : ^Resolved by the Stte of the United States, That under the Con- stitution and laws of the United States the President has no power to remove the Secretary of War and designate any other officer to perform the duties of that office." The President, upon the 24th, sent a message to the Senate, arguing at length that not only under the Constitution, bul also under the laws as now existing, he had the right of removing Mr. Stanton and appointing another to fill his place. The point of his argument is: That by a special proviso in the Tcnure-of-Olfice Dill the various Secretaries of Departments ''shall hold their offices respectively for and during the term of the l'resideut by whom lO-A IMPEACHMENT TI'JAE OF ANDiiEW JOHJTgOBT. 165 they may have been appointed, and for one month thereafter, Subject to removal by and with the advice of the I -.lent affirms that Mr. .Stanton was appointed not by him, but by his predecessor, Mr. Lincoln, and held office only by the sufferance, not the appointment, of the present Executive: and that therefore his tenure is, by the express reading of the law excepted from the general provision, thai every person duly ap- pointed to office : by and with the advice and consent of the Sen- ate, ' etc., shall be -'entitled to hold office until a successor shall have been in like manner appointed and duly qualified, except as herein otherwise provided.'' The essential point of the President's argument, therefore, is that, as Mr. Stanton was not appointed by him, he hud, under the Tenure-of-Otfice Bill, the right at any time to remove him; the same right which his own successor would have, no matter whether the incumbent had, by sufferance, not by appointment of the existing Executive, held the offic Its or ev.-n years. u l resident, -my successor would have the power to remove Mr. Stanton, alter permitting him to remain a period of two weeks, because be iras not appointed bj fa who have tolerated Mr. Stanton for mote than two years, certainly have the same right to remove him. and upon the BSJOe ground, namely, that he was not appointed by me but by my predeces- In the meantime General Thomas presented himself at the War ;.t and demanded to be placed in the position to which he had been assigned by th- -.ton refused to sur- render his post, and ordered General Thomas to proceed to the apartment which belonged to him as Adjutant-General. Tins order was not obeyed, and so the two claima;.- tary- ship of War held their ground. A sort of legal by-play then en- Mr. Stanton entered a formal complaint before Judge Carter, Chief Justice of the S upr e m e Court of the District of Colum- bia, charging that General Thomas : g i and at- tempted to exercise the duties ol ! yot War: and had threat- ened to '• forcibly remove the complainant from the buildings and apartment* of the Secretary of War in the War Department, and forcibly take possession and control thereof under his pretended appointment by the President of the Uu.-- rotary of War ad interim;" and praying that he might be arrested and held to answer this charge. General Thomas was accordingly arrested, and held to bail in the sum of ; to appear before the court on the 24th. Appearing on that day he was discharged from cus- tody ami bail; whereupon he entered an action against Mr. Stan- Uju for false imprisonment, laying his damages at $150,000. On the 22d of February the House Committee on Reconstruction, through its Chairman, Mr. .Stevens, presented a brief report, merely stating the fact of the attempted removal by the President of Mr. Stanton, and closing as follows: • Upon the evidence collected by the Committee, which is here- 166 IMPEACHMENT TRIAL OF ANDREW JOHNSON. after presented, and in virtue of the powers with which they have been invested by the House, they are of the opinion that Andrew Johnson, President of the United States, should be impeached of high crimes and misdemeanors. They, therefore, recommend to the House the adaption of the following resolution: " Resolved, That Andrew Johnson, President of the United States be impeached of high crimes and misdemeanors." After earnest debate, the question on the resolution was adopted, on the 24th, by a vote of 126 to 47. A committee of two members — Stevens and Bingham — were to notify the Senate of the action of the House; and another committee of seven — Boutwell, Stevens, Bingham, Wilson, Logan, Julian, and Ward — to prepare the articles of impeachment. On the 25th (February) Mr. Stevens thus an- nounced to the Senate the action which had been taken by the House: "In obedience to the order of the House of Representatives we have appeared before you, and in the name of the House of Rep- resentatives and of all the people of the United Slates, we do im- peach Andrew Johnson, President of the United States, of high crimes and misdemeanors in office. And we further inform the Senate that the House of Representatives will in due time exhibit particular articles of impeachment against him, to make good the same ; and in their name we demand that the Senate take due order for the appearance of the said Andrew Johnson to answer to the said impeachment." The Senate thereupon, by a unanimous vote, resolved that this message from the House should be referred to a select Committee of Seven, to be appointed by the chair, to consider the same and report thereon. This Committee subsequently made a report laying down the rules of procedure to be observed on the trial. On the 29th of February the Committee of the House appointed for that purpose presented the articles of impeachment which they had drawn up. These, with slight modification, were accepted on the 2d of March. They comprise nine articles, eight of which are based upon the action of the President in ordering the removal of Mr. Stanton, and the appointment of General Thomas as Secretary of War. The general title to the impeachment is : " Articles exhibited by the House of Representatives of the United States, in the name of themselves and all the people of the United States, against Andrew Johnson, President of the United States, as maintenance and support of their impeachment against him for high crimes and misdemeanors in office." Faeh of the articles commences with a preamble to the effect that the President, "unmindful of the high duties of his office, of his oath of office, and of the requirements of the Constitution that he should take care that the laws be faithfully executed, did unlaw- fully and in violation of the laws and Constitution of the United States, perform the several acts specified in the articles respec- IMPEACHMENT TRIAL OF ANDREW JOHNSON. 167 irively;" closing with the declaration: "Whereby the said Andrew Johnson, President of the United States, did then and there commit and was guilty of a high misdemeanor in office." The phraseology is somewhat varied. In some cases the offense charged is desig- nated as a "misdemeanor," in others as a "crime." The whole closes thus : "And the House of Representatives, by protestation, saving to themselves the liberty of exhibiting at any time hereafter any further articles or other accusation or impeacement against the said Andrew Johnson, President of the United States, and also of replying to his answers which he shall make to the articles herein preferred against him, and of offering proof to the same and every part thereof, and to all and every other article, accusation, or im- peachment which shall be exhibited by them as the case shall re- quire, do demand that the said Andrew Johnson may be put to answer the high crimes and misdemeanors in office herein charged against him, and that such proceedings, examinations, trials, and judgments may be thereupon had and given as may be agreeable to law and justice." The following is a summary in brief of the points in the articles of impeachment, legal and technical phraseology being omitted: Article 1. Unlawfully ordering the removal of Mr. Stanton as Sec- retary of War, in violation of the provisions of the Tenure-of-Office Act. — Article 2. Unlawfully appointing General Lorenzo Thomas as Secretary of War ad interim. — Article 3 is substantially the same as Article 2, with the addition that there was at the time of the ap- pointment of General Thomas no vacancy in the office of Secretary of War. — Article 4 charges the President with "conspiring with one Lorenzo Thomas and other persons, to the House of Representatives unknown," to prevent, by intimidation and threats, Mr. Stanton, the legally-appointed Secretary of War, from holding that office. — Ar- ticle 5 charges the President with conspiring with General Thomas and others to hinder the execution of the Tenure-of-Office Act; and, in pursuance of this conspiracy, attempting to prevent Mr. Stanton from acting as Secretary of War. — Article 6 charges that the Presi- dent conspired with General Thomas and others to take forcible possession of the property in the War Department. — Article 7 re- peats the charge, in other terms, that the President conspired with General Thomas and others to hinder the execution of the Tenure- of-Office Act, and to prevent Mr. Stanton from executing the office of Secretary of War. — Article 8 again charges the President with conspiring with General Thomas and others to take possession of the property in the War Department. — Article 9 charges that the President called before him General Emory, who was in command of the forces in the Department of Washington, and declared to him that a law, passed on the 30th of June, 1867, directing that "all orders and instructions relating to military operations, issued by the President or Secretary of War, shall be issued through the Gen 108 IMPEACHMENT TRIAL OF ANDREW JOHNSON. eral of the Army, find, in case of his inability, through the next in rank,'' was unconstitutional, and not. binding upon General Emory; the intent, being to induce General Emory to violate the law, and to obey orders issued directly from the President. The foregoing articles of impeachment were adopted on the 2d of March, the votes upon each slightly varying, the average being 125 ayes to 40 nays. The question then came up of appointment of managers on the part of the House to conduct the impeachment before the Senate. Upon this question the Democratic members did not vote; 118 votes were cast, 60 being necessary to a choice. The following was the result, the number of votes cast for each elected manager being given : Stevens, of Penn., 105 ; Butler, of Mass., 108 ; Bingham, of Ohio, 114; Boutwell, of Mass., 113; Wilson, of Iowa, 112; Williams, of Penn., 107; Logan, of 111., 106. The foregoing seven Representatives were, therefore, duly chosen as Managers of the Bill of Impeachment. The great body of the Democratic members of the House entered a formal protest against the whole course of proceedings involved in the impeachment of the Presi- dent. They claimed to represent "directly or in principle more than one-half of the people of the United States." This protest was signed by forty-five Representatives. On the 3d the Board of Managers presented two additional arti- cles of impeachment, which were adopted by the House. The first charges, in substance, that "The President, unmindful of the high duties of his office and of the harmony and courtesies which ought to be maintained between the executive and legislative branches of the Government of the United States, designing to set aside the rightful authority and powers of Congress, did attempt to bring into disgrace the Congress of the United States and the several branches thereof, to impair and destroy the regard and respect of all the good people of the United States for the Congress and legislative power thereof, and to excite the odium and resentment of all the good people of the United States against Congress and the la/vs by it enacted; and in pursuance of his said design openly and publicly, and before divers assemblages convened in divers parts thereof to meet and receive said Andrew Johnson as the Chief Magistrate of the United States, did on the 18th day of August, in the year of our Lord 1866, and on divers other days and times, as well before as afterward, make and deliver with a loud voice certain intemperate, inflammatory, and scandalous harangues, and did therein utter loud threats and bitter menaces as well against Congress as the laws of the United States duly enacted thereby." To this article are appended copious extracts from speeches of Mr. Johnson. The second article is substantially as follows: "The President did, on the 18th day of August, 1866, at the City of Washington, by public speech, declare and affirm in substance that the Thirty-ninth Congress of the United States was not a Con- IMPEACHMENT TRIAL OF ANDREW JOHNSON. 169 gross of the United States, authorized by the Constitution to exer- cise legislative power under the same, but, on the contrary, was a Congress of only a part of the States, thereby denying and intend- ing 10 deny that the legislation of said Congress was valid or obli- gatory upon him, except in so far as he saw fit to approve the same, and did devise and contrive means by which he might prevent Ed- win M. Stanton from forthwith resuming the functions of the oftice of Secretary for the Department of War; and, also, by further un- lawfully devising and contriving means to prevent the execution of an act entitled 'An act making appropriations for the support cf the army for the fiscal year ending June 30, 1808, and for other purposes, approved March 2, 1867; and also to prevent the execu- tion of an act entitled 'An act to provide for the more efficient government of the rebel States,' passed March 2, 1867, did commit and was guilty of a high misdemeanor in office." On the 4th of March the Senate notified the House that they were ready to receive the Managers of the Impeachment. They ap- peared, and the articles were formally read. The Senate had meanwhile adopted the rules of procedure. Chief Justice Chase sent a communication to the Senate to the effect that this body, when acting upon an impeachment, was a Court presided over by the Chief Justice, and that all orders and rules should be framed by the Court. On the Oth the Court was formally organized. An exception was taken to the eligibility of Mr. Wade as a member of the Court, on the ground that he was a party interested, since, in the event of the impeachment being sustained, he, as President of the Senate, would become Acting President of the United States. This objection was withdrawn, and Mr. Wade was sworn as a mem- ber of the Court. On the 7th the summons for the President to appear was formally served upon him. On the 13th the Court, was again formally reopened. The President appeared by his counsel, Hon. Henry Stanbery, of Ohio; Hon. Wm. M. Evarts, of New York; Hon. Wm. S. Groesbeck, of Ohio; Hon. Benjamin R. Curtis, of Mas- sachusetts; Hon. Thomas A. R. Nelson, of Tennessee, who asked for forty days to prepare an answer to the indictment. This was re- fused, and ten days granted; it being ordered that the proceedings should reopen on the 23d. Upon that day the President appeared by his counsel, and presented his answer to the articles of im- peachment. This reply was in substance as follows: The first eight articles in the Bill of Impeachment, a.s briefly summed up in our last record, are based upon the action of the President in ordering the removal of Mr. Stanton, and the tempo- rary appointment of General Thomas as Secretary of War. The gist of them is contained in the first article, charging the unlaw- ful removal of Mr. Stanton; for, this failing, the others would fail also. To this article a considerable part of the President's answer is devoted. It is mainly an amplification of the points put forth in the Message of February 24th, in which he gave his reasons for 15 170 IMPEACHMEXT TRIAL OF AXDREW JOHXSOX. hie orders. The President cites the laws by which this department of the administration was created, and the rules laid down for the duties pertaining to it; prominent among which are: that the Sec- retary shall "conduct the business of the department in such man- ner as the President of the United States shall from time to time order and instruct;" and that he should "hold the office during the pleasure of the President;" and that Congress had no legal right to deprive the President of the power to remove the Secretary. He was, however, aware that the design of the Tenure-of-Office Bill was to vest this power of removal, in certain cases, jointly in the Executive and the Senate; and that, while believing this act to be unconstitutional, yet it having been passed over his veto by the re- quisite majority of two-thirds, he considered it to be his duty to as- certain in how far the case of Mr. Stanton came within the pro- visions of this law ; after consideration, he came to the conclusion that the case did not come within the prohibitions of the law, and that, by that law he still had the right of removing Mr. Stanton; but that, wishing to have the cas"e decided by the Supreme Court, he, on the 12th of August, issued the order merely suspending, not remov- ing, Mr. Stanton, a power expressly granted by the Tenure-of-< *ffice Act, and appointed General Grant Secretary of War ad interim. The President then recites the subsequent, action in the case of Mr. Stan- ton; and, as he avers, still believing that he had the constitu- tional power to remove him from office, issued the order of February 21st, for such removal, designing to thus bring the matter before the Supreme Court. He then proceeds formally to deny that at this time Mr. Stanton was in lawful possession of the office of Secre- tary of War; and that, consequently, the order for his removal was in violation of the Tenure-of-Office Act; and that it was in viola- tion of the Constitution or of any law; or that it constituted any official crime or misdemeanor. In regard to the seven succeeding articles of impeachment the President, while admitting the facts of the order appointing Gen- eral Thomas as Secretary of Warorf interim, denies all and every of the crimnal charges therein set forth. So of the ninth article, charging an effort to induce General Emory to violate the law, the President denies all such intent, and calls attention to the fact that while, for urgent reasons, he signed the bill prescribing that orders to the army should be issued only through the General, he at the same time declared it to be, in his judgment, unconstitutional ; and affirms that in his interview with General Kmory he said no more than he had before officially said to Congress — that is, that the law was unconstitutional. As to the tenth article, the first of the supplementary ones, the President, while admitting that he made certain public speeches at the times and places specified, does not admit that the passages eitfil :ne fair reports of his remarks; denies that he has ever been unmindful of the courtesies Which ought to be maintained between IMPEACHMENT TRIAL OF ANDREW JOHNSON. 171 the executive and legislative departments; but he claims the perfect right at all times to express his views as to all public natters. The reply to the eleventh article, the second supplementary one, is to the same general purport, denying that he ever affirmed that the Thirty-ninth Congress was not a valid Congress of the United Stntes, and its acts obligatory only as they were approved by him; and denying that he had, as charged in the article, contrived un- lawful means for preventing- Mr. Stanton from resuming the func- tions of Secretary of War, or for preventing the execution of the act making appropriations for the support of the army, or that to pro- vide for the more efficient government of the rebel States. In his answer to this article the President refers to his reply to the first article, in which he sets forth at length all the steps, and the rea- sons therefor, relating to the removal of Mr. Stanton. In brief, the answer of the President to the articles of impeachment is a general denial of each and every criminal act charged in the articles of impeachment. The counsel for the President then asked for a delay of thirty days after the replication of the managers of the impeachment should have been rendered, before the trial should formally proceed. This was refused, and the managers of the impeachment stated that their replication would be presented the next day: it was that, "The Senate will commence the trial of the President upon the articles of impeachment exhibited against him on Monday, the 80th day of March, and proceed therein with all dispatch under the rules of the Senate, sitting upon the trial of an impeachment." The replication of the House of Representatives was a simple de- nial of each and every averment in the answer of the President, closing thus : "The House of Representatives .... do say that the said Andrew Johnson, President of the United States, is guilty of the high crimes and misdemeanors mentioned in the said articles, and that the said House of Representatives are ready to prove the same." The trial began, as appointed, on March 30. There being twenty- seven States represented, there were fifty-four Senators, who con- stituted the Court, presided over by Chief Justice Salmon P. Chase, of Ohio. Senators: California, Cole, Conness; Connecticut, Dixon, Ferry; Delaware, Bnyard, Saulsbury ; Indiana, Hendricks, Morton; Illinois, Trumbull, Yates; Iowa, Grimes, Harlan; Kansas, Pomeroy, Ross; Kentucky, Davis, McCreery; Maine, Fessenden, Morrill (Lot M.) ; Maryland, Johnson, Vickers; Massachusetts, Sumner, Wilson ; Michigan, Chandler, Howard; Minnesota, Norton, Ramsay; Missouri, Drake, Henderson; Nebraska.. Thayer, Tipton; Nevada, Nye, Stew- art ; New Hampshire, Cragin, Patterson (J. W.); New Jersey, Catt ell, Frelinghuysen ; New Tor k, Conklin, Morgan ; Ohio, Sherman, Wade; Oregon, Corbett, Williams; Pennsylvania, liuckalcw, Cameron ; Rhode Island, Anthony, Sprague ; Tennessee, Fowler, Patterson (David); 172 IMPEACHMENT TRIAL OF ANDREW JOHNSON. Vermont, Edmunds, Morrill (J. S.); West Virginia, Van Winkle, Willey; Wisconsin, Doolittle, Howe. Munaijersfor the Prosecution : Messrs. Bingham, Boutwell, Butler, Logan, Stevens, Williams, Wilson. Counsel for the President: Messrs. Curtis, Evarts, Groesbeck, Nel- son, Stanbery. The following was the order of procedure: The Senate convened at 11 or 12 o'clock, and was called to order by the president of that body, who, after prayer, would leave- thy chair, which was imme- diately assumed by the Chief Justice, who wore his official robes. The prosecution was mainly conducted by Mr. Butler, who exam- ined the witnesses, and, in conjunction witli the others, argued the points of law which came up. The defense, during the early part of the trial, was mainly conducted by Mr. Stanbery, who had re- signed the office of Attorney-General for this purpose, but, being taken suddenly ill, Mr. Evarts took his place. According to the rule at first adopted, the trial was to be opened by one counsel on each side, and summed up by two on each side; but this rule was subsequently modified so as to allow as many of the managers and counsel as chose to sum up, either orally or by filing written argu- ments. THE PROSECUTION. The whole of the first day (March 30) was occupied by the open- ing speech of Mr. l'utler. After touching upon the importance of the case, and the wisdom of the framers of the Constitution in providing for its possible occurrence, he laid down the following proposition, supporting it by a copious array of authorities and precedents : "We define, therefore, an impeachable high crime or misdemea- nor to be one, in its nature or consequences, subversive of some fundamental or essential principle of government, or highly preju- dicial to the public interest, and this may consist of a violation of the Constitution, of law, of an official oath, or of duty, by an act committed or omitted, or, without violating a positive law, by the abuse of discretionary powers from improper motives, or for any improper purpose." He then proceeded to discuss the nature and functions of the tribunal before which the trial is held. He asked: "Is this pro- ceeding a trial, as that term is understood, so far as relates to the rights and duties of a court and jury upon an indictment for crime? Is it not rather more in the nature of an inquest?" The Constitution, he urged, "seems to have determined it to be the hit- ter, because, under its provisions, the right to retain and hold office is the only subject to be finally adjudicated; all preliminary in- quiry being carried on solely to determine that question, and (hat alone." He then proceeded to argue that this body now sitting to determine the accusation, is the Senate of the United States, and IMPEACHMENT TRIAL OF ANDREW JOHNSON. 173 not a court. This question is of consequence, he argued, because, in the latter case, it would be bound by the rules and precedents of common-law statutes; the members of the court would be liable to challenge on many grounds ; and the accused might claim that he could only be convicted when the evidence makes the fact clear be- yond reasonable doubt, instead of by a preponderance of the evi- dence. The fact that in this case the Chief Justice presides, it was argued, does not constitute the Senate thus acting a court - for in all cases of impeachment, save that of the President, its regular presiding officer presides. Moreover, the procedures have no an- alogy to those of an ordinary court of justice. The accused merely receives a notice of the case pending against him. He is not re- quired to appear personally, and the case will go on without his presence. Mr. Butler thus summed up his position in this regard: " A constitutional tribunal solely, you are bound by no law, either statute or common, which may limit your constitutional prerogative. You consult no precedents save those of the law and custom of parliamentary bodies. You are a law unto yourselves, bound only by the natural principles of equity and justice, and that salun jjopuli suprema est lex." Mr. Butler then proceeded to consider the articles of impeach- ment. The first eight, he says, "set out, in several distinct forms, the acts of the President in removing Mr. Stanton and appointing General Thomas, differing, in legal effect, in the purposes for which, and the intent with which, either or both of the acts were done, and the legal duties and rights infringed, and the Acts of Congress vio- lated in so doing." In respect to all of these articles, Mr. Butler says, referring to his former definition of what constituted an im- peachable high crime : "All the articles allege these acts to be in contravention of his oath of office, and in disregard of the duties thereof. If they are so, however, the President might have the power to do them under the law. Still, being so done, they are acts of official misconduct, and, as we have seen, impeachable. The President has the legal power to do many acts which, if done in disregard of his duty, or for improper purposes, then the exercise of that power is an official misdemeanor. For example, he has the power of pardon ; if exer- cised, in a given case, for a corrupt motive, as for the payment of money, or wantonly pardoning all criminals, it would be a misde- meanor." Mr. Butler affirmed that every fact charged in the first article, and substantially in the seven following, is admitted in the reply of the President; and also that the general intent to set aside the Teuure-of-Office Act is therein admitted and justified. He then proceeded to discuss the whole question of the power of the Presi- dent for removals from office, and especially his claim that this power was imposed upon the President by the Constitution, and that it could not be taken from him, or be vested jointly in him atd 174 IMPEACHMENT TRIAL OF ANDREW JOHNSON. i,he Senate, partly or in whole. This, Mr. Butler affi led, was the real question at issue before the Senate and the Am ican people. He said ■ "Has the President, under the Constitution, the mc ;e than royal prerogative at will to remove from office, or to suspend from office, all executive officers of the United States, either civil, military or naval, and to fill the vacancies, without any restraint whatever, or possibility of restraint, by the Senate or by Congress, through laws duly enacted? The House of Representatives, in behalf of the people, join issue by affirming lhat the exercise of such powers is a high misdemeanor in office. If the affirmative is maintained by the respondent, then, so far as the first eight articles are concerned — unless such corrupt purposes are shown as will of themselves make the exercise of a legal power a crime — the respondent n.ust go, and ought to go, quit and free." This point as to the legal right of the President to make removals from office, which constitutes the real burden of the articles of im- peachment, was argued at length. Mr. Butler assumed that the Sen- ate, by whom, in conjunction with the House, the Tenure-of-Office Act had been passed over the veto of the President, would maintain the law to be constitutional. The turning point was whether the special case of the removal of Mr. Stanton came within the provi- sions of this law. This rested upon the proviso of that law, that — "The Secretaries shall hold their office during the term of the President by whom they may have been appointed, and for one month thereafter, subject to removal by and with the advice and consent of the Senate." The extended argument upon this point, made by Mr. Butler, was to the effect that Mr. Stanton having been appointed by Mr. Lin- coln, whose term of office reached to the 4th of March, 18G9, that of Mr. Stanton existed until a month later, unless he was previously removed by the concurrent action of the President and Senate. The point of the argument is, that Mr. Johnson is merely serving out the balance of the term of Mr. Lincoln, cut short by his assas- sination, so that the Cabinet officers appointed by Mr. Lincoln held their places, by this very proviso, during that term and for a month thereafter; for, he argued, if Mr. Johnson was not merely serving out the balance of Mr. Lincoln's term, then he is entitled to the office of President for four full years, that being the period for which a President is elected. If, continues the argument, Mr. Stanton's commission was vacated by the Tenure-of-Office Act, it ceased on the 4th of April, 1865; or, if the act had no retroactive effect, still, if Mr. Stanton held office merely under his commission from Mr. Lincoln, then his functions would have ceased upon the passage of the bill, March '2, 18U7; and, consequently, Mr. John- son, in " employing " him after that date as Secretary of War, was guilty of a high misdemeanor, which would give ground for a new article of impeachment. IMPEACHMENT TRIAL OF ANDREW JOHNSON. 175 After justifying the course of Mr. Stanton in holding on to the secretaryship in opposition to the wish of the 'President, on the ground that "to desert it now would be to imitate the treachery of his accidental chief," Mr. Butler proceeded to discuss the reasons assigned by the President in his answer to the articles of impeach- ment fcr the attempt to remove Mr. Stanton. These, in substance, wert that the President believed the Tenure-of-Office Act was un- constitutional, and, therefore, void and of no effect, and that he had the right to remove him and appoint another person in his place. Mr. Butler urged that, in all of these proceedings, the President professed to act upon the assumption that the act was valid, and that his action was in accordance with its provisions. He then went on to charge that the appointment of General Thomas as Sec- retary of War ad interim, was a separate violation of law. By the act of February 20, 18G3, which repealed all previous laws incon- sistent with it, the President was authorized, in case of the "death, resignation, absence from the seat of Government, or sickness of the head of an executive department," or in any other case where these officers could not perform their respective duties, to appoint the head of any other executive department to fulfill the duties of the office "until a successor be appointed, or until such absence or disability shall cease." Now, urged Mr. Butler, at the time of the appointment of General Thomas as Secretary of War ad interim, Mr. Stanton " had neither died nor resigned, was not sick nor absent," and, consequently, General Thomas, not being the head of a depart- ment, but only of a bureau of one of them, was not eligible to this appointment, and that, therefore, his appointment was illegal and void. The ninth article of impeachment, wherein the President is charged with endeavoring to induce General Emory to take orders directly from himself, is dealt with in a rather slight manner. Mr. Butler says, "If the transaction set forth in this article stood alone, we might well admit that doubts might arise as to the suffi- ciency of the proof;" but, he adds, the surroundings are so pointed and significant as to leave no doubt in the mind of an impartial man as to the intents and purposes of the President" — these intents being, according to Mr. Butler, "to induce General Emory to take orders directly from himself, and thus to hinder the execution of the Civil Tenure Act, and to prevent Mr. Stanton from holding his office of Secretary of War." As to the tenth article of impeachment, based upon various speeches of the President, Mr. Butler undertook to show that the reports of these speeches, as given in the article, were substantially correct; and accepted the issue made thereupon as to whether they are "decent and becoming the President of the United States, and do not tend to bring the office into ridicule and disgrace." After having commented upon the eleventh and closing article, tphicb charges the President with having denied the authority of 176 IMPEACHMENT TPJAL OF ANDREAV JOHNSON. the Thirty-ninth Congress, except so far as its acts were approved by him, Mr. Butler summed up the purport of the articles of im- peachment in these words: "The acts set out in the first eight articles are but the culmina- tion of a series of wrongs, malfeasances, and usurpations commit- ted by the respondent, and, therefore, need to be examined in the light of his precedent and concomitant acts to grasp their scope and design. The last three articles presented show the perversity and malignity with which he acted, so that the man as he is known m:iy be clearly spread upon reeord, to be seen and known of all men hereafter We have presented the facts in the con- stitutional manner; we have brought the criminal to your bar, and demand judgment for his so great crimes." The remainder of Monday, and a portion of the following day, were devoted to the presentation of documentary evidence as to the proceedings involved in the order for the removal of Mr. Stanton and the appointment of General Thomas. The prosecution then in- troduced witnesses to testify to the interviews between Mr. Stanton and General Thomas. They then brought forward a witness to show that General Thomas had avowed his determination to take forcible possession of the War Office. To this Mr. Stanbery, for the defense, objected. The Chief Justice decided the testimony to be admissible. Thereupon Senator Drake took exception to the ruling, on the ground that this question should be decided by the Senate — not by the presiding officer. The Chief Justice averred that, in his judgment, it was his duty to decide, in the first instance, upon any question of evidence, and then, if any Senator desired, to submit the decision to tha Senate. Upon this objection and appeal arose the first conflict in the Senate as to the powers of its presiding officer. Mr. Butler argued at length in favor of the exception. Al- hough, in this case, the decision was in favor of the prosecution, le objected to the power of the presiding officer to make it. This point was argued at length by the managers for the impeachment, who denied the right of the Chief Justice to make such decision. It was then moved that the Senate retire for private consultation on this point. There was a tie vote — 25 ayes and 25 nays. The Chief Justice gave his casting vote in favor of the motion for consulta- tion. The Senate, by a vote of 31 to 10, sustained the Chief Justice, deciding that "the presiding officer may rule on all questions of evidence and on incidental questions, which decision will stand as the judgment of the Senate for decision, or he may, at his option in the first, instance, submit any such question to a vote of the mem- bers of the Senate." In the further progress of the trial the Chief Justice, in most important cases, submitted the question directly to the Senate, without himself giving any decision. Next morning (April 1) Mr. Sumner offered a resolution to the effect that the Chief Justice, in giving a casting vote, "acted without authority of the Constitution of the United States." This was negatived by IMPEACHMENT TRIAL OF ANDREW JOHNSON. 177 n vote of '27 to 21, thus deciding that, the presiding officer had tho right to give ;i casting vote. The witness (Mr. Burleigh, delegate front Dakoiah), who had been called to prove declarations of General Thomas, was then asked whether, at an interview between them, General Thomas had said any thing as "to the means by which he intended to obtain, or was directed by the President to obtain, pos- session of the War Department." To this question Mr. Stanbery objected, on the ground that any statements made by General Thomas could not be used as evidence against the President. Messrs. Butler and Bingham argued that the testimony was admis- sible, on the ground that there was, as charged, a conspiracy be- tween the President and General Thomas, and that the acts of one conspirator were binding upon the ether; and, also, that in these acts General Thomas was the agent of the President. The Senate, by ;3'J to 11, decided that the question was admissible. Mr. Bur- leigh thereupon testified substantially that General Thomas in- formed him that he had been directed by the President to take possession of the War Department; that he was bound to obey his superior officer; that, if Mr. Stanton objected, he should use force, and if he bolted the doors they would be broken down. The wit- ness was then asked whether he had heard General Thomas make any statement to the clerks of the War Office, to the effect that, when he came into control, he would relax or rescind the rules of Mr. Stanton. To this question objection was made by the counsel of the President on the ground of irrelevancy. The Chief Justice was of opinion that the question was not admissible, but, if any Senator demanded, he would submit to the Senate whether it should be asked. The demand having been made, the Senate, by a vote of 28 to 2*2, allowed the question to be put, whereupon Mr. Burleigh testified that General Thomas, in his presence, called before him the heads of the divisions, and told them that the rules laid down by Mr. Stanton were arbitrary, and that he should relax them — that he should not hold them strictly to their letters of instruction, but should consider them as gentlemen who would do their duty — that they could come in or go out when they chose. Mr. Burleigh further testified that, subsequently, General Thomas had said to him that the only thing which prevented him from taking posses- sion of the War Department was his nrrest by the United States marshal. Other witnesses were called to prove the declarations of General Thomas. Mr. Wilkeson testified that General Thomas said to him that he should demand possession of the War Depart- ment, and, in case Mr. Stanton should refuse to give it up, he should call upon General Grant for a sufficient force to enable him to do so, and he did not see how this could be refused. Mr. Kar- sener, of Delaware, testified that he saw General Thomas at the President's house, told him that Delaware, of which State General Thomas is a citizen, expectevi him to stand firm; to which General Ihomas replied that he was standing firm, that he would not dis- 178 IMPEACHMENT TRIAL OF ANDREW JOHNSON. appoint his friends, but that, in a few days, he would "kick that fellow out," meaning, as the witness supposed, Mr. Stanton. Thursday, April '1<1. — various witnesses were introduced to tes- tify to the occurrences when General Thomas demanded possession of the War Department. After this General Emory was called to testify to the transactions which form the ground of the ninth arti- cle of impeachment. His testimony was to the effect that tho President, on the 22d of February, requested him to call; that, upon so doing, the President asked respecting any changes that had been made in the disposition of the troops around Washington; that ho informed the President that no important changes had been made, and that none could be made without an order from General Grant, as provided for in an order founded upon a law sanctioned by the President. The President said that this law was unconstitutional. Emory replied that the President had approved of it, and that it was not the prerogative of the officers of the army to decide upon the constitutionality of a law, and in that opinion he was justified by the opinion of eminent counsel, and thereupon the conversation ended. The prosecution then endeavored to introduce testimony as to the appointment of Mr. Edmund Cooper, the Private Secretary of the President, as Assistant Secretary of the Treasury, in support of the eighth and eleventh articles of impeachment, which charge the President with an unlawful attempt to control the disposition of certain public funds. This testimony, by a vote of 27 to 22, was ruled out. The prosecution now, in support of the tenth and eleventh arti- cles of impeachment, charging the President with endeavoring to "set aside the rightful authority of Congress,'' offered a telegraphic dispatch from the President to Mr. Parsons, at that time (January 17, 1807) Provisional Governor of Alabama, of which the following is the essential part: "I do not believe the people of the whole country will sustain any set of individuals in the attempt to change the whole charac- ter of our Government by enabling acts in this way. I believe, on the contrary, that they will eventually uphold all who have patri- otism and courage to stand by the Constitution, and who place their confidence in the people. There should be no faltering on the part of those who are honest in their determination to sustain the several coordinate departments of the Government in accordance with its original design." The introduction of this was objected to by the counsel for the President, but admitted by the Senate, the vote being 27 to 17. The whole of Friday, and a great part of Saturday, (April 3d and 4th,) were occupied in the examination of the persons who reported the various speeches of the President which form the basis of the tenth article, the result being that the reports were Bhown to be either substantially or verbally accurate. Then, alter IMPEACHMENT TRIAL OF ANDREW JOHNSON. 179 some testimony relating to the forms in which commissions to office were made out, the managers announced that the case for the prosecution was substantially closed. The counsel for the President thereupon asked that three working days should be granted them to prepare for the defense. This, after some discus- sion, was granted by the Senate by a vote of 37 to 9, and the trial was adjourned to Thursday, April 9th. THE DEFENSE. The opening speech for the defense, occupying the whole of Thursday, and a part of Friday, was made by Mr. Curtis. Re- serving, for a time, a rejoinder to Mr. Butler's argument as to the functions of the Senate when sitting as a Court of Impeachment, Mr. Curtis proceeded to a consideration of the articles of impeach- ment, in their order, his purpose being "to ascertain, in the first place, what the substantial allegations in each of them are, what is the legal proof and effect of these allegations, and what proof is necessary to be adduced in order to sustain them." The speech is substantially an elaboration of and argument for the points em- braced in the answer of the President. The main stress of the ar- gument related to the first article, which, as stated by Mr. Curtis, when stripped of all technical language, amounts exactly to these things: " First. That the order set out in the article for the removal of Mr. Stanton, if executed, would have been a violation of the Ten- ure-of-Office Act. "Second. That it was a violation of the Tenure-of-Office Act. " Third. That it was an intentional violation of the Tenure-of- Office Act. " Fourth. That it was in violation of the Constitution of the United States. "Fifth. That it was intended by the President to be so. "Or, to draw all these into one sentence, which I hope may be intelligible and clear enough, I suppose the substance of this first article is that the order for the removal of Mr. Stanton was, and was intended to be, a violation of the Constitution of the United States. These are the allegations which it is necessary for the honorable managers to make out in order to support that article." Mr. Curtis proceeded to argue that the case of Mr. Stanton did not come within the provisions of the Tenure-of-Office Act, being expressly excepted by the proviso that Cabinet officers should hold their places during the term of the President by whom they were appointed, and for one month thereafter, unless removed by the consent of the Senate. Mr. Stanton was appointed by Mr. Lin- coln, whose term of office came to an end by his death. He ar- gued at length against the proposition that Mr. Johnson was merely serving out the remainder of Mr. Lincoln's term. The 180 IMPEACHMENT TRIAL OF ANDREW JOHNSON. object of this exception, he said, was evident. The Cabinet officers were to be ''the immediate confidential assistants of the President, for whose acts he was to be responsible, and in whom he was ex- pected to repose the gravest honor, trust, and confidence; therefore it was that this act has connected the tenure of office of these offi- cers with that of the President by whom they were appointed." Mr. Curtis gave a new interpretation to that clause in the Consti- tution which prescribes that the President "may require the opin- ion, in writing, of the principal officer in each of the executive departments upon any subject relating to the duties of their several offices." He understood that the word "their" included the Presi- dent, so that he might call upon Cabinet officers for advice "relat- ing to the duties of the office of these principal officers, or relating to the duties of the President himself." This, at le:ist, he affirmed, had been the practical interpretation put upon this clause from the beginning. To confirm his position as to the intent of the Tenure- of-Office Act in this respect, Mr. Curtis quoted from speeches made in both houses at the time when the act was passed. Thus, Sena- tor Sherman said that the act, as passed — " Would not prevent the present President from removing the Secretary of AVur, the Secretary of the Navy, or the Secretary of State ; and, if I supposed that either of these gentlemen was so wanting in manhood, in honor, as to hold his place after the politest intimation from the President of the United States that his services were no longer needed, I certainly, as a Senator, would consent to his removal at any time, and so would we all." Mr. Curtis proceeded to argue that there was really no removal of Mr. Stanton; he still held his place, and so there was "no case of removal within the statute, and, therefore, no case of violation by removal." But, if the Senate should hold that the order for re- moval was, in effect, a removal, then, unless the Tenure-of-Office Act gave Mr. Stanton a tenure of office, this removal would not have been contrary to the provisions of this act. He proceeded to argue that there was room for grave doubt whether Mr. Stanton's case came within the provisions of the Tenure-of-Office Act, and that the President, upon due consideration, and having taken the best advice within his power, considering that it did not, and act- ing accordingly, did not, even if he was mistaken, commit, an act "bo willful and wrong that it can be justly and properly, and for the purposes of this prosecution, termed a high misdemeanor." Ho argued at length that the view of the President was the correct one, and that "the Senate had nothing whatever to do with the removal of Mr. Stanton, whether the Senate was in session or not." Mr. Curtis then went on to urge that the President, being sworn to take care that the laws be faithfully executed, must carry out any law, even though passed over his veto, except in cases where a law which he believed to be unconstitutional has cut off a power confided to him, and in regard to which he alone could make an IMPEACHMENT TRIAL OP ANDREW JOHNSON. 181 issue which would bring the matter before a court, so as to cause "a judicial decision to come between the two branches of the Gov- ernment, to see which of them is right." This, said he, is what the President has done. This argument, in effect, was an answer to the first eight articles of impeachment. The ninth article, charging the President with endeavoring to induce General Emory to violate the law by receiving orders directly from him, was very briefly touched upon, it being main- tained that, as shown by the evidence, 'the reason why the ^resi- dent sent, tor General Emory was not that he might endeavor to seduce that distinguished officer from his allegiance to the laws and Constitution of his country, but because he wished to obtain information about military movements which might require his personal attention." A? to the tenth article, based upon the President's speeches, it was averred that they were in no way in violation of the Consti- tution, or of any law existing at the time when they were made, and were not, therefore, impeachable offenses. The reply to the eleventh article was very brief. The managers bad "compounded it of the materials which they had previously worked up into others," and it "contained nothing new that needed notice." Mr. Curtis concluded his speech by saying that — "This trial is and will be the most conspicuous instance that has ever been, or even can be expected to be found, of American justice or of American injustice; of that justice which is the great policy of nil civilized States; of that injustice which is certain to be condemned, which makes even the wisest man mad, and which, in the fixed and unalterable order of God's providence, is sure to return and plague the inventor." At the close of this opening speech for the defense, General Lorenzo Thomas was brought forward as a witness. His testi- mony, elicited upon examination and cross-examination, was to the effect that, having received the order appointing him Secre- tary of War ad interim, he presented it to Mr. Stanton, who asked, "Do you wish me to vacate the office at once, or will you give me time to get my private property together?" to which Thomas re- plied, "Act your pleasure." Afterward Stanton said, "I don't know whether I will obey your instructions." Subsequently Thomas said that he should issue orders as Secretary of War. Stanton said he should not do so, and afterward nave him a writ- ten direction, not to issue any order except as Adjutant-General. During the examination of General Thomas a question came up which, in many ways, recurred upon the trial. He was asked to tell what occurred at an interview between himself and the Pres- ident. Objection was made by Mr. Butler, and the point was ar- gued. The question was submitted to the Senate, which decided, by a vote of 4'2 to 10, that it was admissible. The testimony of General Thomas, from this point, took a wide range, and, being 182 IMPEACHMENT TRIAL OF ANDREW JOHNSON. mainly given in response to questions of counsel, was, apparently, somewhat contrail ictory. The substance was that he was recog- nized by the President as Secretary of War; that, since the im- peachment, he had acted as such only in attending Cabinet mee;ings, but had given no orders; that, when he reported to the President that Mr. Stanton would not vacate the War Department, the President directed him to '-take possession of the office;" that, without orders fi»m the President, he had intended to do this by force, if necessary; that, finding that this course might involve bloodshed, he had abandoned this purpose, but that, after this, he had, in several cases, affirmed his purpose to do so, but that these declarations were " merely boast and brag." On the following day General Thomas was recalled as a witness, to enable him to correct certain points in his testimony. The first was the date of an un- important transaction; he had given it as taking place on the 21st of February, whereas it should have been the 22d. The second was that the words of the President were that he should "take charge," not "take possession" of the War Department. In explanation of the fact that he had repeatedly sworn to the words "take posses- sion," he said that these were "put into his mouth." Finally, Gen- eral Thomas, in reply to a direct question from Mr. Butler, said that his testimony on these points was "all wrong." Lieutenant-General Sherman was then called as a witness. After eome unimportant questions, he was asked in reference to an inter- view between himself and the President which took place on the 14th of January: "At that interview what conversation took place between the President and you in reference to the removal of Mr. Stanton?" To this question objection was made by Mr. Butler, and the point was elaborately argued. The Chief Justice decided that the question was admissible within the vote of the Senate of the previous day; the question then was as to the admissibility of evi- dence as to a conversation between the President and General Thomas; the present question was as to a conversation between the President and General Sherman. " Both questions," said the Chief Justice, "are asked for the purpose of procuring the intent of the President in the attempt to remove Mr. Stanton." The ques- tion b"ing submitted to the Senate, it was decided, by a vote of 28 to 23, that it should not be admitted. The examination of General Sherman was continued, the question of the conversation aforesaid being frequently brought forward, and as often ruled out by the Senate. The only important fact elicited was th:it the President had twice, on the 25th and 30th of January, tendered to General Sherman the office of Secretary of War ad interim. On Monday, April 13th, after transactions of minor importance, the general matter of the conversations between the President and General Sherman again came up, upon a question propounded by Senator Johnson — "When the President, tendered to you the office of Secretary of War ad interim, did he, at the very time of making IMPEACHMENT TRIAL OF ANDREW JOHNSON. 183 such tender, state to you what his purpose in so doing was?' This was admitted by the Senate, by a vote of 26 to 22. Senator John- son then added to his question, "If lie did, what did he state his purpose was? " This was admitted, by a vote of 25 to 26. The tes- timony of General Sherman, relating to several interviews, was to the effect that the President said that the relations between him- self and Mr. Stanton were such that he could not execute the office of President without making provision to appoint a Secretary of War ad interim, and he offered that office to him (General Sherman), but did not state that his purpose was to bring the matter directly into the courts. Sherman said that, if Mr. Stanton would retire, he might, although agaiust his own wishes, undertake to adminis- ter the office ad interim, but asked what would be done in case Mr. Stanton would not yield. To this the President replied, "He will make no opposition; you present the order, and he will retire. I know him better than you do; he is cowardly." General Sherman asked time for reflection, and then gave a written answer, declin- ing to accept the appointment, but stated that his reasons were mostly of a personal nature. On the 14th the Senate adjourned, on account of the sudden ill- ness of Mr. Stanbery. It re-assembled on the loth, but the proceed- ings touched wholly upon formal points of procedure and the introduction of unimporiant documentary evidence. On the 16th Mr. Sumner moved that all evidence not trivial or obviously irrel- evant shall be admitted, the Senate to judge of its value. This was negatived by a vote of '23 to 11. The 17th was mainly taken up by testimony as to the reliability of the reports of the President's speeches. Mr. Welles, Secretary of the Navy, was then called to testify to certain proceedings in Cabinet Council at the time of the appointment of General Thomas. This was objected to. The CUef Justice decided that it was ad- missible, and his decision was sustained by a vote of 26 to 23 The defense then endeavored to introduce several members of the Cab- inet, to show that, at meetings previous to the removal of Mr. Stanton, it was considered whether it was not desirable to obtain a judicial determination of the unconstitutionality of the Tenure-of- Ofiice Act. This question was raised in several shapes, and its ad- mission, after thorough argument on both sides, as often refused, in the last instance by a decisive vote of 30 to 19. The defense con- sidered this testimon}' of the utmost importance, as going to show that the President had acted upon the counsel of his constitutional advisers, while the prosecution claimed that he could not plead in justification of a violation of the law that he had been advised by his cabinet, or any one else, that the law was unconstitutional. His duty was to execute the laws, and, if he failed to do this, or vio- lated them, he did so at his own risk of the consequences. With the refusal of this testimony, the case, except the final summiugs ud and the verdict of the Senate, was virtually closed. 184: IMPEACHMENT TRIAL OF ANDREW JOHNSON. The case had been so fully set forth in the opening speeches of Messrs. Butler and Curtis, and in the arguments which came up upon points of testimony, that there remained little for the other counsel except to restate what had before been said. After the evidence had been closed the case was summed up, on the part of the managers by Messrs. Boutwell, Williams, Stevens, and Bingham in oral arguments, and Air. Logan, who filed a writ- ten argument, and on the part of the President by Messrs. Nelson, Groesbeck, Stanbery, and Kvarts. Many of these speeches were distinguished by great brilliancy and power, but, as no new points were presented, we omit any summary. The Court decided to take a vote upon the articles on Tuesday, the 12th of May, at 12 o'clock, M. A secret session was held on Monday, during whicli several Senators made short speeches, giv- ing the grounds upon which they expected to cast their votes. On Tuesday the Court agreed to postpone the vote until Saturday, the 16th. Upon that day, at 12 o'clock, a vote was taken upon the elev- enth article, it having been determined to vote on that article first. The vote resulted in 35 votes for conviction, and 19 for acquittal. The question being put to each Senator, "How say you, is the re- spondent, Andrew Johnson, President of the United States, guilty or not guilty of a high misdemeanor as charged in the article?" — those who responded guilty were Senators Anthony, Cameron, Cat- tell, Chandler, Cole, Conkling, Conness, Corbett, Cragin, Drake, Edmunds, Ferry, Frelinghuysen, Harlan, Howard, Howe, Morgan, Morrill, of Vermont, Morrill, of Maine, 0. P. Morton, Nye, Patter- son, N. H. Pomeroy, Sherman, Spiague, Stewart, Sumner, Thayer, Tipton, Wade, Willey, Williams, Wilson, and Yates. Those who responded not guilty were Senators Bayard, Buckalew, Davis, Dixon, Doolittle, Fesscnden, Fowler, Grimes, Henderson, Hen- dricks, Johnson, M'Creery, Norton, Patterson, of Tennessee, Ross, Saulshury, Trumbull, Van Winkle, and Vickers. The Constitution requiring a vote of two-thirds to convict, tho President was acquitted on this article. After taking this vote the Court adjourned until Tuesday, May 26th, when votes were taken upon the second and third articles, with precisely t lie same result as on the eleventh, the vote in each case standing 35 for conviction and 19 for acquittal. A verdict of acquittal on the second, third, and eleventh articles was then ordered to be entered on the record, and, without voting on the other-articles, the Court adjourned sine die. So the trial was ended, and the President acquitted. CHRONOLOGICAL RECORD CENTURY OF INDEPENDENCE. FIRST PERIOD: FROM DISCOVERY OF AMERICA TO AMERICAN REVOLUTION 1492. San Salvador, the first land discovered in America by Christopher Columbus, Oct. 12; Cuba, Oct 27; His- paniola, Dec. 6. 1493. A Spanish Colony at Hispaniola. Second voyage of Columbus. 1495. May 3. — Jamaica discovered by Columbus. 1496. Sebastian Cabot discovers Newfoundland for Henry VII. of England, and by him called Prima Vista. Third voyage of Columbus. 1498. The eastern coast of North America found by Americus Vespucius, after whom America was finally named. 1502. The continent of America discovered by Columbus. Fourth voyage of Columbus. Coast of North America explored by Cortereal, a Portu- guese. 1506. May 15.— Columbus died at Valladolid. 1507. The New World first called America, after Amerigo Ves- pucci, by Waldseemuller, of Fribourg. Board of American Trade established at Seville. 1508. The Spaniards colonize Cuba, Jamaica, and Porto Rico. Negro slaves imported into Hispaniola. 1510. Settlement at Darien. 1511. Cuba conquered by 300 Spaniards. 16 185 186 CHRONOLOGICAL RECORD. 1512. Florida discovered by Ponce de Leon. 1517. First patent for importing negroes into America granted by Spain. Mexico discovered by Francisco Fernandez. 1521. Mexico conquered by tbe Spanish, under Cortez. 1524. Verazzanni, a Florentine navigator, in the service of France, explores the coast of America from the Caroli- nas to Newfoundland. 1527. The Bermudas discovered by Juan Bermudas, a Spaniard. 1534. James ('artier discovered the St. Lawrence River, and took possession of the whole country in the name of the King of France. 1535. The mint of Mexico, the richest in the world, begun. 1536. California discovered by Cortez. Ferdinand de Soto, with a fleet of 10 vessels and a gay company of 600 men, land at Tampa Bay and com- mence their march into the interior. 1541. Mississippi River discovered by De Soto. 1542. De Soto dies, and is buried in the Mississippi River. 1553. New Mexico discovered by the Spaniards. 1564. Coligny sends a colony of Huguenots to Florida; they are destroyed by the Spaniards. 1565. St. Augustine, Fla., settled by the Spaniards. 1576. Greenland visited by Frobisher. 1583. Tobacco first carried from Virginia to England. 1584. Virginia visited by Sir Walter Raleigh. Miles Standish born — a military leader of the Pilgrims in New England. He died in 1656. 1585. Davis' Strci.it discovered by the English navigator whose name it bears. John Cotton, a learned divine of Boston, born. He died in 1652. First English colony in America, founded at Roanoke. 1587. John Winthrop, Governor of the Colony of Massachu- setts, born. Died in 1649. 1588. William Bradford, second Governor of Plymouth Colony, born. Died in 1657. 1594. Edward Winslow, Governor of Plymouth Colony, born. Died in 1643. 1601. Roger Williams born. He founded Rhode Island. Died in 1683. Acadia colonized by the French. 1602. Cape Cod discovered by Bartholomew Gosnold. 1603. Martin Bring, an English navigator, examines the shores and large rivers of Maine, and the coast as far as Mar- tha's Vineyard. CHRONOLOGICAL RECORD. 187 1604. John Eliot, "The Apostle to the Indians," born. Died in 1690. 1605. Quebec founded by the French. 1606. Martin Pring makes a second and more accurate survey of the coast of Maine. The London and Plymouth Companies receive Charters. 1607. Virginia, sometimes called the Old Dominion, settled in April, at Jamestown, on the James River, by the London Company — the first white settlement in the United States. A settlement commenced at the mouth of the Kennebec River, Maine, by the Plymouth Company. 1609. Sir John Summers cast away on the Burmuda Islands. Plot of the Indians disclosed by Pocahontas. Hudson's Bay discovered by Henry Hudson. 1610. The Virginia Colony reduced from nearly 500 to 60. 1613. Pocahontas married to Mr. John Rolf. The Dutch erect some trading posts at the mouth of the Hudson River. 1614. New York City founded by the Dutch. North Virginia called New England by Prince Charles. 24 natives of New England carried oft* and sold by Hunt. Capt. John Smith explores the coast of New England. 1616. Baffin's Bay discovered by Win. Baffin, an Englishman Settlement of Virginia by Walter Raleigh. 1617. Most of the inhabitants from Narragansett to Penobscot swept away by war and pestilence. 1620. The first negro slaves in the English colonies of North America were brought to Virginia in a Dutch vessel- of-war. Dec. 21 (Dec. 11, O. S.). — First settlement in New Eng- land, at Plymouth, Mass. 1621. A treaty made with Massasoit. 1622. March 27. — Massacre of 347 Virginians by the Indians. 1623. New Hampshire settled at Little Harbor and Dover. Albany, Capital of New York, settled by the Dutch, and called Beaverwyck. 1624. New Jersey settled. 1625. JohnEndicott settles at Salem, Mass. Massachusetts Bay Colony founded. Charlestown, Mass., founded. 1629. First church in Massachusetts formed at Salem. First permanent settlement of the Dutch at Manhattan. 1630. Arrival of Governor Winthrop at Boston, with about 1,50C emigrants. Dorchester, Roxbury, and Cambridge founded. 188 CHRONOLOGICAL RECORD. 1631. First vessel built in Massachusetts, called the "Blessing of the Pay," launched July 4. John Smith, celebrated in Virginia history, dies. Aged 52 years. 1633. Connecticut settled at Windsor by Holmes, from Mass. 163-4. Maryland settled at St. Mary's, on the Potomac, by 200 Catholics. 1635. The Saybrook Colony, Conn., established. 1636. Providence, R. ]., settled by Roger Williams. 1637. War with the Pequot Indians — Connecticut. First Synod at Newtown, occasioned by Ann Hutchinson. 1638. Delaware settled by the Swedes, near Christian Creek. The New Haven Colony established. Harvard College, the first college in the United States, es- tablished at Cambridge, Mass., by John Harvard. 1639. Settlements on the Connecticut united as the Connecticut Colony. Fh"st printing in America, at Cambridge, Mass. "The Freeman's Oath" and an almanac printed. 1640. Number of emigrants to America to this date— 20 000. 1641. New Hampshire united with Massachusetts. 1643. Confederacy formed, under the name of United Colonies of New England, for mutual defense. 1644. The Connecticut and Saybrook Colonies unite. The second Indian massacre occurs in Virginia. The two settlements in Rhode Island united under the name of Rhode Island. 1645. Clayborne's rebellion in Maryland. 1646. Act of Massachusetts Legislature for carrying the Gos- pel to the lndiaus. John Eliot preaches to the Indians. Second Synod of Massachusetts. Thomas May hew, preacher to the Indians, shipwrecked. 1647. Epidemic through America. 1650. North and South Carolina settled. Conversion of the Indians on Martha's Vineyard, Mass. 1651. The Navigation Act passed by the English Parliament 1652. Voluntary submission of Maine to Massachusetts. Gorton and Roger Williams make a decree against slav- ery in Rhode Island. 1655. Law in Massachusetts requiring that "All hands not necessarily employed on other occasions, such as women, boys, and girls, should spin according to their skill and ability." A civil war occurs in Maryland. 1656. Persecution of the Quakers in Massachusetts. CHRONOLOGICAL RECORD. 189 1656. Ann Hibbins, of Boston, executed for witchcraft. 1663. Carolina granted to Lord Clarendon and seven other no- blemen of England by Charles II. The Albemarle County Colony formed. 1664. New Netherlands taken by the English from the Dutch, and named Ncav York. New Jersey granted to Lord Berkely and Jeo. Carteret. First settlement at Elizabethtown (now Elizabeth). J. Eliot's Indian Bible, one of the first books printed in America at Cambridge. 1665. The Clarendon County Colony established. The Connecticut and New Haven Colonies united. Six towns of Christian Indians in Massachusetts. 1667. The ceding of New York to the English confirmed by the peace of* Breda. 1670. Bees first introduced into New England by the English. South Carolina settled, on the Ashley River. Conclusion of the American Treaty between England and Spain. 1672. White slaves bought in England, and brought to Vir- ginia. Average price for five years' service, £5 ; while a negro was Worth £25. 1673. Virginia ceded to Culpepper and Arlington. 1675. War with Philip, King of the Wampanoags, in New England. Indian War in Virginia. 1676. King Philip killed, and his tribe destroyed. Bacon's rebellion breaks out in Virginia. Jamestown burned. 1677. Virginia becomes a proprietary Government, with Cul- pepper as Governor. 1679. New Hampshire made a royal province (first time). 1680. Settlement begun at Charleston, S. C. 1681. Pennsylvania granted by James II, to William Penn. 1782. Philadelphia founded by William Penn. The Duke of York grants Delaware to William Penn. 1686. Sir Edmund Andros appointed Royal Governor of New England. 1687. The Connecticut Charter hid in the " Charter Oak." 1688. New York and New Jersey added to the jurisdiction of New England. War with the Indians in New England, which continued several years. 1689. King William's war commenced, and continued 8 years. 1690. Port Royal captured by the English, under Sir Win. Phipps. 190 CHRONOLOGICAL RECORD. 1690. An expedition against Canada unsuccessful. English settlements of Schenectady, N. Y. ; Casco, Me.; and Salmon Falls, N. H., destroyed by the French. 1693. The Salem witchcraft delusion prevailed. William and Mary's College, the second in the United States, founded in Virginia. Episcopacy introduced into New York. 1696. 3(3 Indian churches in New England. 1697. The Treaty of Ryswick ends King William's war. 1698. Number of Indians in Massachusetts — about 4,000. 1 700. Yale College founded at New Haven, Conn. 1702. Queen Anne's war begun. 1704. Capt. Church's expedition against the Indians. '• Boston News Letter " — first American periodical. 1709. First paper-money in New Jersey. 1710. Port Royal captured a second time by the English. First post-office in New York. 1712. 137 people in the vicinity of Roanoke murdered by Tus- caroras. 1713. The Treaty of Utrecht ended Queen Anne's war. Acadia (Nova Scotia) ceded to the English by the French. (See Longfellow's " Evangeline.") 1715. Indian War in South Carolina. The Tuscaroras driven out of North Carolina, after 3 years' war. 3717. The city of New Orleans founded by the French. 1719. First Philadelphia newspaper. 1721. First New York newspaper. 1724. Vermont settled by Massachusetts colonists. Trenton, N. J., founded. 1727. Earthquake in New England. 1729. Carolina separated into North and South Carolina. Massacre of French at Fort Rosalie (Natchez). Baltimore founded, and named in honor of Lord Balti- more. 1732. Feb. 22. — Geo. Washington born, at Pope's Creek, Vir- ginia. Franklin's " Poor Richard's Almanac " — Philadelphia — the first of any note in the United States. 1733. Georgia settled by Gen. Oglethorpe, at Savannah. 1734. First lodge of Freemasons in America, at Boston. 1735. Ravages of throat distemper in New Hampshire and Massachusetts. 1738. Nassau Hall College, Princeton, N. J., founded. 1710. Tennessee first explored. 1741. New Hampshire becomes a separate royal provinoe. CHRONOLOGICAL RECORD. 191 1744. Kins; George's war commenced. 1745. Louisburg and Cape Breton taken by the English from the French. 1747. David Brainard and Benjamin Coleman die. 1748. Treaty of Aix-la-Chapelle ends King George s war. 1753. Georgia becomes a royal province. Oct. 31. — Washington sent with a letter from Gov. Din- widdie, of Virginia, to the French. 1754. May 28. — Washington defeats the French at Great Meadows. July 4. — Washington capitulated at Fort Necessity, with permission to return to Virginia. The Quakers abolish slavery among themselves. 1755. Moncton expels the French from Nova Scotia. July 9. — Battle of the Monongahela — Braddock defeated, and mortally wounded. Sept. 8. — Dieshau defeats the English near Lake George. He is afterward defeated, and mortally wounded. War declared between England and France. Aug. 14. — The French, under Montcalm, capture Os- wego. Armstrong defeats the Indians at Fort Kittanning. 1757. Aug. 9. — Fort William Henry surrendered by Webb to Montcalm. 1758. July 8. — Abercrombie repulsed by Montcalm atTiconder- oga. July 26. — The English take Louisburg. Aug. 27. — English, under Bradstrect, capture Fort Fron- tenac. Fort Du Quesne captured by the English. 1759. The English, under Johnson, capture Fort Niagara. July 31. — Wolfe defeated at the battle of Montmorenci. Montcalm defeated by Wolfe on the plains of Abraham. Sept. 13.— Wolfe killed. Sept. 18. — Quebec surrenders to the English. 1760. AH Canada surrendered to the English. 1762. Severest drought ever known in America. 1763. Feb. 10. — Treaty of Paris ends the French and Indian war. 1764. Pontiac's war with the Indians. 1765. Mar. 8. — Parliament passes the Stamp Act. Oct. 7. — Colonial Congress met at New York. 1766. March 18. — Stamp Act repealed. IT 67. June 29. — Bill passed taxing tea, glass, paper, etc., in the American colonies. Expulsion of Jesuits from Mexico. 192 CHRONOLOGICAL RECORD. 1768. Massachusetts assembly petition the King against the late tax. Oct. 1. — A body of British troops land at Boston. 1769. Daniel Boone explores Kentucky. 1770. March 5. — Afl'ray, known as the "Boston Massacre," occurs. 1771. May 16. — Bnttle of Alniansee. North Carolinians de- feated by Gov. Tryon. 1773. Dec. 16 — The inhabitants of Boston throw 342 chests of the taxed tea into the sea. 1774. March 31. — The Boston Port Bill passed by Parliament. Sept. 5. — The first Continental Congress meets at Phila- delphia. SECOND PERIOD: FROM THE AMERICAN REVOLUTION TO THE GREAT RE- BELLION. 1775. April 19. — The war for American Independence com- mences with the Battle of Lexington. May 10. — Allen and Arnold capture Ticonderoga. May 25. — Reinforcements arrive at Boston, under Howe, Burgoyne, and Clinton. June 15. — Washington elected Commander-in-Chief of the American army. June 17. — Battle of Bunker Hill — Gen. Warren killed. Sept. 10. — American forces, under Montgomery, invade Canada. Nov. 13. — Montreal surrendered to Montgomery. Dec. 31. — Montgomery defeated and slain at Quebec. 1776. March 17. — British troops evacuate Boston. Boston occupied by Washington. June 18. — Evacuation of Canada by the Americans. June 28. — The British repulsed at Ft. Moultrie, Charleston. July 4. — America is declared " free, sovereign, and inde- pendent" — a declaration which is signed by the fol- lowing States : New Hampshire, Massachusetts, Rhode Island, Connecticut, Delaware, Maryland, Virginia, North Carolina, South Carolina, New York, New Jer- sey, Pennsylvania, and Georgia. Nov. 16. — Fort Washington captured by the English. Nov. 28. — Washington crosses the Delaware. 1777. April 26. — Gen. Tryon burns the town of Danbury, Conn. CHRONOLOGICAL RECORD. 193 1777. May 2.3. — Col. Meigs destroys the British shipping at Sag Harbor. June 16. — Gen. Burgoyne invades New York. July 5. — Ticonderoga captured by Burgoyne. July 10. — Gen. Preseott, commander at Long Island, tured. July 31. — The Marquis de La Fayette joins the American army. Aug. 3. — Fort Schuyler besieged by St. Leger. Oct. 17. — Burgoyne surrenders his army to Gates at Sar- atoga. Nov. 15. — Congress adopts a Federal Government. Dec. 11. — American army goes into winter quarters at Valley Forge. Dec. 16. — France acknowledges the independence of the United States. 1778. Feb. 6. — Treaties of Amity and Commerce adopted be- tween the United States and France. Nov. 11 — Massacre at Cherry Valley by Tories and In- dians. Dec. 29. — Campbell captured Savannah. 1779. May 13.— Siege of Charleston, S. C. Aug. 29. — Gen. Sullivan defeats the Indians. Sept. 23. — Paul Jones gained a victory off the coast of England. 1780. May 12. — Lincoln surrendered Charleston to Clinton. Aug. 18. — Arnold plotted to betray West Point to the British. Oct. 2. — Maj. Andre, a British officer, executed as a spy. 1781. Jan. 1. — Pennsylvania troops revolt. Jan. 18. — New Jersey troops revolt. Feb. — Articles of Confederation ratified by the States. Oct. 19. — Surrender of Cornwallis at Yorktown. 1782. Oct. 8. — Independence of United States acknowledged by Holland. Nov. 3. — Temporary Treaty of Peace signed at Paris. 1783. July 11. — Savannah evacuated by the British. Sept. 3. — Treaty of Peace signed at Paris. Nov. 3. — American army disbanded. Nov 25. — New York evacuated by the British. Dec. 19. — Charleston evacuated by the British. Dec. 23. — Washington resigns his commission to Congress. 1785. June 1. — John Adams, first Minister from U. S. to London. 1786. Nov. — Shay's insurrection broke out in Massachusetts. Major-General Greene died. 1787. July 20. — James Whit-taker, first Shaker preacher, died 17 194 CHRONOLOGICAL RECORD. at Enfield, Conn., aged 36 years. Born at Oldham, Eng.; came to this country with the celebrated Mother Ann Lee, in 1774. Elder Whittaker may be considered the John Wesley of American Shakers. 1787. First Colonial See of the Anglican Church, erected in Nova Scotia. Sept 17. — Constitution of the United States adopted by all the States, except Rhode Island. 1788. Cotton planted in Georgia. 1789. March 3. — First Congress, under the new Constitution, meets. April 14. — George Washington declared the first Presi- dent of the United States. Ethan Allen and Gen. Knyphausen died this year. 1790. First census of the United States taken — population, 3,929,326. Treaty concluded with the Creeks. The territory South of the Ohio River ceded to the United States. Oct. 17, 22. — Indians defeat Gen. Ilarmer, near Ft. Wayne, Ind. 1791. First United States Rank established at Philadelphia. Nov. 4. — St. Clair defeated by the Indians in Western Ohio. 1792. United States mint established. 1793. March 3. — Washington again inaugurated President. Neutrality declared in regard to France. John Hancock, Roger Sherman, and John Manly, died this year. 1794. Aug. 20. — Gen. Wayne defeats the Indians on the Maumee. Nov. 19. — Commercial Treaty concluded with Great Brit- ain. The Whisky Insurrection in Pennsylvania. Gen. Sullivan, Richard Henry Lee, and Dr. Witherspoon, died. 1795. June 24. — Jay's Treaty with Great Britain ratified. Gen. Francis Marion and President Ezra Stiles, of Yale College, died. 1796. Death of Anthony Wayne and David Rittenhouse this year. Washington resigns. 1797. July. — Congress declares the treaties with France an- nulled. 1798. May. — Congress passes an Act for raising a regular army. June. — Washington appointed Lieutenant General and Commander-in-Chief. 1/99. American n»vy consists of 42 vessels, with 950 guns. Pennsylvania seat of government removed to Lancaster. CHRONOLOGICAL RECORD. 195 1799. Dec. 14. — Washington dies at Mount Vernon, Va. 1800. Aug. — United States seat of Government removed fron< Philadelphia to Washington. Treaty of Peace concluded with France. 1801. June 10. — Tripoli declared war against the United States Exports of the United States— $93,000,000. 1802. Louisiana ceded to France by Spain. Gen. Daniel Morgan* died. Aged 66 years. 1803. March 2. — Samuel Adams, distinguished statesman, died Aged 81. April 30. — Louisiana purchased of France for $15,000,000. Commodore I'reble sent against Tripoli. United States frigate "Philadelphia" taken by the Tr.ipol- itans. 1804. Brown University, R. I., founded. Feb. 15. — Decatur recaptures and destroys the " Phila- delphia." Commodore Preble bombards Tripoli. April 29 — Eaton captured Derne, a Tripolitan city. June 3. — Treaty of Peace concluded with Tripoli. July 11. — Aaron Burr kills Alexander Hamilton in a duel. Pennsylvania Academy of Fine Arts founded. 1807. Jan. 27. — Aaron Burr arrested for conspiracy. June 22. — British Frigate " Leopard " attacks the United States frigate ''Chesapeake." July 2. — British armed vessels ordered to leave the U. S. Dec. 22. — Congress lays an embargo on American ships. Com. Barron, of the " Chesapeake," suspended for 5 years. 1808. Jan. 1. — The African slave-trade abolished. 1809. March 1. — Congress interdicted commerce with England and France. 1811. May 16.— U. S. frigate "President" defeats the "Little Belt." Nov. 7. — Gen. Harrison defeats the Indians at Tippecanoe. Population of the United States— 7,239,903. 1812. Jan. 11. — An additional force of 10,000 men authorized. June 18. — Wa«r declared against Great Britain. July 12. — Gen. Hull invades Canada. July 17. — Fcrt Mackinaw surrendered to the British. Aug. 5. — Americans defeated near Brownstown. " 9. — Americans defeat the British near Brownstown. " 16. — Gen. Hull surrenders Detroit to Gen. Brock. Sept. — Gen. Harrison takes command of the Northwest- ern army. 1813. Jan. 22. — Gen. Winchester defeated at Frenchtown. April 27. — York (now Toronto) captured by the Americans. 196 CHRONOLOGICAL RECORD. 1813. May 1 — Ft. Meigs besieged by the British— Gen. Clay defeated. " 5. — Proctor defeated at Ft. Meigs by Harrison and Clay. " 27. — Capture of Ft. George, Canada, by the Americans. " 29. — The British repulsed by Brown at Sackett's Harbor. Aug. 2. — The British repulsed at Ft. Stephenson by Maj. Croghan. " 30. — Creek war begins by the massacre at Ft. Mims. Oct. 5. — Battle of the Thames — Proctor defeated by Har- rison. Tecumseh killed. 1814. March 27. — Battle of Tohopeka, which ended the Creek war. " 30.— The British defeat Gen. Wilkinson at La Colle. July 3. — Fort Erie captm-ed by Gen. Brown. Aug. 15. — British repulsed at Fort Erie. " 24. — Gen. Ross enters Washington and burns the Capitol. Sept. 12. — Battle of Baltimore, or North Point. " 13.— British fleet repulsed at Fort Mcllenry. " 17. — Gen. Brown attacks the British works at Fort Erie. Nov. 7. — Gen. Jackson drives the British out of Pensa- cola. Dec. 14.— United States flotilla captured on Lake Borgne. " 15. — Delegates to the Hartford Convention meet. They oppose the war. Dec. 24. — Treaty of Peace between the United States and England signed at Ghent. 1815. Jan. 1. — The British defeated at New Orleans. March 2. — The United States declared war against Algiers. May 21. — Commodore Decatur sent with a squadron against Algiers. 1816. April 10. — United States Bank chartered for 20 years. 1817. Jan. 1. — United States Bank opened at Philadelphia. Commencement of the Seminole war. 1818. April. — The Seminoles defeated and dispersed by Gen. Jackson. 1819. Feb. — Treaty of Amity for the cession of Florida to the United States. May. — The "Savannah" — the first steamer from New York to Liverpool. Aug. 23. — Commodore Perry dies in the West Indies. 1820. March 3. — Missouri Compromise passed. 1822. Florida made a territory. CHRONOLOGICAL RECORD. 197 1824. Aug. 15.— The Marquis de La Fayette visits the U. S. 1826 Feb. 13. — American Temperance Society instituted at Boston. July 4. — Ex-Presidents John Adams and Thomas Jeffer- son died. 1830. May 7. — Treaty between the United States and the Otto- man Porte. The ports of the United States again opened to British coifinierce. 1832. The Black Hawk war commences. Cholera in New York. Nov. 24.— South Carolina declares the doctrine of nullifi- cation. Gen. Jackson issues his celebrated proclamation. 1833. March 4.— Andrew Jackson commences his second ad- ministration. Gen. Santa Anna elected President of Mexico. 1834. President Jackson censured by Congress for removing Government deposits. 1835. War with the Seminolea commenced. Great fire in New York. 1837. Dec. 25. — Gen, Taylor defeats the Indians at Okeechobee. " 28. — Steamer "Caroline" burned by Canadian roy- alists. The Independence of Texas acknowledged. 1838. Rebellion of the "Sons of Liberty," in Canada. President prohibits American citizens aiding the Cana- dians. Nov. 7. — Battle of Prescott, U. C. — the rebellion sup- pressed. National debt of United States paid — surplus revenue di- vided among the States. Mexico declares war against France. 1839. March 9. — Peace concluded between France and Mexico. Oct. 9. — United States Bank suspends payment. Disturbances on the north-eastern boundary of Maine. 1841. Upper and Lower Canada united into one province. April 4. — President Harrison dies and John Tyler suc- ceeds him. May 31. — Congress meets in extra session. Aug. 9. — The Sub-Treasury Act repealed. " 18. — Bankrupt Act passed. 1842. The Dorr Insurrection in Rhode Island. The Seminole war terminated. Treaty with England settling North-eastern Boundary Question. 198 CHRONOLOGICAL RECORD. 1843. June 9. — Washington Allston, painter, died at Cambridge. Aged 64. 1845. Anti-rent riots in New York. Mexico declares war against the United States. 1846. April 24. — Hostilities commence with Mexico. May. — The Mexicans bombard Fort Brown. " 18. — Taylor crosses the Rio Grande and takes Mata- moras. July 6. — Com. Sloat takes possession of California. Aug. 22. — New Mexico annexed to the United States. Nov. 14. — Tampico, Mexico, occupied by United States troops. 1847. Jan. — Mexicans massacre Americans in New Mexico. March 29. — Vera cruz surrenders to Gen. Scott. Sept. 12-14. — Chepultepec stormed, and city of Mexico taken by assault, by the Americans, under Gen. Scott. 1848. Feb. 2. — Upper California ceded to the United States. " 22. — Treaty of Peace with Mexico signed at Guada- loupe, Hidalgo. Cultivation of the tea-plant commenced in South Carolina. Dec. 8. — First deposit of California gold in the Mint. 1849. April 25. — Parliament House at Montreal burned by in- surgents. 1850. July 9.— Death of President Taylor. " 10. — Inauguration of Millard Fillmore. Sept. 18. — The Fugitive Slave Act passed. Texas Boundary settled by payment of $10,000,000 to Texas. New Mexico and Utah admitted as Territories. Slave-trade abolished in the District of Columbia. 1851. April 16. — The light-house in Boston Harbor carried away. May 8. — Southern Right's Convention at Charleston, S. C. Nov. — The frigate "Mississippi" sent to Turkey for Kos- suth. Dec. — Kossuth arrives in New York. " 14. — Principal room of the Congressional library burned. 1852. Jan. — The Ohio State House burned. 1853. May 30. — Dr. Kane sails on his Arctic expedition. July 8. — Com. Perry's expedition arrived at Japan. Dec. 16. — Santa Anna elected Dictator of Mexico for life. 1854. Jan. 5. — Steamer 5 Barley, Felix O. C, Artist 1822 Davies, Charles, Mathematician 1'98 Davis, Charles Henry, Mathematician and Naval officer 1807 Davis, John, Statesman 1787 1854 Deane, Silas, Diplomatist 1737 l/b9 De Bo it, James D. B , Journalist and Statistician 1820 1807 Decatur, Stephen, Naval officer 1779 1820 Dexter, Samuel, Lawyer and Statesman 1761 1810 Dickinson, Anna Elizabeth, Orator and Reformer 1842 — — Dickinson, John, Statesman 1732 1808 Dix, John A., Soldier, Lawyer and Statesman 1798 — — Dixon, Joseph, Inventor 1798 1869 Dodge, Mary Abigail, Author 1838 Douglass, Frederick, Orator and Journalist 1817 — — Douglas, Stephen Arnold, Statesman 1813 1861 Downing, Andrew Jackson, Horticulturist 1815 — — Drake, Joseph Rodman, Poet 1895 1820 Drake, Samuel Gardner, Historical writer 1798 Diaper, John William, Chemist and Physiologist 1811 -— Duchi, Jacob, Clergyman 1739 1798 Duuglison, Robley, Physician and Author 1/98 18b9 Dunlap, William, Painter and Author 1766 1839 Dupont, Samuel Francis, Naval officer 1803 1865 Durant, Asher Brown, Painter and Engraver 1796 Duyckinck, Evert Augustus, Author 1816 — — Dwight, Timothy, Clergyman and Scholar 1/52 1817 Edwards, Jonathan, Metaphysician 1703 1758 Eliot, John, Apostle to the Indians 1603 1690 Eliot, Samuel, Author 1821 Ellis, George Edward, Clergyman and Author 1814 — — Ellsworth, Oliver, Jurist 1745 1807 Emerson, George Barrel!, Educator 1797 Emerson, Ralph Waldo, Essayist 1803 ■ Emory, William Helmsley, Military officer 1812 Ericsson, John, Inventor - 1803 _^_ EMINENT MEN AND WOMEN. 233 BORN DIED Everett, Alexander Hill, Scholar and Diplomatist 1790 1817 Everett, Edward, Scholar and Orator 1794 1865 Fanenil, Peter, Merchant 1700 1743 Farragnt, David (jUascoe, Naval officer 18U1 1870 Felton, Cornelius Conway, Scholar and Author 1807 1862 Fesseudeu, William Pitt, Lawyer and Senator 1806 1869 Fillmore, Millard, Thirteenth President 1800 1874 Fitch, John, Inventor 17« 1798 Flint, Austin, Physician 1812 Foote, Andrew Hull, Naval officer 1806 1863 Force, Peter, Historian 1790 1868 Forney, John Weiss, Journalist 1817 Forrest, Edwin, Tragedian 1806 1872 Fowler, Orson Squire, Phrenologist 1809 Franklin, Benjamin, Philosopher and Statesman 1706 1790 Fremont, John Charles, Explorer 1813 Freneau, Philip, Poet 1752 1832 Frothiugham, Richard, Jr., Historian and Journalist 1812 Fuller, Sarah Margaret, Author 1810 1850 Fulton, Robert, Inventor 1765 1815 Gallagher, William D., Poet and Journalist 1808 Gallatin, Albert, Statesman 1701 1849 Garrison, William Lloyd, Anti-Slavery Agitator 1804 Gerry, Elbridge, Statesman 1744 1814 Girard, Stephen, Merchant and Ranker 1750 1831 Godwin, Parke, Journalist and Author 1816 Goodrich, Samuel Griswold, Author 1793 18(>0 Goodyear, Charles, Inventor 1800 1800 Oough, John B, Temperance lecturer 1817 Gould, Augustus Addison, Naturalist 1805 Grant, Ulysses Simpson, Eighteenth President 1822 Gray, Asa, Botanist 1810 Greeley, Horace, Journalist 1811 1872 Greene, Nathaniel, Military officer 1742 1786 Green leaf, Simon, Juris/ 1783 1853 Greenough, Horatio, Sculptor 1805 1852 Griswold, Rufus Wilniot, Author 1815 1857 Hale, Edward Everett. Clergyman and Author 1822 — *— Halleck, Fitzgreene, Poet 1790 1867 Hal leek, Henry Wagner, Military officer 1814 1872 Hamilton, Alexander, Statesman 1757 1804 Hamlin, Hannibal, Statesman 1809 Hancock, John, Patriot 1737 1793 Harding, Chester, Painter 1792 1866 Hare, Robert. Chemist 1781 1858 Harris, Thaddeus William, Entomologist 1795 1856 Harrison, William Henry, Ninth President 1773 1841 Hawks, Francis Lister, Clergyman and Author 1798 1866 Hawthorne, Nathaniel, Author 1804 1864 Hayne, Robert Young, Statesman 1791 1839 Headley, Joel Tyler, Author 1814 Henry, Joseph, Physicist 1797 Henry, Patrick, Orator and Statesman 1736 1799 Herbert, Henry William, Author 1807 1858 Higginson, Thomas Wentworth, Author 1823 ■ Hildretb, Ricnard, Author and Journalist 1807 18G5 Hill, Thomas, Clergyman 1818 1874 Hillard, George Stillman, Lawyer and Author 1808 — Hitchcock, Edward, Geologist 1793 1864 20 234 EMINENT MEN AND WOMEN. BOKN DIED Hoar, Ebenezer Rockwood, Jurist 1816 Hoffman, Charles Fen no, Author 1806 > Holland, .Tosiah Gilbert, Author and Journalist 1819 Holmes, Oliver Wendell, Physician, l'oet and Essayist 1SU9 ■ • Holt, Joseph, Statesman 1807 Hooker, Joseph, Military officer 1815 Hosmer, Harriet G., Sculptor 1830 Houston, Samuel, Soldier and Statesman 1793 1863 Howe, Elias, Jr., Inventor 1819 1867 Howells, William Dean, Author 1837 Hughes, Robert Ball, Sculptor 1806 1868 Hull, Isaac, Naval officer 1775 1843 Humphreys, David, Soldier, Diplomatist and Poet 1752 1818 Huntington, Daniel, Painter 1816 Hutchinson, Thomas, Governor of Mass 1711 1780 Irving, Washington, Author 1783 1859 Jackson, Andrew, Seventh President 1767 1845 Jackson, Charles Thomas, Chemist and Geologist 1805 Jackson, James, Physician 1777 1867 Jackson, Thomas Jonathan, Military officer 1824 1863 Jay, John, Statesman 1745 1829 Jefferson, Joseph, Comedian 1829 Jefferson, Thomas, Third President 1743 1826 Johnson, Andrew, Seventeenth President 1808 1875 Johnson, Sir William, Military officer 1715 1774 Jones, John Paul, Naval officer 1747 1792 Kane, Elisha Kent, Arctic explorer 1820 1857 Kearny, Philip, Military officer 1815 1862 Kellogg, Clara Louise, Vocalist 1842 Kemble, Frances Anne, Actor and Author 1811 Kendall, Amos, Politician and Publicist 1789 1869 Kennedy, John Pendleton, Author 1795 1870 Kensett, John Frederick, Artist 1818 1872 Kent, James, Jurist 1763 1847 Kenton, Simon, Pioneer 1755 1836 King, Rul'us, Statesman and Diplomatist 1755 1827 King, Thomas Starr, Clergyman and Author 1824 1864 Kirklanil, Caroline Mai ilda, Author 1801 1864 K nu land, Samuel, Naturalist 1821 Knox, Henry, Military officer 1750 1806 Laurens, Henry, Statesman 1724 1792 Lawrence, Amos, Philanthropist 1786 1852 Lawrence, James, Naval officer : 1781 1813 Ledyard, John, Traveller 1751 1789 Lee, Arthur, Diplomatist 1740 1792 Lee, Charles, Military officer 1731 1782 Lee, Henry, Military officer 1756 1818 Lee, Richard Henry, Statesman 1732 1794 Lee, Robert Edmund, Mililarw officer 1807 1870 Leslie, Charles Robert, Painter 1794 1859 Lieber, Francis, Publicist 1800 1872 Lincoln, Abraham, Sixteenth President 1809 1865 Lincoln, Benjamin, Military officer 1733 1810 Li verm ore, May Ashton, Reformer 1821 Livingston, Edward, Jurist and Statesman 1764 1836 EMINENT MEN AND WOMEN. 235 BOUN MED Livingston, Philip, Statesman 1716 1778 Livingston, Robert R., Statesman 1747 1813 Livingston, William, Statesman 1723 1790 Longfellow, Henry Wadsworth, Poet 1807 Lossing, Benson John, Author 1813 Lowell, James Russell, Poet ~ 1819 McClellan, George Brinton, Military officer 1826 Madison, James, Fourth President 17.51 183S Mann, Horace, Educationist 1796 1869 Ma lion, Francis, Military officer 1732 1795 Marshall, John, Jxtrisl 1755 1835 Mason, George, Statesman 1726 1792 Mather, Cotton, Clergyman 163-3 1728 Ma tlier, Increase, Clergyman 1639 1723 Maury, Matthew Fontaine, Naval officer 1806 1873 Meade, George Gordon, Military officer 1816 1872 Mifflin, Thomas, Military officer 1744 1800 Mitchell, Donald Grant, Author 1822 Mitchell, Maria, Astronomer 1818 Mitchell, Orrnsby MacKnight, Astronomer 1810 1862 Monroe, James, Fifth President 1758 1831 Morgan, Daniel, Military officer 1736 1802 Morris, George P., Poet and Journalist 1802 1864 Morris, Gouverneur, Statesman... 1752 1816 Morse, Samuel Finley Breese, Inventor 1791 1872 Morton, Samuel George, Naturalist 1799 1851 Morton, William Thomas Green, Physician 1819 1868 Motley, John Lathrop, Historian 1814 Mott, Valentine, Surueon 1785 1865 Moultrie, William, Military officer 1731 1805 Mowatt, Anna Cora, Actor and Author 1819 1870 Murray, John, Clergyman 1741 1815 Murray, Lindley, Grammarian 1745 1826 Nast, Thomas, Artist 1840 Neal, John, Author and Poet 1793 Olmstead, Denison, Astronomer 1791 1859 Otis, James, Orator and Patriot 1725 1783 Owen, Robert, Philanthropist 1771 1858 Paine, Thomas, Political and J)-istical writer 1737 1809 Palfrey, John Gorham, Author 1796 Parker, Theodore, Clergyman and Author 1810 I860 Parkman, Francis, Author 1823 Parsons, Theophilus, Jurist 1750 1813 Part on, James, Author 1822 Paulding, James Kirke, Author and Politician 1779 1860 Payne, John Howard, Actor and Dramatist 1792 1852 Peabody, Andrew Preston, Clergyman and Scholar 1811 Peabodv, George, Philanthropist 1795 1869 Peale, Charles Wilson, Painter 1741 1827 Peirce, Benjamin, Mathematician 1809 Percival, James Gates, Poet 1795 1856 Perkins, Thomas Handaryd, Philanthropist 1704 1854 Perry, Oliver Hazard, Naval officer 1785 1819 Phillips, Wendell, Oral or and Reformer 1811 — Phips, Sir William, Governor of Mass 1651 1695 Physic, Phillip Syng, Physician and Surgeon 1768 18:S7 Pickens, Andrew, Military officer 1739 1817 236 EMINENT MEN AND WOMEN. TSOUS TUF.t Pickering, Timothy, Soldier and Statesman 17-15 1829 Pierce, Franklin, Fourteenth President 1804 1809 Pierpont, John, Clergyman and Poet ....1785 18(56 Pinckney, Charles Cotesworth, Soldier and Statesman 1740 1825 P«)e, Edgar Allan, Poet 1811 1849 Polk, James Knox, Eleventh President 1795 1849 Porter, David, Naval officer 1780 1848 Powers, Hiram, Sculptor 1805 187.! Preble, Edward, Naval officer 1701 1807 Prentice, George Denisou, Poet and Journalist 1802 1870 Prentiss, Seargeant Smith, Lawyer and Orator 1808 1850 Prescott, William, Military officer 1726 1795 Prescbtt, William Hiekling, Historian 1700 1850 Priestley, Joseph, Philosopher, Chemist and ITieologian 1733 1804 Prince, Thomas, Minister and Chnmulogist 1087 1758 Putnam, Israel, Military officer 1718 171)0 Quincy, Josiah, Jr., Patriot 1744 1775 Quiucy, Josiah, Statesman and Scholar 1772 1801 Randolph, John, Orator 1773 1833 Raymond, Henry Jarvis, Journalist 1820 1809 Read, Thomas Buchanan, Painter and Poet 1822 1872 Reed, Henry, Author 1808 1854 Reed, Joseph, Statesman 1741 178.5 Reveu, Paul, Engraver and. Patriot 1735 1818 Rittenhouse, David, Mathematician and Astronomer 1732 1700 Rodgers, John, Naval officer 1771 1838 Rosecrans, William Starke, Military officer 1819 - — ■ Rowson, Susanna, Author 1702 1824 Rum ford, Sir Benjamin Thompson, Physicist 1753 1814 Rush, Benjamin, Physician 1745 1813 Rush, Richard, Statesman and Diplomatist 1780 1859 Rutledge, John, Statesman and Jurist 1739 1800 "St. Clair, Arthur, Military office)- 1734 1818 Sargent, Epes, Author and Journalist 1812 ■ Saxe, John Godfrey. Poet '. 1810 Say, Thomas, Naturalist 1787 1834 Schoolcraft, Henry Rowe, Author 1793 1804 Sell urlz, Carl, Orator and Politician 1829 Schuyler, Philip. Military officer 1733 1804 Scott, Winfield, Military officer 1780 1800 Seaton, William Winston, Journalist 1785 1800 Sedgwick, Catherine Maria, Author 1789 1807 Sedgwick, John, Military officer 1818 1864 Sewall, Samuel, Jurist 1652 17;:o Seward, William Henry, Statesman 1801 1872 Shaw, Lemuel, Jurist 1781 1801 Sheridan, Philip Henry, Military officer 1831 Sherman, Roger, Statesman 1721 1793 Sherman, William Tecumseh, Military officer 1820 Sigourney, Lydia Howard Huntley, Author 1791 1865 Si Hi man, Benjamin, Physicist 1779 1804 SiJliman, Benjamin, Jr., Physicist 1816 Simms, William Gilmore, Author.- 1800 1870 Sparks, .tared, Historian 1789 1800 Sprague, Charles, Poet 1791 1874 Spragnej William Htiell, Clergyman and Author 1795 • Spring, Gardiner, Clergyman and Author I7,S5 1878 siandish, Miles, Pilgrim 1584 1666 Stanton, Edwiu McMaslers, Lawyer and Stalesnuin 1814 1809 EMINENT MEN AND WOMEN. 237 noRN riKD Stark, John, Military officer 1728 1822 Sledman, Edmund Clarence, Poet 1833 Stephens, Alexander Hamilton, Statesman L812 Stephens, John Lloyd, Traveller 180-5 187 Stevens, Ttniddeiis, Political Leader 1793 1868 Stewart, Charles, Naval officer I #78 ISO!) Stewart, Alexander T., Merchant 1803 Stiles, Ezra, Cleryyman una Scholar l<-7 1795 Stoddard, Richard Henry, Poet 1825 Story, Joseph, Jurist 1779 1845 Story, William Wei more, Poetand Sculplo-r 1819 Stowe, Harriet Elizabeth Beecher, Author 1812 - — Sluart, Gilbert Charles, Painter 1751 1828 Sullivan, James, Statesman and Jurist 1711 1808 Sullivan, John, Military officer 1740 1795 Sully, Thomas, Painter 1783 1872 Sumner, Charles, Orator and Statesman 1811 ISi 1 Sumter, Thomas, Military officer 173-1 1862 Taney, Roger Brooke, Jurist 1777 1S64 Taylor, James Bayard, Traveller and Author 1823 Taylor, Zachary, Twelfth President 1781 1850 Thorean, Henry David, Naturalist and Scholar 1817 1862 Ticknor, George, Scholar and Author 1791 1871 Trowbridge, John Townseild, Author 1827 Trumbull, John, Poet 1750 1831 Trumbull, John, Painter 1760 1843 Tuckerman, Henry Theodore, Poet and Essayist 1813 1871 Tudor, William, Scholar and Diplomatist 1779 l8;;o Tyler, John, Tenth President 1790 1802 Van Bureu, Martin, Eighth President 1782 1862 Warren, John, Physician 1753 1815 Warren, John Collins, Surgeon and Author 1778 1850 Warren, Joseph, Physician and Patriot 1711 1775 Warren, William, Comcduui 1812 — - Washington, George, First President 1732 1799 Wayland, Francis, Sclwlar and Clergyrnan 1790 1865 Wayne, Anthony, Military officer 1745 1790 Webster, Daniel, Statesman, Lawyer and Orator 17 v 2 1852 Webster, Noah, Philologist and Publicist 1758 1843 Weed, Thurlow, JoumuUst and Politician 1797 Weir, Robert Waller, Pointer 1803 West, Benjamin, Painter 1738 1820 Wheaton, Henry, Jurist and Diplomatist 1785 1848 Whipple, Edwin Percy, Essayist 1819 White, Andrew Dickson, Educator 1832 White, Richard Grant, Philologist and Scholar 1822 Whitney, Eli, Inventor 1765 1825 Whitney, William Dwight, Philologist 1827 Whiitier, John Greenleaf, Poet 1807 Willies, Charles, Naval officer 1801 - — - Willard, Emma C., Teacher and Author 1787 1870 Williams, Roger, Founder of JR. I. 1599 1683 Willis, Nathaniel l'arker, Poet and Journalist 1807 18o7 Wilson, Alexander, Ornithologist 1706 1813 Wilson, Henry, Statesman 1812 Winslow, Edward, Pilgrim 1595 It. ,5 Winthrop, John, Governor of Mass 1588 10-19 Woolsey, Theodore Dwight, /Scholar 1801 Worcester, Joseph Emerson, Lexicographer 1781 1805 GEORGE WASHINGTON, THE FIRST PRESIDENT OF THE UNITED STATES. The most exemplary character, perhaps, that ever adorned any era iu history, and who received in his life-time the noble appellations of " the Founder of a Republic," and " the Father of his Country," was born in the county of West- moreland, Virginia, on the 22d of February, 1732. His early instruction was domestic and scanty, but full of good discipline and sound principles ; and as his father died when he was only ten years old, he had no subsequent opportu- nities for acquiring a thorough literary or scientific educa- tion. However, as his mind was naturally mathematical and philosophical, he prepared himself to bo useful to his fellow-citizeus as a civil engineer; and as the country was wild, and much of it then unsurveyed, he occasionally found agreeable and profitable employment in surveying differeut parts of his native State. He also directed much of his attention to the science of arms, in the use of which every young man was instructed, in order to repel the in- cursions of the Indians, who were often led on by skillful Frenchmen. At the age of nineteen, he was appointed one of the adjutant-generals of Virginia, which gave him the rank of major, and soon after he was advanced to a colonelcy, and scut by Governor Dinwiddie to the Ohio with dispatches to the French commander, who was erecting fortifications from Canada to New Orleans, in violation of existing treat- ies. The Governor was so much pleased with the faithful discharge of this duty, that he ordered his journal, which extended to only eighty days, to be printed ; but, small as it was, it afforded evidence of great sagacity, fortitude, and a sound judgment, and firmly laid the foundation of his fu- ture fame. In the spring of 1755, Washington was persuaded to ac- company General Braddock as an aid, with the rank of Colonel, in his disastrous expedition against Fort DuQuesne ; and had his advice been followed on that occasion, the re- sult would have been different. Three years afterward (1758) Washington commanded the 238 GEORGE WASHINGTON 239 Virginians in another expedition against the fort, which ter- minated successfully. At the close of this campaign he left the army, and was soon after married to Mrs. Martha Cus- tis (the widow of Colonel Daniel Parke Custis), whose maiden name was Dandridge, and whose intelligent and pat- riotic conduct, as wife and widow, will ever be gratefully re- membered in American annals. In 1759, he was elected to the House of Burgesses, and continued to be returned to that body, with the exception of occasional intervals, until 1774, when he was sent to rep- resent Virginia in the Continental Congress. His well-tem- pered zeal and military skill, which enabled him to suggest the most proper means for national defense, if the country were urged to extremities, soon fixed all eyes upon him, aa one well qualified to direct in the hour of peril; and ac- cordingly, after the first scene of the revolutionary drama was opened at Lexington and Concord, and an army had concentrated at Cambridge, he was, on the 15th of June, 1775, unanimously appointed Commander-in-Chief of the American forces. The self-sacrificing spirit which gov- erned his future course is too well known to require any elucidation. After bringing the war to a successful termination, he has- tened to Annapolis, where Congress was then in session, and on the 23d of December, 1783, formally resigned his com- mission. In May, 1787, he was elected to the Convention which met at Philadelphia for the purpose of forming a Constitution, and was at once called upon to preside over its deliberations. After that admirable instrument was adopted by the people, he was unanimously elected the first President of the United States for four years; at the expiration of which he was uuauimously reelected for a second term. On the 12th of December, 1799, he was seized with an in- flammation in the throat, which grew worse the next day, and terminated his life on the 14th, in the 68th year of his age. ELECTORAL VOTES FOR PRESIDENT AND VICE-PRESIDENT OF THE UNITED STATES. Election for the First Term, commencing March 4, 1789, and terminating March 3, 1793. a ' o : •^ '*- (M ™ - J; c ■ 5'^ STATES. - 5-r a _ ■gi 3 ~>1 :j ~ a r 5 H . C 3 ■- J C 1. =. = E- =1 = K _ ^ s ? eg '-- * = 4^ K '3 sT ■yi -5 O* 5 « 4^ ~3 4" 'A~ i s 5 10 7 e 10 3 10 69 5 in 5 1 8 111 7 2 fi 5 10 2 3 ...... 3 r. Maryland 6 in 5 1 1 1 3 7 6 s 2 2 i i 1 1 1 69 Wlmle No. Electors 34 2 9 4 6 3 6 1 Majority The first Congress under the Constitution was convened at the "Federal Hall,' situated at the head of Broad, fronting on Wall street (where the Custom House now stands), in the city of New York, on the first Wednesday, being March 4, 1789 — Senators and Representatives having been elected from the eleven States which had ratified the Constitution; but, owing to the absence of a quorum, the House was not organized till the 1st of April, and, for a like reason, the Senate was not organized till the 6th; when the latter body "proceeded by ballot to the choice of a President, for the sole purpose of opening and counting the [electoral] votes for President of the United States. John Langdon, of New Hampshire, was chosen President pro tern, of the Senate, and Samuel Alyne Otis, of Massachusetts, Secretary; after which, proper measures were taken to notify the success- ful individuals of their election. George Washington took the oath of office, as President, and entered upon his duties April 30, 1789. (For liis Inaugural Address, see p. 43.) John Adams, Vice President, entered upon his duties in the Senate April 21, 1789, and took the oath of office June 3, 1789. (240) ELE'.TOKAI. VOTES. 211 Election for the Seconu Term, commencing March 4, 1793, and terminating March 3, 1797. .a O 6 16 4 9 3 12 7 16 3 8 21 4 12 8 4 132 STATES. New Hampshire. Massachusetts... Rhode Island.... Connecticut Vermont New York New Jersey Pennsylvania. ... Delaware Maryland Virginia Kentucky North Carolina.. South Carolina.. Georgia Whole No. of Electors 132 77 .Majority 67 £.: Ho •<** a to I* o George Washington, re-elected President, took the oath of of- fice for a second term, and entered upon his duties March 4, 1793. John Adams, re-elected Vice President, took the oath of office, and entered upon his duties in the Senate December 2, 1793. After the expiration of his second Presidential term, Washington retired to the tranquil shades of Mount Vernon, fondly indulging the hope that the remainder of his days would be peacefully en- joyed in his much cherished home; but these pleasing anticipa- tions were not allowed to remain long undisturbed. In 1798 the conduct of the French Directory and its emissaries led to frequent difficulties with this country, which were calculated to provoke a war ; and the opinion was universally entertained that he who had formerly so well acquitted himself, must be again called to the command of our armies. Accordingly, early in July, the rank and title of Lieutenant-General and Commander-in-Chief of all the armies raised, or to be raised, in the United States," was con- ferred upon him; and the Secretary of War, Mr. McIIenry, im- mediately waited upon him to tender the oommission. In a letter to President Adams, accepting this " new proof of pnblic confidence," he makes a reservation that he shall not be called into the field until the army is in a situation to require his presence, and adds: "I take the liberty also to mention, that 1 must decline having my acceptance considered as drawing after It any immediate •hnrge upon the public, and that I cannot receivo any emoluments annexed to the. appointment, before entering into a situation to incur expense." 21 JOHN ADAMS, THE SECOND PRESIDENT OF THE UNITED STATES, And whose fame as a patriot and statesman is imperish- able, was born at Braintree, Massachusetts, October 19, 1735. He early displayed superior capacity for learning, and graduated at Cambridge College with great credit. Af- ter qualifying himself for the legal profession, he was ad- mitted to practice in 1761, and soon attained that distinction to which his talents were entitled. From the commencement of the troubles with Great Britain, in 1769, he was among the most active in securing the freedom of his country. Being elected to the first Continental Congress, he took a prominent part in all the war measures that were then originated, and, subsequently, suggested the appointment of Washington as commander-in-chief of the army. He was one of the committee which reported the Declaration of Independence, in 1776, and the next year visited France, as commissioner, to form a treaty of alliance and commerce with that country. Although the object had been accom- plished before his arrival, his visit had, otherwise, a fa- vorable effect on the existing position of affairs; and he was afterward appointed to negotiate a treaty of peace with Great Britain, which, after many laborious and fruitless efforts, was finally accomplished in 1783. In 1785, he was sent to England as the first minister from this country, and, on his return, was elected first Vice-President, in which office he served two terms, and was then, in 1797, elected to succeed Washington as President. Many occur- rences tended to embarrass his administration and to ren- der it unpopular ; but it is now generally admitted to have been characterized by patriotism and vigor equal to the emergencies which then existed. His political opponents, however, managed to defeat his reelection, and he was suc- ceeded in the Presidency by Mr. Jefferson, in 1801 ; after which he retired to his farm at Quincy, where his declin- ing years were passed in the gratification of his unabated love for reading and contemplation, and where he was con- stantly cheered by an interesting circle of friendship and affection. The 6emi-centennial anniversary of American 242 JOHN ADAMS. 243 Independence (July 4, 1826) was remarkable, not merely for the event which it commemorated, but for the decease of two of the most active participants in the measures by which independence was achieved. On that day, Adams and Jefferson were both gathered to their fathers, within about four hours of each other, " cheered by the benedic- tion of their country, to whom they left the inheritance of their fame and the memory of their bright example." As has been noticed elsewhere, Mr. Adams deemed it piudent, in the early part of his administration, when im- pending difficulties with France seemed to render war in- evitable, to offer Washington the commission of Lieutenant- General and Commander-in-Chief of the army, which he accepted as a matter of duty, and held until his death, but fortunately never found it necessary to take the field. 244 ELECTORAL VOTES. Election for the Third Term, commencing March 4, 1797, and terminating March 3 1801. a o 5 5 Z 'a — .a «S "a o o ^ 5 -si*) a o £ ® .— "» a If o ■- £ = P o o a t. Ed 1° o u af B 3 2* 3 » o is ■Si si "3 o is « lit >5 o ►■a a.si 13 o o o a . o a |l -a .a o r *"* 3 03 fc J' ja II a o a . 2 * a 1 : o £*' <55 i| * 2 -3 = <~ s = 8 ~ _; OV3 k a S5 o -J = ji •3 5? ^t2 6 6 16 4 9 4 "Y 7 3 5 "i 16 3 9 4 7 7 3 5 4* 16 4 i 9 4 lfl 12 12 7 15 8 8 3 10 5 21 4 8 3 8 4 5 21 4 8 3 8 4 ?r 4 T> a 8 4 188 73 73 65 64 i The electoral vote for Thos. Jefferson and Aaron Burr being equal, no choice was made by the people, and on the 11th of February, 1601, the House of Representatives proceeded to the choice of President in the manner prescribed by the Constitu- tion. On the first ballot eight States voted for Thos. Jefferson, six for Aaron Burr, and the votes of two States were divided. The balloting continued till the 17th of February, when the thirty-fifth ballot, ae had all previously, resulted the same as the first. After the thirty-sixth ballot, the Speaker declared that the votes of ten States had been given for Thos. Jefferson, the votes of four States for Aaron Burr, and the votes of two States in blank; and that, consequently, Thomas Jefferson had been elected for the term of four years. Thomas Jefferson, thus elected President, took the oath of office, and entered upon his duties, March 4, 1801. In hie inaugural address, Mr. Jefferson used the following memorable expres- sion : "We have called by different names brethren of the same principle. We are all republicans: we are all federalists. If there be any among us who would wish to dissolve this Union, or to change Its rspublican form, let them stand, undisturbed, as monuments of the safety with which error of opinion may us TOLERATED, WHERE- REASON IS LEFT FREE TO COMRAT IT." Aaron Buir, elected Vice-President, took the oath of office, and entered ipso Etw duties in the Senate, 11 inch 4, 1801. 248 BLEOTORAL VOTES. Liection for the Fifth Term, commencing March 4, 1805, and terminating March 3, 18L0. 2 $ !1 STATES. ~ p c _ New Hampshire. Massachusetts. .. liliode Island... Connecticut Vermont New York New Jersey. Pennsylvania. . Delaware Maryland Virginia North Carolina. . South Uaroliua.. Georgia Teunessee Kentucky Ohio Whole No. of Electors 10: Majority 89 1 * H Thomas Jefferson, elected President, took the oath of office for a second term, and entered upon his duties March 4, 1805. George Clinton, elected Vice-President, took the oath of office, and entered upon his duties in the Senate. March 4, 1805. Among the most important acts of Mr. Jefferson's administra- tion was the purchase of Louisiana from France for $15,000,- 000, which territory was surrendered to our Government in De- cember, 1803. In November, 1808, the celebrated "Orders in Council" were issued by the British Government, which prohibited all trade with France and her allies; and, as a retaliatory measure, in December following Bonaparte issued his " Milan Decree,' interdicting all trade with England and her colonies — thus sub< jecting almost every American vessel on the ocean to capture. In requital for these tyrannous proceedings, and that England and France might both feel their injustice, Congress decreed an embargo; but as this failed to obtain from either power an ac- knowledgment of our rights, and was also ruinsus to our com uierce with other nations, it was repealed in March. 1809. JAMES MADISON, THE FOURTH PRESIDENT OF THE UNITED STATES, Was born in Orange County, Virginia, March 16, 1751. His studies, preparatory to entering Princeton College, wero pursued under the most favorable circumstances, he being provided with the most accomplished instructors, and be graduated with high honor in 1771. On returning to Vir- ginia, he zealously commenced the study of the law, which he subsequently abandoned for political life. In 1776, he was elected to the General Assembly of Vir- ginia, and from this period, for more than forty years, he was continually in office, serving his State and his country in various capacities, from that of a State Legislator to tbat of President. In 1778, be was elected by the Legislature to the ex- ecutive council of the State, where he rendered important aid to Henry and Jefferson, Governors of Virginia, during the time he held a seat in the council ; and by his probity of character, faithfulness in the discharge of duty, and amiableness of deportment, he won the approbation of these great men. In the winter of 1779-80, he took his seat in the Continental Congress, and became immediately an active and leading member, as the journal of that body abund- antly testifies. In 1784-5-6, he was a member of the Legislature of Virginia. In 1787, he became a member of the Conven- tion held in Philadelphia, for the purpose of preparing a Constitution for the Government of the United States. Per- haps no member of that body had more to do with the formation of that noble instrument, the Constitution of the United States of America, than Mr. Madison. It was during the recess between the proposition of the Constitution by the Convention of 1787, and its adoption by the States, that that celebrated work, " The Federalist," made its appearance. This is known to be the joint pro- duction of Alexander Hamilton, John Jay, and James Madison. The same year he was elected to Congress, aud held his seat until the Continental Congress passed away among the things that were. He was a member of the 249 250 JAMES MADISON. State Convention of Virginia which met to adopt the Con- stitution, and on the establishment of the new Congress under the Constitution, he was chosen a member, retaining his seat until the close of Washington's administration. In 1801, as one of the presidential electors, he had the gratification of voting for his illustrious friend Jefferson, who immediately offered him a place in his cabinet, which was accepted. Accordingly, he entered on the discharge of his duties as Secretary of State, which duties he con- tinued to perform during the whole of Mr. Jefferson's ad- ministration, and on the retirement of that great statesman, in 1809, he succeeded to the Presidency, in which office he Berved two terms. Mr. Madison then retired to his peaceful home in Vir- ginia, where he passed the remainder of his days in favorite pastimes, loved by the many and respected by all, until the 28th of June, 1826, when the last survivor of the framers of our Constitution was gathered to his fathers, full of years and glory. ELECTORAL VOTES. 251 Election for the Sixth Term, commencing March 4, 1809, and terminating March 3, 1813. E li of o 1 6 "A STATES. pa o a o •3 s . a. 2 B = | Si KM 1> it O a o a . r^ "5 o | OS5 NT. O • 2 - — a o a . ;r .* VI0E- o a o •3 « . a a IE -St* o © o a o «i iff 5£ TJBTIT °.£ _S -a ■gas " o a o 7 19 7 19 4 9 7 1ft 4 6 13 8 20 6 19 6 "s" 2 "s" 13 8 20 3 3 20 3 a 11 9 24 11 10 6 7 6 3 122 .... 9 24 11 10 6 7 6 a 24 14 « 10 6 7 6 3 Ohio 3 9 176 6 47 113 3 3 47 James Madison took the oath of office, as President, and en tered upon his duties March 4, 1809. George Clinton, elected Vice President, took the oath of office, and attended in the Senate, March 4, 1809. Our national position, especially in regard to England and France, was certainly a very perplexing one when Mr. Madison came to the Presidency. We were not only threatened by ene- mies abroad, but were harassed by a savage foe on our western frontier, probably urged on by British influence, and led by the famous chief Tecumseh and his brother the Prophet. These last wore finally subdued in 1811; but our European foes were more troublesome. After all peaceful means had failed to check the aggressions of England, and when at length "patience had ceased to be a virtue," war was declared against that country, June 19, 1812. The events of that war it is not within our province to record ; and it is sufficient to say, that they greatly elevated the American character in the estimation of both friends and enemies. 252 ELECTORAL VOTES. Election for the Seventh Term, commencing March 4, 1813, and terminating March 3, 1817. Now Hampshire. Massachusetts. . . Rhode Island.... Connecticut Vermont New York Now Jersey Pennsylvania.... Delaware Maryland Virginia North Carolina. South Carolina. . Georgia Kentucky Tennessee Ohio Louisiana...... . STATES. Whole No. of Electors Majority 100 1.2 u s.sis v. pbeh' r. a *3 V James Madison, elected President for a second term. [There is no notice on the Journals of Congress of his having taken the oath.] Elbridge Gerry, elected Vice-President, attended in the Senate on the 24th of May, 1813, and exhibited a certificate of his hav- ing taken the oath of office prescribed by law, which was read. The war into which the country had been forced was brought to a close by the treaty of Ghent, which was signed December 24, 1814; but this treaty had scarcely been ratified, when it be- came necessary to commence another war for the protection of American commerce and seamen against Algerine piracies. In May, 1815, a squadron under Commodore Decatur sailed for the Mediterranean, where the naval force ol Algiers was cruising for American vessels. After capturing two of the enemy's best frigates in that sea, Decatur proceeded to the Bay of Algiers, and there dictated a treaty which secured the United States from any further molestation from that quarter. Similar treaties wiiro also co-ncluded with the other Barbary powers. JAMES MONROE, THE FIFTH PRESIDENT OF THE UNITED STATES, One of the few exalted characters that served his country in both a civil and military capacity, was born in West- moreland county, Virginia, April 26, 1758, and was edu- cated at William and Mary's College, whence he graduated in 1776, and commenced the study of the law. Anxious to aid in the struggle for independence, which had then just began, he abandoned his studies, and entered the army as a cadet — joining a corps under the gallant General Mer- cer. He soon distinguished himself in several well -fought battles, and rapid promotion followed, until he reached the rank of captain. He was at Harlem Heights, and White Plains, and shared the perils and fatigues of the distress- ing retreat of Washington through New Jersey, as well as the glory of the victory over the Hessians at Trenton, where he received a musket- ball in the shoulder; notwith- standing which, he valiantly " fought out the fight." Ho subsequently accepted the post of an aid to Lord Stirling, with the rank of Major, in which position he saw much hard service — being engaged in almost every conflict for the two succeeding campaigns, and displaying great courage and coolness at the bloody battles of Brandywine, German- town, and Monmouth. Aspiring to a separate command, he obtained permission to raise a regiment in his native State; for which purposo he left the army, and returned to Virginia, where he en- countered so many unexpected and discouraging obstacles, that he finally relinquished the enterprise, and resumed his law studies in the office of Mr. Jefferson. In 1780, he was elected to the Virginia Legislature, and in the following year was made one of Governor Jefferson's council, in which he continued until 1783, when, at the age of twenty-four years, he became a member of the Conti- nental Congress. After serving three years in that body, he was again returned to the State Legislature. In 1788, while a member of the Convention to decide upon the adoption of the new Constitution, he voted in the minority against that instrument; but this vote did not at 253 254 JAMES MONROE. all affect hin popularity. Two years afterward he was elected United States Senator, and in 1794 he was sent envoy extraordinary and minister plenipotentiary to the Court of Versailles. After settling the cession of Louisiana to the United States, he went to England to succeed Mr. King as minister at the court of St. James. The affair of the frigate Chesapeake placing him in an uncomfortable situation, he returned to the United States, and, in 1810, was once more elected to the Virginia Legislature. He was soon after chosen Governor of that State, in which office he remained until Mr. Madison called him to assume the duties of Secretary of State in his cabinet. In 1817, he was elected President of the United States, and in 1821 was unanimously reelected, with the exception of a single vote in New Hampshire. His administration was a pros- perous and quiet one. He united with Jefferson and Madison in founding the University of Virginia ; and when the convention was formed for the revision of the Constitution of his State, he was called to preside over its action. Not long after this, he went to reside with a beloved daughter (the wife of Samuel L. GoHverneur, Esq.) in New York City, where he lived until the anniversary of Independence, in 1831, when, " amidst the pealing joy and congratulations of that proud day, he passed quietly and in glory away." ELECTORAL \0TE8. 255 Election for the Eighth Term, commencing March 4, 1817, and terminating March 3, 1821. e STATES. PBES © f c o . SS.5 a - '-■ Ml !■- id't. "3 t£ Ex - -. «z '22' "9" 3" 34 ricE- PRESIDENT zi ° 5 otfj Ho a c d 2 je S£ ^1 Co 8 "i" 29 8 25 8 25 15 11 8 12 8 8 3 3 183 •0 i~ a . £ ~~ 5 Ri .a" _ *■> 22 O • .5 || S § "a a. «| Mo 8 2e 4 9 8 29 4 6 4 V 8 29 8 26 .... H 8 8 2ft 15 11 8 12 8 8 3 3 183 26 is 11 8 12 8 22 6 4 8 3 a SI 7 Whol* No. of Electors H James Monroe took the oath of office, as President, and en- tered upon his duties March 4, 1817. offi Daniel D. Tompkins, elected Vice-President, took the oath of fice, and attended in the Senate, March 4, 1817. The Seminole and a few of the Creek Indians commenced depredations on the frontiers of Georgia and Alabama towards the close of 1817, for which they were severely chastised by a force under General Jackson, and gladly sued for peace. In February, 1819, a treaty was negotiated at Washington, by which Spain ceded to the United States East and West Florida and the adjacent Islands. In the same year the southern por- tion of Missouri Territory wis set off under the name of Ar- kansas, for which a territorial government was formed ; and Alabama was constituted a State, and admitted into the Union. Early in 1820 the province of Maine, which had been con- nected with Massachusetts since 1652, was separated from it and was admitted into the Union as an independent State. 256 ELECTORAL VOTES. Election for the Ninth Term, commencing March 4, 1821, and terminating March 3, 1825. STATES. New Hampshire. Massachusetts.. . Rhode Island.... Connecticut Vermont New York New. Jersey Pennsylvania... . Delaware Maryland Virginia North Carolina . South Carolina. . Georgia Kentucky Tennessee Ohio Louisiana Indiana Mississippi Illinois Alabama Maiuo Missouri si TICK FKKSIDHNT. - f 3 a; r. . pjs 7 7 4 1 i. £ !» a 2 o Mo ja 1 i No. of Electors 231 M ajority U8 1 5^ p£ James Monroe was re-elected President, but there is no notice the Journals of Congress that he again took the oath of office. >aniel D. Tompkins was re-clocted Vice President, but there Dan is no record of his having taken the oath of office. Public attention was much occupied in 1824-5 by a visit from the venerable General Lafayette, who, after the lapse of nearly half a century from the period of his military career, was again welcomed with every token of respect that could be devised for honoring the "Nation's Guest." He landed in New York in August, 1824, and after remaining there a short time, set out on a tour through all the States. Upwards of a year was taken up in accomplishing this gratifying object; and in September, 1825, he sailed from Washington in the frigate Brandywine fo* hia native home. JOHN QUINCY ADAMS, THE SIXTH PRESIDENT OF THE UNITED STATES, Was born at Quiney, Massachusetts, July 11, 1767, and re- ceived the advantages of a pretty thorough education be- fore entering Harvard College, which was not until the year 1786. After graduating with marked credit, he commenced the study of law at Newburyport, in the office of the Hon. Theophilus Parsons, for many years Chief Justice of Mas- sachusetts. While pursuing his studies he found leisure to write several newspaper essays, which attracted much attention, and displayed a maturity of taste and judgment seldom attained so early in life. In 1794, Washington ap- pointed him minister to the Netherlands, and subsequently transferred him to Portugal. He was afterward, at differ- ent periods, minister to Prussia, Russia, and England ; and was one of the commissioners who negotiated the treaty of peace with Great Britain, at Ghent, in 1815. In 1817, he was appointed Secretary of State, in which office he con- tinued during Mr. Monroe's administration, eight years ; when he was elected by the House of Representatives President of the United States — the people having failed in making a choice. Like his father, he encountered strong opposition, and only served one term in this office, being defeated in a reelection by General Jackson. He then retired to his farm at Quiney, but did not remain long in private life; for, two 'years afterward, he was chosen Rep- resentative in Congress, and continued to be reelected until his death, which occurred in the Capitol, at Washington, February 23, 1848. Two days previous to this sad event, while engaged in his duties in the House of Representa- tives, he received a paralytic stroke, which apparently de- prived him of all consciousness. He was borne to the Speaker's room, where he received every attention that could be bestowed by anxious and devoted friends, but all in vain — his hour was come. The last words he was heard to utter were, "This is the last of earth." Mr. Adams was a man of rare gifts and rich acquisitions. A diligent student, and economical of his time, he found opportunity, amid all his public cares, to cultivate his 22 257 258 JOHN QUINOY ADAMS. tastes for literature and the sciences. He was one of the finest classical and belles-lettres scholars of his time, and filled the chair of Professor of Rhetoric and Belles-lettres in Harvard College for several years. Even in his old age, he often astonished his hearers with the elegant classical allusions and rhetorical tropes with which he enriched and embellished his own productions. ELECTORAL VOTK8. 259 Election for the Tenth Term, commencing March 4. 1825, and terminating March 3, 1S29. a STATES. PBES1DENT. VICE PRESIDENT. u e> o . o e v. w o 6 " a a ■ -5 £ * £ i ■ i. 2 •o _ T3 OS ■ u a t. ? go # o o «s . >>3 L. .- a c KM - OS s a 3.- °^ — - -5 O cd §1 II _ "_ a J: eS . e ■A a . 3 J? a - V £ a o 3 n . gg 5 * {J* E* T 16 4 8 7 36 8 2S 3 11 24 16 11 9 14 11 1G 8 15 4 8 7 26 1 3 "• 7 15 3 1 .... RJi 1 . 1 Ian 1 S "6* 2 1 24 9 "i" 7 29 8 28 1 10 15 11 1 8 28 7 fl 7 '24' 1 15 11 » .... 14 16 .... "3" 37 7 11 "0" 5 3 3 6 9 182 7 11 16 3 6 3 2 6 2 1 9 .... Indiana 3 9 3 30 3 Whole No. of Electors... 99 84 41 261 24 13 9 2 Neither candidate for the Presidency having received a ma- jority of the electoral votes, it devolved upon the House of Rep- resentatives to choose a President from the three highest on the list of those voted for, which three were Andrew Jackson, John Quincy Adams, and William H. Crawford. Twenty-four tellers (one member from each State) were appointed, who, after exam- ining the ballots, announced that the votes of thirteen States had been given for John Quincy Adams; the votes of seven States for Andrew Jackson; and the votes of four States for William H. Crawford. The Speaker then declared that John Quincy Adams, having received a majority of the votes of all the States, was duly elected President of the United States for four yean), commencing on tlte ttli of March, 1825; on which day Mr. Adams took the oatu of office, and entered upon his duties. Juhu C. Calhoun, having been elected Vice President, took the oath of offioe, and attended in the Senate, M-urcli 4, 1825. ANDREW JACKSON, THE SEVENTH PRESIDENT OF THE UNITED STATES, A. statesman of rare integrity, and a general of invincible skill and courage, was born at Waxhaw, Lancaster County, South Carolina, in 1767, and while yet a mere lad, did some- thing toward achieving the independence of his country. It is said that he commenced his military career at the age of fourteen years, and was soon after taken prisoner, to- gether with an elder brother. During his captivity, he was ordered by a British officer to perform some menial service, which he promptly refused, and for this refusal was " se- verely wounded with the sword which the Englishman dis- graced." He was educated for the bar, and commenced practice at Nashville, Tennessee, but relinquished his legal pursuits to " gain a name in arms." In the early part of the war of 1812, Congress, having voted to accept fifty thousand volunteers, General Jackson appealed to the militia of Tennessee, when twenty-five hundred enrolled their names, and presented themselves to Congress, with General Jackson at their head. They were accepted, and ordered to Natchez, to watch the operations of the British in lower Mississippi. Not long after, he received orders from head- quarters to disband his men and send them to their homes. To obey, he foresaw, would be an act of great injustice to his command, and reflect disgrace on the country, and he re- eolved to disobey. He accordingly broke up his camp, and returned to Nashville, bringing all his sick with him, whose wants on the way he relieved with his private means, and there disbanded his troops in the midst of their homes. He was soon called to the field once more, and his com- mission marked out his course of duty on the field of In- dian warfare. Here for years he labored, and fought, and diplomatized, with the most consummate wisdom and un- daunted courage. It was about this time that the treaty of the "Hickory Gound " occurred, which gave him the fa- miliar sobriquet of " Old Hickory." The crowning glory of his whole military career was the battle of New Orleans; which will ever occupy one of the brightest page* in American history. 2 (JO ANDREW JACKSON. 20 1 At the close of the war he returned to his home in Nash- ville; but in 1818 was again called on by his country to render his military services in the expulsion of the Senii- noles. His conduct during; this campaign has been both bitterly condemned and highly applauded. An attempt in the House of Representatives to inflict a censure on the old hero for the irregularities of this campaign, after a long and bitter debate, was defeated by a large majority. In 1828, and again in 1832, General Jackson was elected to fill the Presidential chair; thus occupying that elevated position for eight successive years. He then retired to his hospitable mansion ("the Hermitage"), near Nashville, " loaded with wealth and honors bravely won," where he continued to realize all the enjoyments that are inseparable from a well-spent life, until death translated him to those higher rewards, which "earth can neither give nor take away." He died June 8, 1845, and his last hours were soothed by a trustful reliance on the Sa7ior of the world for B&lvatioa. 262 ELECTORAL VOTES. Election/or the Eleventh Term, commencing March 4, 1829, and terminating March 3, 1833. II .a n 4 8 7 36 8 2« 3 11 24 15 11 9 14 11 10 5 3 6 3 6 3 a«i STATES. New Hampshire. Massachusetts. .. Uhode Island.. .. Connecticut Vermont New York New Jersey Pennsylvania.. . Delaware Maryland Virginia North Carolina. South Carolina. Georgia Kentucky TenncHoce Uliio Louisiana Mississippi I tidiana Illinois Alabama Xi iss'juri Whole No. of Eoiectors. Majority PKESID'T. VICK >-KF.Blu'l a « » c re" t i h» = "ill '% ? >& 1 ~ ['.^ < o Andrew Jackson took the oath of office, as President, and en- tered upon his duties March 4, 1829. John C. Calhoun took the oath of offioe, as Vice President, and presided in the Senate March 4, 1829. A series of unfortunate political and social occurrences soon led to a rupture of that cordiality which had formerly existed between these two distinguished individuals, the consequences of which were peculiarly disastrous to the political aspirations of Mr. Calhoun, who was never afterwards regarded with much favor beyond the immediate limits of his own State. Note.— It was during this administration that the doftrino of State's rights was so strongly urged by Calbemi, aud 10 this period may 1» dated the ortein af tfco great rebellion, of lStil. ELECTORAL VOTES. 263 Election for the Twelfth Term, commencing March 4, 1S33, and terminating March 3, 1837. STATES. PRESIDENT. YICE PREBIDEHT. £2 c s g-s o * . a o o a o s £ u > ■OS" 10 7 o >> o . = 'B > a .2 a ?"• .2 5 s- O a a ; £*" a 6= 5z a 5 £ a « a a .- x; - O t_ >-» : — a si 11 lT.2 !| 10 7 11 4 8 7 42 8 30 3 10 23 15 11 11 15 15 21 5 4 9 10 7 14 4 8 14 4 8 7 7 42 8 30 42 S 3 ii 3 3 6 30 3 23 15 North Carolina ia ii 11 ii 15 15 15 21 5 4 9 5 7 4 15 21 5 4 9 5 7 4 189 7 49 u 28S 219 li 7 49 30 _ 7 Andrew Jackson, re-elected President, took the oath of office, and continued his duties, March 4, 1833. Martin Van Buren, having been elected Vice President, took the oath of office, and attended in the Senate, March 4, 1S33. Karl}' in June, 1833, the President left Washington on a tour through the Northern States, and was everywhere received with an enthusiasm that evinced the cordial approval of his adminis- tration by the people. One of his first measures, on returning to the seat of government, was the removal of the public moneys from the United States Bank, for which act he encountered the most virulent hostility of a small majority of the Senate, who passed resolutions censuring his course. But this injustice has uot been perpetuated; for on the 16th of January, 1837, these partisan resolutions were expunged from the records by or> = c S it - ■§>§ 7 * ~ © H 9 6 12 4 9 12 4 6 6 "■7 "3" 8 ii' 12 13 23 105 9 6 SO '26' "n" 9* 10 6 6 12 9 9 7 3 6 170 12 4 6 6 30 7 7 26 3 26 3 8 8 17 17 11 11 9 9 10 10 lfl 19 IS 1* ?3 ?2 fi 6 6 12 9 9 7 3 6 170 6 12 9 9 7 .... 3 ft 27ft 105 James K. Polk took the oath of office, as President, and en- tered upon his duties March 4, 1845. George M. Dallas took the oath of office, as Vice President, and attended in the Senate, March 4, 1845. The most important incidents of Mr. Polk s administration were the admission of Texas and the consequent war with Mex- ico, the latter of which resulted in extending our territorial boundaries to the Pacific Ocean, embracing regions of inoalcu lable value. ZACHAEY TAYLOR, THE ELEVENTH PBESIDENT OF THE UNITED STATES, Was born in Orange County, Virginia, November 24, 1790, and, after receiving an indifferent education, passed a con- siderable portion of bis boyhood amid the stirring scenes which were being enacted at that time on our western border. In 1808, he was appointed a lieutenant in the United States infantry, and subsequently was promoted to a captaincy for his efficient services against the Indians. Soon after the declaration of war, in 1812, he was placed in command of Fort Harrison, which he so gallantly de- fended with a handful of men against the attack of a large body of savages, as to win the brevet rank of major. So familiar did he become with the Indian character, and with the mode of warfare of that wily foe, that his services at the West and South were deemed indispensable in the sub- jugation and removal of several hostile tribes. While effecting these desirable objects, he was occasionally re- warded for his toils and sacrifices by gradual promotion, and in 1840 attained the rank of brigadier-general. At the commencement of the troubles with Mexico, in 1845, he was ordered to occupy a position on the American side of the Rio Grande, but not to cross that river unless at- tacked by the Mexicans. He was not, however, allowed to remain long in repose : the enemy, by attacking Fort Brown, which he had built on the Rio Graude, opposite Matamoras, soon afforded him an opportunity to display his skill and valor, and gloriously did he improve it. The brilliant battles of Palo Alto and Resaca de la Palma, where he contended successfully against fearful odds, were precursors to a series of victories which have few parallels in military annals. The attack on Matamoras, the storm- ing of Monterey, the sanguinary contest at Buena Vista, and the numerous skirmishes in which he was engaged, ex- cited universal admiration ; and on his return home, after so signally aiding to " conquer a peace " with Mexico, he was every-where received with the most gratifying demon- strations of respect and affection. In 1848, General Taylor received the nomination of the Whig party for the office 276 ZACHARY TAYLOR. 277 of President of the United States, and, being elected, was inaugurated the year following. But the cares and re- sponsibilities of this position were greater than his con- stitution could endure, hardened as it had been both in Indian and civilized warfare. After the lapse of little more than a year from the time he entered upon his new career, he sunk under its complicated trials, and his noble spirit sought refuge in a more congenial sphere, July 9. 1850. ELECTORAL VOTES. Election J or the Sixteenth Term, commencing March 4, 1849, a i terminating March 3, 1851. STATES. pbes't. v. ritiw'T Maine New Hampshire. Massachusetts. .. Rhode Island Connecticut Vermont New York New .lersey Pennsylvania.... Delaware Maryland Virginia North Carolina.. South Carolina.. Georgia Kentucky Tennessee Ohio Louisiana Mississippi Indiana Illinois Alabama Missouri Arkansas Michigan Florida Texas Iowa Wisconsin 290 Whole No. of Electors |163 127 103,127. M a j o r i t y It*! 1 Zachary Taylor took the oath of office, as President, and entered upon hisduties March 4, 1849. He did not, however, long enjoy his honors — death suddenly closing his earthly career, July 9, 1850. Millard Fillmore took the oath of office, as Vice President, and entered upon his duties March 4, 1 849. Congress heing in session at the time President Taylor died, the Vice President sent a mes- sage to hoth houses on the 10th of July, in which he feelingly an- nounced the melancholy event. On the same day he took the requi- site oath, and entered on the execution of the office of President. Willie P. Mangum, of X. C, President pro tern of the Senate, acted as Vice President, ex'o/A'i7'o,during the remainder of the term MILLARD FILLMORE, THE SUCCESSOR OF GENERAL TAYLOR AS PRESIDENT, Was born at Summer Hill, Cayuga County, New York, Jan« uary 7, 1800, and did not enjoy the advantages of any other education than what he derived from the then inefficient common schools of the county. At an early age he was sent into the wilds of Livingston County to learn a trade, and here he soon attracted the attention of a friend, who placed him in a lawyer's office — thus opening a new, and what was destined to be a most honorable and distinguished career. In 1827, he was admitted as an attorney, and two years afterward as counselor in the Supreme Court. Soon attracting attention, he established himself at Buffalo, where his talents and buisness habits secured him an extended practice. His first entrance into public life was in January, 1829, when he took his seat as a member of the Assembly from Erie County. At this time he distinguished himself for his untiring opposition to imprisonment for debt, and to this are the people indebted in a great degree for the expung- ing of this relic of barbarism from the statute book. Hav- ing gained a high reputation for legislative capacity, in 1833, he was elected a member of the National House of Repre- sentatives; and on the assembling of the Twenty-seventh Congress, to which he was reelected by a larger majority than was ever given to any person in his district, he was placed in the arduous position of Chairman of the Com- mittee of Ways and Means. The measures which he brought forward and sustained with matchless ability, speedily relieved the government from its existing pecuniary embarrassments. In 1847, he was elected Comptroller of the State of New York by a larger majority than had ever been given to any State officer for many years. In 1848, he was selected as a candidate for Vice-President, General Tay- lor heading the ticket. On his election to that high office, he resigned his position as Comptroller, and entered upon his duties as President of the United States Senate. The courtesy, ability, and dignity exhibited by him, while pre- siding over the d-eliberations of that body, received general 279 280 MILLARD FILLMORE. commendation. Upon the sudden death of Gen. Taylor, he became President, and promptly selected a cabinet, distin- guished for its ability, patriotism, and devotion to the Union, and possessing, in an eminent degree, the confidence of the country. After serving out the constitutional term, Mr. Fillmore returned to Buffalo, and again resumed those pursuits which had prepared the way to the elevated position from which he had just retired. He was welcomed home by troops of friends, with whom he still continues to enjoy an unabated popularity. It should be borne in mind by every aspiring young man, that Mr. Fillmore is entirely indebted to his own exertions for his success in life. From a very humble origin, he at- tained the highest office in the world, climbing the rugged steep of fame step by step, with indefatigable industry and untiring perseverance, until he at length gained the summit, where he is long likely to enjoy his well-earned position. FRANKLIN PIERCE, THE TWELFTH PRESIDENT OF THE DNITED STATES, Was born at Hillsborough, N. H., November 23, 1804, and early received the advantage of a liberal education. After going through a regular collegiate course at Bowdoin College, which he entered at the age of sixteen, he became a law student in the office of Judge Woodbury, at Portsmouth, whence he was transferred to the law school at Northamp- ton, where he remained two years, and then finished his studies with Judge Parker, at Amherst. Although his rise at the bar was not rapid, by degrees he attained the high- est rank as a lawyer and advocate. In 1829, he was elected to represent his native town in the State Legislature, where he served four years, during the two last of which he held the speakership, and dis- charged the duties of the office with universal satisfaction. From 1833 to 1837, he represented his State in Congress, and was then elected to the United States Senate, having barely reached the requisite age to qualify him for a seat in that body. In 1834, he married Miss Jane Means, daughter of the Rev. Dr. Appleton, formerly President of Bowdoin College, soon after which he removed to Concord, where he still holds a residence. He was reelected at the expiration of his senatorial term, but resigned his seat the year following, for the purpose of devoting himself exclusively to his legal buisness, which had become so extensive as to require all his attention. In 1846, he declined the office of Attorney-General, ten- dered him by President Polk; but when the war with Mex- ico broke out, he was active in raising the New England regiments of volunteers ; and afterward accepted the com- mission of Brigadier-General, with which he at once re- paired to the field of operations, where he distinguished himself in several hard-fought battles. At Cer^Gordo and Chapultepec he displayed an ardor in his country's cause which extorted praise from his most inveterate pol- itical opponents ; and on his return home he was every - 24 281 282 FRANKLIN PIERCE. ■where received with gratifying evidences that his services were held in grateful remembrance by the people. At the Democratic Convention, held in Baltimore in 1852, after trying in vain to concentrate their votes on a more prominent candidate, that body unexpectedly nominated General Pierce for the office of President of the United States, to which he was elected by an unprecedented ma- jority over his rival, General Scott — receiving 254 votes out of 296. He was duly inaugurated on the 4th of March, 1853, and his administration was more remarkable for its futile attempts to reconcile conflicting interests, than for the achievement of any particular measure of great public utility. However, it will better become his future than his present biographer to "speak of him as he is; nor aught extenuate, nor aught sot down in malice." ELECTORAL VOTES. 283 Election for the Seventeenth Term, commencing March 4, 1853, and terminating March 3, lb57. o STATES. pues't. v. pats'* cu 5 oS Is S 3 tS a 2 . . as « a ce jg !=< o 3 4 4 ft 4 290 IM 42 264 42 Franklin Pierce took the oath of office, as President, and entered upon his duties March 4, 1853. The oath of office was administered to William R. King by a commission while he was on a visit to Cuba for the- benefit of his health; but ho died soon after his return home, and Jesse i). Bright, of Indiana, then ('resident of the 8enato, acted as Vico President, ex officio, during the remainder of the term. John P. Hale, of N. 11., and George VV. Julian, of Ind., were nominated by the "Free Democracy" for President and Vice President, but they did not receive a single electoral vote JAMES BUCHANAN, THIRTEENTH PRESIDENT OF THE UNITED STATES. For the high position he so long maintained in the po- litical affairs of this country, Mr. Buchanan is not alone in- debted to his early and thorough education, but his entiro devotion to whatever he undertook, and his perseverance in sunnouuting obstacles which would have intimidated less determined minds, had a large share in promoting his ad- vancement. He is of Irish parentage, and was born at Stony Batter, Franklin County, Pennsylvania, April 23, 1791. At the age of seven years, he removed with his father's family to Mercersburg, and there received an education that fitted him for entering Dickinson College, in 1805, where he grad- uated two years afterward with the highest honors. He then studied law with James Hopkins, of Lancaster, and in 1812 was admitted to the bar, at which he attained a high rank and commanded an extensive practice. In 1814, he commenced political life as a member of the Pennsylvania State Legislature, and in 1820 was sent as a Representative to Congress, where ho remained for ten years — at the expiration of which he declined a re-nomination. In 1831, he was appointed minister to Russia by President Jackson, of whom he was always the consistent friend and supporter, aud he negotiated a commercial treaty which proved of great advantage to American commerce. In December, 1834, having been elected to the United States Seuate, he took his seat in that body, and continued one of its most efficient members until 1845, when he ac- cepted the office of Secretary of State, under Mr. Polk. He held this responsible place until the expiration of Mr. Polk's term of service, when he returned home to repose awhile. But he did not, by any means, become an idle spectator in passing events ; his letters and speeches show that he was no less vigilant as a private citizen, than as a couuselor in the Cabinet, or a Representative and Senator in Congress. On the accession of Mr. Pierce to the Presidency, in 1853, Mr. Buchanan was appointed minister to England, with which country questions were then pending that required great pru- dence and discrimination for their satisfactory adjustment. 284 JAMES BUCHANAN. 2S5 In his intercourse with the British diplomatists he was not only discreet, but displayed sound sense, courtly forbear- ance, a just assertion of our rights, and the true dignity of the American character. So entirely unexceptionable was his whole course while abroad, that, on his return to this country, in April, 1856 — he landed in New York on the sixty-fifth anniversary of his birthday — he was received with an enthusiasm seldom accorded to political men. In June, 1856, Mr. Buchanan was nominated by the Dem- ocratic Convention at Cincinnati, as a candidate for the Pres- idency ; and although there were powerful political elements arrayed against him in the succeeding campaign, he was tri- umphantly elected to that responsible and honorable office. His administration was attended with unusual difficulties — difficulties which it would seem he was not fully able to meet. The troubles in Kansas, arising from the repeal of the Mis- souri Compromise, and the opposition made to his views touching the admission of Kansas with the Lecompton Con- stitution, by the Douglas wiug of the Democratic party, were matters of sore vexation to him, and tended greatly to un- popularize the latter part of his public life. But these were considerations of small moment as compared to the embar- rassment which the Government suffered in consequence of the treacherous intrigues of some of the members of his Cab- inet. His Secretary of War and Secretary of the Treasury, afterward so conspicuous in the great Rebellion, were par- ticularly instrumental in crippling the pecuniary and mili- tary resources of the country, and turning them to the benefit of the South. When treason began to assume a threateuiug attitude, Buchanau declared against the right of secession, but at the same time denied the right of coercion by the Government. This, perhaps, is the most inconsist- ent, inexplicable position ever taken by any of the nation's chief rulers. On the 4th of March, 1861, Mr. Buchanan retired from the Presidency, leaving to his successor the highly perplexing task of setting to right the machinery of a government crippled and weakened in all its parts, and fully ripe for the most gigantic civil war known to history. It was, at one time, presumed by many that Mr. Buchanan was not only encouraging the rebellion by his weak, inde- 286 JAMES BUCHANAN. eisive policy toward arued traitors, and by winking at the thieving proceedings of some of his Cabinet officers, but that he was himself leagued with the leaders of the seces- sion movement, and secretly acted in unison with them. While it is true that the unhindered appropriation of millions of treasure to the furtherance of rebellious schemes, and the large deposit of choice arms made in Southern ar- senals, would indicate an affiliation of the President with the chief rebels of the South, yet there has never been ad- duced any direct proof of such affiliation ; and nothing said or done by Mr. Buchanan since his retirement shows active sympathy with the Rebellion. There is, however, evidence on every hand of weakness — an element of character he never manifested prior to his executive career — of that negative disposition which will, under circumstances such as surrounded him during the latter part of his adminis- tration, wholly unfit a man for the performance of his duties. The subject of the present sketch would, doubtless, have been a very good executive at a period when the country was undisturbed by sectional agitation ; at a time when there were no conflicting local interests to stir up and em- bitter South against North. But the exigencies of the period during which he sat at the helm of state demanded a man who could take hold with a strong hand ; a man of Jacksonian character, who, with the loftiest political integ- rity and most devoted loyalty, combined a Napoleonic will; a man who, foreseeing the certain results of the pursuits of a conciliatory course with rebellion, would have given it a decisive blow in its very infancy. But it seems that Mr. Buchanan proposed to deal with secessionists as an over-fond, weak-minded mother deals with a spoiled child — scolding and coaxing alternately, satisfied to exhibit her authority by the former, and confident that she can reform her fondling by the latter. Perhaps he may be partially excused by some in consideration of the debt of gratitude he felt he owed to. the Southern States, for the valuable services they had rendered him in his election. But a truly great executive never allows his feelings to in- terfere with the performance of duty. The life of the na- tion was in jeopardy ; that grand superstructure, the Ameri- JAMES BUCHANAN. 287 can Government, whose foundation stones had been co- nsented by the sacred blood of the Revolutionary siree, whose columns had been reared by the wisest, purest statesmen the world ever saw, and about whose lofty dome the brightest seraphs of Heaven chanted their sweetest lays — that great temple around which clustered the hopes of the liberty-loving world, was threatened with destruc- tion, and there can hardly be any excuse for him who, having the power to save, refused to adopt such decisive measures as were essential to salvation. It is true that the Southern people had acted a very im- portant part in the election of Mr. Buchanan, but it is very far from being true that a majority of these people were in favor of secession. The great Democratic party was not a party of traitors, either North or South. The masses of the people of the Southern States were by no means desirous of severing their connection with the Gov- ernment of the United States, as was amply testified in the overwhelming Union majorities given in North Carolina, Tennessee, and other Southern States, even after South Carolina had sloughed off, and all the preliminary steps had been taken by the leading secessionists toward the formation of a Southern Confederacy. And there is no doubt that had Mr. Buchanan taken hold of the rebell- ion, while it was in the larva, with that determination to crush it which the great Jackson exhibited when South Carolina proposed her scheme of nullification, it had never seeu its winged existence. Buchanan's administration, in one respect, may possibly yet be productive of good, in that it may serve to impress the people with the importance of selecting a man for the chief magistracy who loves the right and dares to do it. He ouly survived the close of the war about three years, as he diod on the 1st of June, 1868, in the 77th year of hia age. 288 ELECTORAL VOTWS Election for the Eighteenth Term, commencing March 4, 1857 and terminating March 3, 1861. as STATES. Maine New Hampshire. Massachusetts... Rhode Island.... Connecticut Vermont New York Bfaw Jersey Pennsylvania — Delaware Maryland Virginia North Carolina. South Carolina.. Georgia Kentucky Tennessee Ohio Louisiana < Mississippi Indiana Illinois Alaliama Missouri Arkansas Michigan Florida Texas Iowa Wisconsin* California PUKSIDBNT. No. of Elector 174 114 8 174 114 Majority ...141) VICE-IRKS T. •if *i? • o — o I Ijip - |a 1 o < o James Buchanan took the oath of office, as President, and entered upon his duties, March 4, 1857. .John C. Breekenridne took the oath of office, as Vice-Presi- dent, and entered upon his duties, March 4, 1857. *Whou the Electosal votes were being counted, in Joint Convention of the Senate and Uouso of Representatives, objections were made to including the votes of Wis- consin, because the electors did not meet until the day after that prescribed by law The President of the Convention stated that he merely announced that James Bn chatian had been eloctod President of the United -States, without any rofeionc* tc the contested votes, uud docliuod oxpreasiug an opinion on the Bubject. ABRAHAM LINCOLN, THE FOURTEENTH PRESIDENT OF THE UNITED STATES, Was born in Hardin County, Kentucky, February 12th, 1809. The record of his boyhood and youth, so far as we have been able to trace it, is not distinguished by any thing more remarkable than the usual experience of children of pioneers in a new country. In 1816, he removed with his parents to what is now Spencer County, Indiana. Here he enjoyed the advantages of a little schooling — less than a year, however, in all. Whatever else he afterward learned from books was without the aid of the school-master — the result of his own energy and indomitable perseverance. Iu 1832, he served in the Black Hawk war, and, on his return from that service, was nominated for the Illinois Legislature from the county of Macon. In 1834, he was elected to the Legislature, and reelected in 1836, 1838, and 1840. While in the Legislature, he placed himself on record against slavery; and it is but just to say that the principles which actuated him then are the moving principles of the great party he to-day represents as the executive of the nation. For many years Mr. Lincoln was a prominent leader of the Whig party in Illinois, and was on the electoral ticket in several Presidential campaigns. In 1844, he canvassed tb/: cutire State for Henry Clay, of whom he was a sincere and enthusiastic friend, and exerted himself powerfully for the favorite of his partjt In 1846, he was elected to Con- gress, and took his seat on the first Monday in December, 1847, the only Whig Representative from his State. In November, 1860, he was elected President of the United States by the party known as Republicans. On the 11th of February, 1861, he left his home in Springfield, Illinois, and proceeded to Washington, pass- ing en route the cities of Toledo, Indianapolis, Cincinnati, Columbus, Steubenville, Pittsburgh, Cleveland, Buffalo, Albany, Poughkeepsie, New York, Trenton, Philadelphia, Harrisburg, and Baltimore — at all of which places, except the last, he was received with great cordiality, and ad- dressed the people. At Baltimore a plot had been formed 25 ? CA 290 ABRAHAM LINCOLN. to assassinate him ; and, in this affair, it seems that some of the most prominent citizens of that place were impli- cated. But Mr. Lincoln, by prompt, shrewd management, reached Washington uninjured, and, on the 4th of March, 1861, was duly inaugurated, and proceeded upon the du- ties of his office, notwithstanding the threats of Baltimor- eans that he never should be installed. In his inaugural address, in view of the threatening attitude assumed by some of the Southern States, in consequence of the acces- sion of a Republican administration, after declaring that there never had been any just cause for the apprehension that such an administration would encroach upon the con- stitutional rights of any State, he said that he had "no purpose, directly or indirectly, to isterfere with the insti- tution of slavery in the States where it existed; that he, as well as every Member of Congress, was sworn to sup- port the whole Constitution, one of the provisions of which is, that ' no person held to service or labor in one State, under the laws thereof, escaping into another State, shall, in conseqjience of any law or regulation therein, be dis- charged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due ;' that he took his oath to support the Con- stitution, without any mental reservation; that while he did not then choose to specify particular acts of Congress as proper to be enforced, he did suggest that it would be much safer for all, both in official and private stations, to conform to and abide by all those acts which sta-nd unre- pealed than to violate any of them, trusting to find im- punity in having them held to be unconstitutional ; that he held that, in the contemplation of universal law and of the Constitution, the union of the States is perpetual ; that no State could, upon its own mere motion, get out of the Union ; that acts of violence within any State or States against the authority of the United States are in- surrectionary or revolutionary, and that he should, as the Constitution expressly enjoiued upon him, take care that the laws of the Union should be executed in all the States; that while he should perform this duty perfectly, so far as practicable, unless restrained by his rightful masters, the ABRAHAM LINCOLN. 291 American people, he trusted the declaration so to do would not be regarded as a menace, but only as the express pur- pose of the Union to maintain itself." The inaugural address, while considered as clear and explicit by many, was regarded as very obscure and un- satisfactory by others (the people of the South), and, on the 13th of April, 1861, Messrs. Preston, Stuart, and Ran- dolph, appointed by the Virginia Convention, were formally received by the President, and presented resolutions re- questing that, inasmuch as "great uncertainty prevailed in the public mind as to the policy" to be pursued by the Federal Executive, he should communicate to the Conven- tion the course he intended to take in regard to the " Con- federate States." To this request the President replied that, while he was sorry that dangerous uncertainty should exist respecting his mode of procedure with the seceded States, he could give no clearer exposition of his policy than was given in his inaugural address, a careful consideration of which he recommended to the Virginia Convention. Two days after this, Fort Sumter having been reduced by the Confederate Government, and other demonstrations of a revolutionary character having been made, the Pres- ident issued a proclamation calling for 75,000 volunteers, for three months, to suppress the rebellion, and summoned Congress to assemble in extraordinary session. The call was heartily responded to, and, in a few days, a vastly greater number than had been requested offered themselves to their country. Meantime Washington was placed in a state of defense. Shortly after the commencement of hos- tilities, a blockade of all the Southern ports was declared. This was directly followed by a blockade of Virginia and North Carolina. On the 3d of May, 1861, the President issued a call for 42,034 additional volunteers for the term of three years. Congress having assembled, he addressed a message to that body, asking that at least 400,000 men and $400,000,000 be placed at his control, that the work of crushing the rebellion might be expedited. Congress readily complied, granting more men and money than had been askca. 292 ABRAHAM LINCOLN. On the 16th of August, 1861, the President issued a proclamation prohibiting all commercial intercourse be- tween the loyal and seceded States. In the latter part of August, he modified a proclamation issued by General Fre- mont, which declared martial law in the State of Missouri, ordering the confiscation of the property of disloyal per- sons, and declaring their slaves free. The two latter of these measures Mr. Lincoln declared void. For this act he was blamed by many of his own party at the time. Passing some other acts of less importance, we next no- tice the message addressed to Congress on the 6th of March, 1862, by the President, recommending that the Govern- ment cooperate with any State desiring a gradual emanci- pation of the slaves, by affording it such pecuniary aid as would enable it to "compensate for the inconveniences, public and private, produced by such change of system." This message was hailed by the radical antislavery party of the country as the initiatory step toward a final and total abolition of slavery ; by conservative Union men, with indifference ; and by the secessionists as a hostile encroach- ment upon State rights. On the 11th of March, 1862, Mr. Lincoln assumed com- mand of the Army and Navy of the United States, order- ing a general movement of both, and confining General McClellan to the command of the Department of the Po- tomac. April 16th, 1862, he approved and signed an act of Congress, abolishing the institution of slavery in the Dis- trict of Columbia, which act " recognized and practically applied" the principles of compensation and colonization. During the month of May, the President issued two proclamations, the one declaring the ports of Port Royal, Beautort, and New Orleans open for trade, the other re- pudiating an order issued by General Hunter, emancipat- ing all the slaves in Georgia, Florida, and South Carolina. This act also produced some dissatisfaction. During the years 1862-1863, Mr. Lincoln was actively employed in calling out and furnishing troops, and making important changes in the organization of the army. It was also dur- ing this period that he issued his general emancipation ABRAHAM LINCOLN. 293 proclamations — the first on the 22d day of September, 1862, declaring that all slaves held in any State, or part of a State found in actual rebellion against the authority of the United States on the 1st day of January, 1863, should then and forever thereafter be free ; the second, on the 1st of January, 1863, declaring that, in accordance with the first proclamation, slavery is abolished in all the States and counties then in armed rebellion against the Government. These measures, while they greatly unpopularized the President with certain parties in the Northern and South- ern border States, were regarded as the exponents of the true policy by the radicals. His suspension of the writ of habeas corpus, in certain cases, September 15th, 1863, also produced considerable stir in political circles. At the Republican Convention which met at Baltimore, in January, 1864, Mr. Lincoln was re-nominated for the Presidency of the United States — was elected November 8th, and duly inaugurated March 4th, 1865. The following note of his inaugural address is from an English journal. It speaks for itself: " On the 4th instant, the day of inaugurating his sec- ond term, President Lincoln read a short State paper, which for political weight, moral dignity, and unaffected solemnity has had no equal in our time. His presidency began, he says, with the efforts of both parties to avoid war. 'To strengthen, perpetuate, and extend the slave interest was the object for which the insurgents would rend the Union by war, while the Government claimed the right to do no more than restrict the territorial enlarge- ment of it.' Both parties 'read the same Bible and pray to the same God.' ***** "The prayer of both can not be answered, that of neither has been answered fully, for the Almighty has his own pur- poses. Mr. Lincoln goes on to confess for the North its partnership in the original guilt of slavery : ' Woe unto the world because of its offenses, for it must needs be that offenses come ; but woe unto that man by whom the offenses cometh! If we shall suppose American slavery one of the offenses which in the providence of God must needs come, but which, having continued through His appointed time, 294 ABRAHAM LINCOLN. He now wills to remove, and that He gives to both North and South this terrible war, as was due to those by whom the offense came, we will not discern that there is any de- parture from those divine attributes which believers in the living God always ascribe to Him. Fondly do we hope, fervently do we pray, that this mighty scourge of war may speedily pass away. Yet, if it be God's will that it con- tinue till the wealth piled by bondsmen by two hundred and fifty years' unrequited toil shall be sunk, and till every drop of blood drawn with the lash shall be repaid by an- other drawn with the sword, as was said three thousand years ago, so still it must be said that the judgments of the Lord are true and righteous altogether. With malice to- ward none, with charity for all, with firmness in the right, as God gives us to see the light, let us strive on to finish the work we are in, to bind up the nation's wounds, to care for those who have borne the battle, aud for their widows and orphans. And with all this let us strive after a just and lasting peace among ourselves and with all nations.' No statesman ever uttered words stamped at once with the seal of so deep a wisdom aud so true a simplicity. The 'village attorney,' of whom Sir G. C. Lewis and many other wise men wrote with so much scorn, in 1861, seems destined to be one of those 'foolish things of the world' which are destined to confound the wise, one of those weak things which shall 'confound the things that are mighty.'" The rebel General Lee had surrendered. The war was apparently at an end. Abraham Lincoln, the honored and the great, looked forward to a speedy restoration of the Union. But while the storm lulled, the assassin did his work. J. Wilkes Booth shot Abraham Lincoln on the night of the 13th, and he died April 14th, 1865, honored and lamented by every true American. The world never before beheld such universal sorrow. A nation not merely mourned but was clad in the deepest mourning. ELECTORAL VOTES. 295 Election for the Nineteenth Term, commencing March 4, 1861, and terminating March 3, 1865. c £ IS c a 5-S s o * c STATES. c "2 B J5 . E "5 "rt — < : PURSIDKNT. vice pbksidtnt. M Is o £ . E »-a e j| c a <■§ ST E a 8 e S o «. c a II o i § B o o > « 1° g 8 5 n 8 5 13 4 6 5 35 4 27 6 13 4 4 6 5 35 4 27 e 6 35 7 3 3 27 3 8 16 12 12 3 3 8 8 16 15 10 10 S 10 10 8 10 8 10 12 12 12 1? m Ohio 23 23 6 6 7 6 7 7 13 13 11 13 11 n !•) 9 9 q 9 9 4 4 6 4 fi 6 3 3 4 3 4 4 4 Jowa 4 5 4 4 3 180 4 6 4 4 3 130 6 4 4 3 816 72 39 12 72 39 12 Abraham Lincoln took the oath of office as President, and entered upon his duties, March 4th, 1861. Hannibal Hamlin took the oath of office as Vice-President, and attended in the Senate as its President, on the 4th of March, 1861. The acces- sion of Mr. Lincoln to the Presidency was made the pretext for the great rebellion of 1861. 296 electoral V0TE8. Election for the Twentieth Term, commencing March 4, 1865, and terminating March 3, 1869. STATES. I'KKSIDKNT. V. PIIF.SU> KMT B o c i. e * o a "3 o a 3 . si = 3 ■< "3 5 u 5 "I Wo c c j: 9 S 3 ~ C-> H ° O o 7 5 12 4 6 6 33 7 20 3 7 15 6 S 10 10 11 la '*. 6 7 13 15 19 M ' 7 6 IS 4 C 5 33 7 7 5 12 4 6 5 33 2C, 7 7 2G 3 7 5 11 11 21 21 15 j 13 11 8 8 ! 8 :::::::.":: 8 8 8 I 4 3 8 5 4 3 3 4 3 3 331 212 21 213 21 Virginia, South Carolina, North Carolina, Georgia, Tennessee, Louisiaua, Mis- sissippi, Alabama, Arkansas, Florida and Texas, being in rebellion, did not vote for President and Vice President. Whole number of Electoral votes cast were 233 — for Lincoln and Johnson, 212 ; for McClellan and Pendleton, 21. Lincoln and Johnson's majority 191, the great- est majority attained since the organization of the Government. Aiiruham Lincoln took the oath of office as President and entered upon his du- ties March 4, 18H5. Audiew Johnson took the oath of office as Vice President, and attended in the Senate as its President March 4, 18t>5. ANDREW JOHNSON Was bom at Raleigh, North Carolina, December 29th, 1808, and is now in his sixtieth year. He lost his father when only four years old. At the age of ten he was ap- prenticed to a tailor in Raleigh, and served with him an apprenticeship of seven years. His mother was poor, and had been unable to give him any educational advantages ; but youug Andy, whose unconquerable spirit was not to be restrained by any disadvantages, became stimulated with a desire for knowledge. He acquired the alphabet with no other instructions than those obtained from the journey- men with whom he worked. He learned to read from an old volume of speeches, loaned him by a friend, and thence- forward, after ten hours' work with his goose, needle, and scissors, applied himself with vigor to study for three or four hours each evening. In 182-1, having completed his apprenticeship, he went to Laurens Court-house, South Carolina, where he worked as journeyman for two years. In 1826, he set out for the West, taking his mother, whom already, at his early age, and with his scanty wages, he was supporting. He made his home at Greenville, Ten- nessee, where he remained, and commenced business, and where he became a thriving and popular man. With the indefatigable thirst for knowledge which had characterized his early career, he still pursued his studies, and, in the evenings which followed a day of labor, with his wife aa instructress, pushed on in the road to knowledge. He entered early into political life, being elected to the first office he ever held — that of Alderman of the village of Greenville — in 1828. He was reelected to the same office in 1829. In 1830, he was elected Mayor, and re- tained that position for three years. In 1835, he was sent to the Legislature, where he chiefly distinguished himself by taking strong grounds against a scheme of internal im- provements, which, he argued, was extravagant and useless. The measure was popular, however, and he was defeated in 1837. In 1838, he was a candidate again, and was this time successful. In 1840, he served as Presidential elector for the State at large on the Democratic ticket, and during 297 298 ANDREW JOHNSON. the campaign rendered efficient service to the party as a etump speaker. In 1841, he was elected to the State Sen- ate, and, in 1843, at the age of thirty-five, he was elected to Congress, where he held his seat, being four times reelected, until 1853. During this time he was thoroughly identified with the old Democratic party, and supported all the party measures. In 1853, he was elected Governor, after a very exciting contest, over Gustavus A. Henry. He was reelected in 1855, over Meredith P. Gentry, the Whig candidate. At the expiration of his Gubernatorial term, in 1857, he was chosen United States Senator by a Democratic majority in the Legislature of Tennessee. In that body he commanded the respect of all his compeers, as an able, eloquent, and patriotic statesman. At the breaking out of the rebellion, Senator Andrew Johnson still proclaimed his allegiance to the United States, and continued to hold his seat in the Senate, though his course subjected him to much unpopu- larity, and even danger. When, in the spring of 1862, our army had penetrated Tennessee to Nashville, and the northern and central por- tions of the States were wrested from rebel control, the President desired the services of a wise and sagacious man, of unquestionable loyalty, to act as Military Governor of that State ; and he did not have long to look — Andrew Johnson was at once recognized as the man for the place, and, being commissioned a Brigadier-General, he repaired to Nashville, where he for two years discharged the deli- cate and responsible duty of his charge with a degree of wisdom and efficiency which challenged general admira- tion. Under his administration, the rebellion had steadily been losing its hold in Tennessee, and loyalty was as con- stantly cultivated and developed. He was nominated for the Vice-Presidency by the Union Convention at Baltimore, June 8th, 1864, and was elected November 8, 1864, and was sworn into office March 4th, 1865. President Lincoln died April 15. Andrew Johnson was sworn into office as President of the United States, on the game day, by Chief Justice Chase. Soon after entering upon the duties of his office, he ve- ANI/EEW JOHNSON. toed the Civil Rights Bill, the Constitutional Amendment, the Mili" -rnment Bill, and all the important hilla pas&ed by Congress ; also suspended Edwin M 3tai - .-.-tary of War. from office, during the • ; on the assembling of which, he sent theiL : -ons for so doing. Upon eonadering i - instated E S -.ton. Wherempcm the Pi sued an order removing him. and m \ : '.'. ,-ral Thomas. Adjutant-General of the ar- ad interim — I adv. 5 ' "iiich and mai_ mif Hid 1 ^al, the Ho,- -' f ] - '. i -- ! be was ■ ee oidra gij tried for the I rait of which trial will be f'&ucd in the Impeachment Ac: jd an ..ther page 300 LIEUTENANT-GENERAL ULYSSES 8. GRANT. LIEUTENANT-GENERAL ULYSSES S. GRANT, Was born at Mount Pleasant, Clermont county, Ohio. It seems that the only marked traits of character he exhibited in early Doyhood were energy, industry, will. His educational advan- tages, at this period, were those of the common, country school — no more. In the year 1839, at the age of seventeen, he entered the United States Military Academy at West Point, from which he graduated on the 30th day of January, 1843. During his stay t this Institution he manifested that untiring industry, close application and unconquerable will which distinguished his boyhood, and which have constituted so conspicuous an element of his military character. It appears, however, that he was never regarded as a genius; and the grade he sustained on the day of graduation — that of 21 in a class of about 42 — would not indicate extraordinary advancement in the studies assigned him. But it was remarked by those who conducted him through his Academic course, as it has been by those who have observed bis military career, that he never lost an inch of the ground gained at each successive step in his progress. At his gradua- tion it is said he possessed a "practical knowledge of the use of the rifled musket, the tield piece, mortar, siege, and sea-coast guns, small sword and bayonet, as well as the construction of held works, and the fabrication of all munitions and materiel of war." At the close of his Academic course, he entered the United States regular army as a Brevet Second- Lieutenant of infantry. At this time, the United States being at peace with all nations, Grant was attached as a Supernumerary Lieutenant to the fourth infantry, then stationed on the frontier in Missouri and Missouri Territory, and engaged in keeping down the Indian tribes that at that time were very troublesome to the early set- tlers of that region. Here Grant had not been many monthi when he was ordered, with his regiment, to join the army of General Taylor, in Texas. Soon after this, Corpus Chris ti, an important port on the Texan shore, was taken possession of by the American army as a base of operations against the Mexi- cans, between whom and the United States disputes respecting certain imaginary boundary lines were fast ripening into a war; and it was here that Grant received his commission as full Second Lieutenant of Infantry. This commission dated from the 3Uth day of September, 1845. On the 8th day of May, 1846, he participated in the battle of Palo Alto, and although not noticed in the official reports, was spoken of by his com- rades as having displayed great gallantry. lie was likewise engaged in the subsequent brilliant operations of General Tay- lor along the banks of the liio Grande. On the 23d of Septem- LIEUTENAXT-GEXLRAL CLYSSES S. GRAXT. 301 ber, 1846. he took part, with great credit to himself, in the splendid affair at Monterey. It is a noteworthy fact that, al- though Grant's conduct in every one of these engagements was highly meritorious, he remained in the back ground, claiming no honors or promotions, but quietly biding his time. After the formal declaration of war by the United States, against Mexico, he was transferred to the command of General Scott, and subsequently (March '29, 1 S 4 7 , ) particiriited in the siege of Vera Cruz. Immediately alter this affair, he was ap- pointed the (Quartermaster of his regiment, which office he re- tained throughout the Mexican campaign. He was, however, honored with the appointment, on the field, of First Lieutenant, to date from the 8th of September, 1847, for gallant and distin- guished voluntary services rendered on that day in the famous battle of Molino del Ray. Congress afterwards wished to con- firm the appointment as a mere brevet, but Grant refused to accept it under such circumstances. On the 13th of September, 1847, he was made Brevet Captain of the regular army for gallant conduct in the battle of Che- pultepec, which battle occurred on the preceding day. On the 16th of November, 1847, he was commissioned a First Lieuten- ant in the fourth regiment of regular infantry, still retaining his brevet rank of Captain. At the close of the Mexican war, Grant, upon the distribution of his regiment in companies and sections among the various Northern frontier defences, along the borders of the States of Michigan and New York, took command of his company in one of these defences. His regiment having been afterwards con- solidated and ordered to the Department of the Pacific, Grant, with his own and some other companies, was sent into Oregon to Fort Dallas. He received his full promotion to Captain of infantry, in August, 1853, and was. shortly afterwards, attached to the Department of the West: but. not regarding military so favorable to progress as civil life, he resigned his connection with the United States army on the 31st day of July, 1854, after which he resided near the city of St. Louis, Missouri, until the year 1859. Here he resided on a small farm, occupying him- self in winter by hauling wood to the Carondelet market, and during the summer in the collection of debts, for which latter business, it is said, he had little capacity. In the year 1859, he embarked in the leather trade with his father, the firm opening business in the city of Galena, Illinois. Grant continued in the leather business, driving a prosperous trade, up to the breaking out of the Rebellion in 1861, when he offered his services to his country, upon the first call for volun- teers, and was appointed by Governor Yates as Commander-in Chief of the Illinois forces and mustering officer of Illinois 302 LIEUTENANT-GENERAL ULYSSES S. GRANT. volunteers. Desiring active service in the field, he resigned his appointment as. mustering officer, and accepted the Colonelcy of the 21st regiment of Illinois volunteers, with a commission dating from June 15, 1861. In August, 1861, Colonel Grant was promoted to the rank of Brigadier General of volunteers, his commission dating from May 17, 1861. Shortly after this he was appointed commandant of the post at Cairo — which post included the Missouri shore of the Missis- sippi river, from Cape Girardeau to New Madrid, and the oppo- site shore, to the point of land on which Cairo stands. This position Grant filled with great ability, checkmating, by his adroit maneuvering, the efforts of the rebels to occupy, perma nently, southern Kentucky, and conducting those successful expeditions against Forts Henry and Donelson, which opened the way to the occupation of Western Tennessee. On the 16th of February, 1862, the day after the surrender of Fort Donelson, he was appointed Major General of volunteers, and was placed in command of an expedition up the Tennessee river against the rebels in and about Corinth, under comman of Johnston and Beauregard. This expedition terminated in the great battle of Shiloh or Pittsburg Landing — which battle, occupying two days, (April 6th and 7th, 1862,) was one of the bloodiest of the war, and resulted in the defeat of the rebels and their retreat upon Corinth. For the immense slaughter which attended this battle, Gen- eral Grant was very severely censured by the people, generally, throughout the Western States. Soon after this, General llalleck having assumed command of the army before Corinth, and that place having fallen into the hands of the United States forces by evacuation, an important change took place in the army, which resulted in the assignment of General Grant to the District of West Tennessee, and tie promotion of General llalleck to the office of General-in-Chief. The former soon after formed the plan of opening the Missis- sippi river to its mouth. Memphis having been given up to our troops, the chief obstacle in the way of the prosecution of the design were Vicksburg and Port Hudson. After a series of expeditions and battles, land and naval, in which the courage and fortitude of the Union troops were no less prominently exhibited than the superior engineering pow- ers and unyielding stubbornness of General Grant, Vicksburg was reduced by siege and was occupied by Grant on the 4th of July, 1863; and directly after this (July 8, 1863) followed the surrender of Port Hudson to General N. P. Banks. On the 16th of October, 1863, the Departments of the Ohio, of the Cumberland, and of the Tennessee were formed into the Military Division of the Mississippi, under the command of LIEUTENAXT-OENKRAL ULYSSK3 S. GRANT. 303 General Grant. The General, however, was not long in this position until, the grade of Lietitenant-General having been revived, he was promoted to that office — which office gave him control of the entire forces of the United States. This appointment was made in February, 18(54, and was immediately followed by the most active, thorough preparations for a movement upon Richmond by the Army of the Potomac under the personal command of General Grant, and an expedi- tion against Atlanta under command of General Sherman. After the battles of the Wilderness, Spottsylvania Court House and the siege of Petersburg, Lee's retreat was cut off by the rapid movements which Grant instituted, and on the 9th of April, just one week after the last great battle, the army of Northern Virginia capitulated. Soon after the rebel General Johnston surrendered to General Sherman, on the Barao terms granted by Grant to Lee, and the great civil war was ended. Grant was appointed Secretary of War ad interim, August 12th, 1867, and tilled the office with distinction untiljanuary 14, 18G8, at which time Secretary Stanton was reinstated by Congress. On the 21st of May, 18t>8. he was unanimously nominated for the Presidential chair by the Republican Convention, which met at Chicago. 304 ELECTORAL VOTKB. Election for the Ticcniy-first Term, commencing March 4, 1869, and terminating March 3, 1873. s o > m y . £ a . a o 5 K 8TATKS. a °.i ■ S 'n s u 3 O ■ .2 £ 3* t- v. o o "3 3 "3 3_. • 3 i-> £ go » 7 12 4 G 5 7 12 4 G 5 5 12 1 6 33 7 33 7 33 7 2li 2(5 20 3 7 7 a 7 15 5 G 9 5 G 9 9 g Georgia 9 11 9 11 10 10 21 10 21 21 G 6 7 13 13 15 9 11 5 8 3 13 15 9 11 5 8 3 15 Illinois 9 11 8 3 4 8 8 8 5 4 8 8 6 4 8 6 4 3 3 3 3 3 3 3 3 Whole number of Electors. Necessary to a choice. 310 159 211 79 211 79 Virginia, Mississippi and Texas, did not vote, not having con- formed to the reconstruction acts of Congress. ELECTORAL VOTES. 305 Election for the Twenty-second Term, commencing March 4, 1873 and terminating March 3, 1877. s o a O « <=* o STATES. a 02.5 5 O g CO w i£ ° in 10 10 6 6 6 6 3 4 6 6 3 4 6 3 4 11 8 ?1 21 15 11 5 21 15 11 5 15 11 5 1? 12 8 7 7 7 S 8 13 13 11 5 8 13 11 5 8 11 ft 8 l r > 15 s 3 3 5 9 35 10 22 3 29 4 7 3 3 5 9 35 10 22 3 29 4 7 S ft 9 Sft 10 ?? Ohio s oq 4 12 12 8 8 5 5 11 5 10 5 11 5 10 11 10 * Owing to the death of Horace Greeley, the vote of no Electoral College was given for him. Tlie Democratic Electoral vote was for B. Gratz Brown, 18 ; Thomas A. Hendricks, 42 ; Charles J. Jenkins, 2 ; Davis Davis, 1. tNot counted, 17 ; of these, three votes cast in Georgia for Horace Greeley were excluded, he having died before the votes were so cast— the House voting to exclude, the Senate to receive. The vote of Ar- kansas was rejected— the House voting to receive, the Senate to reject. The vote of Louisiana was rejected, both Houses concurring. Total counted, 349— necessary to a choice, 175. 2G 3U0" POPULAR VOTES. POPULAR VOTE FOR PRESIDENT, BY STATES. IS*!.* 1828. 18324 1836. STATES. a < a o £ OS •o u 5 a 5 a d -3 < a o !-5 2 5 © 1=1 si sl 241G 9443 1G80 67 193S 17138 No op J'son. 15037 1238 19008 2400 Connecticut ... 7587 By Legisl 1978 ature — 13829 4709 4118 4349 17755 427G 11209 4110 18400 4738 19234 4155 By 1512 3090 Legisl l'JOl 7343 ature 219 1581 17052 18709 G7C3 22237 5429 15472 20750 14147 3 1552 24930 11983 41281 Illinois 1017 5315 18097 32480 By C870 14G32 30G87 G453 Legisl 2330 14523 ature 3G4G G61G 1G782 31172 40u7 20773 25759 2983G 39081 4G05 13927 24578 6019 4339G 2528 27204 191C0 33003 30247 4049 33291 19150 14545 30955 3383 15239 25852 41093 4000 9G38 8337 G22S 20892 138543 23020 105405 87111 2710 33435 695 22300 22107 33501 7300 9970 10995 18722 2G347 Maryland Massachusetts Mississippi N. Hampshire New Jersey ... 1694 311 4107 9110 By 12290 5410 2145 By 216 3234 987 643 10985 Legisl 20115 18457 3G100 Legisl 20197 119 119G ature 15G21 420G 200 ature 312 1401 1581 3422 24071, 23758 135413 13918 G339G 50818 2754 G763 8232 20G92 21950 1407G3 37S57 G7597 101652 821 maj. 19010 23393 15489(i 4503 70539 5G71G 2810 5919 5192 25480 23850 108497 24802 8121 1: 90983 2126 NorthCarolina Ohio Pennsylvania . Rhode Island. SouthCarolina 19255 1009 2G910 90913 91475 2904 Texas — 2240 44090 143G 28740 359G2 20120 "Vermont By 3189 Legisl 2801 ature 8489 24784 12101 8205 2G752 1 1 152 11451 787(i 33009 20991 233GS 14037 Virginia 41C 30201 Total 105321 155872 44'»8''' 40587 087502 730050 701549 Jackson over Adams, in 1824, 50,551; over Adams in 1828, 138,134; over Clay, in 1832, 157,313. Van Buren over Harrison and all others, in 1830, 24,893. ♦Neither candidate received a majority of the Electoral Vote, and the House of Representatives elected Mr. John Quiucy Adams. t William Wirt, of Maryland, ran as an Anti-Masonic candidate, in 1832, re- ceiving a considerable voto in Now England, New York and Pennsylvania, which is added to that of Mr. Clay- in our tables. Mr. Wirt received the elect- oral voto of Vermont. X Tho Opposition voto was divided between General William H. Harrison, of Ohio, Hugh L. White, of Tennossee, Willie P. Mangum, of North Carolina, and Daniel Webster, of Massachusetts. POPULAR VOTES. 307 POPULAR VOTE FOR PRESIDENT, DY STATES— Continued. 1S40. 1844. 1848. NAMES. a C- 2 e •2" -i 5 •2* i £ o e c o s |=5 B $ ss = SQ E^t a *A ^» s<=> S^ a > B O B B H c > Alabama ... 28471 33991 20084 27740 30482 31303 Arkansas ... 61 GO 0700 — 5 04 9o4o — 7588 9300 — Connecticut 31001 25290 174 32832 29841 1943 30314 27(>1'. 501)5 D< lawaro ... 59v.7 4884 — 627S 6990 C421 5898 80 3110 47541 1847 11802 402G1 31921 42100 44177 _ _ 4",.- j :j7 47470 149 40528 57920 3570 53047 5G300 10774 60302 51604 — 67867 70181 2100 69907 74745 8100 11084 C7141 12003 49720 1126 Kentucky... 58489 32610 61250 519S8 Louisiana... 11296 7010 — 13083 13782 18217 15370 — 40012 40201 194 34378 40719 4836 35120 398S0 12096 Maryland... 33528 28752 — 35984 32076 — 37702 34528 125 Massach'tts 72874 51941 1021 67418 62S46 10800 C1070 30281 38058 Michigan ... 22933 21131 321 24337 27759 3632 23940 30087 10389 Mississippi. 19018 16995 — 19206 20120 — 20922 26537 — Missouri .... 22972 29760 — 31251 41309 — 32071 4<077 — New Hamp. 26108 32761 126 17SG0 27100 4161 14781 27703 75o0 New Jersey. 33351 31034 09 38318 37495 131 40010 30901 829 New .York... 225817 212027 279S 232482 2375S8 15812 218C03 114318 120510 N. Carolina 40370 33782 43232 39287 43550 3480'J — Ohio 148157 144021 124782 143672 903 343 155057 161203 149117 107030 8050 313S 1383C0 185013 154770 171170 35354 Pennsylv'a. 11203 Rhode Isl'd 5278 3301 42 7322 4807 107 C779 364C 730 Tennessee .. 00391 48289 C0030 59917 64700 58419 4509 23122 100G8 10948 32440 18018 319 26770 18041 3954 13837 Virginia .... 42501 43893 — 43077 4907C — 45124 4G58li 9 13747 15001 10418 Total 1275011 1122912 7009 1299062 1337243 62300 1300099 1220044 291203 Harrison over Van Buren, 145,999; over Van Buren and Birney, 138,940. Polk over Clay, 38,181 ; Clay and Birney over Polk, 24,119. Taylor over Cass, 139,555 ; Cass and Van Bnren over Taylor, 161,700. 308 POPULAR VOTES. POPULAR VOTE FOR PRESIDENT, BY STATES-Continued. SO £ o a g<3 aP E"S Alabama Arkansas California Connecticut Delaware Florida Georgia Illinois Indiana Iowa Kentucky Louisiana Maine Maryland Massachusetts ... Michigan Mississippi Missouri New Hampshire New Jersey New York North Carolina- Ohio Pennsylvania Rhode Island South Carolina.. Venuessee Texas Vermont Virginia Wisconsin Total 15038 7404 35407 30357 0293 2875 10000 04934 80901 15S5G 57008 17255 32543 35006 52083 33S59 17548 29984 1G147 3855G 234882 39058 152526 179174 7026 Electors 5S898 4995 22173 58572 22240 2G881 12173 40026 33249 0318 4318 34705 80597 95310 17703 5380G 18G47 41009 40020 44509 41842 2G87G 38353 29997 44305 2G2083 39744 109220 1985G8 8735 chosen 57018 13552 13044 73858 33058 100 3100 62 9966 6929 1004 8030 54 28023 7237 CG95 350 25329 31G82 8525 644 by Leg 8G21 8814 20G91 42715 308 9G189 94375 43954 314 67379 281 108190 71702 38345 2S338 27G007 187497 147510 11467 islature. 39561 291 6G090 4G739 21910 633G5 34995 8004 6358 56578 105348 118070 3G170 74G42 221 04 39080 39115 39240 52136 35446 581 04 32789 4G943 195878 4824G 170874 230710 6G80 73038 31169 105G9 89706 52843 107S7 3)105 2015 6175 48i!3 42228 37444 2238G 9180 074 16 20709 3325 474G0 19G2G 1GG0 24195 48524 422 24115 124G04 3G886 28126 82175 1075 60178 15033 545 60310 679 i:;si;:,so 1G01274 874534 Pierce over Scott, 214,694; over Scott and Hale, 68869. Buchanan over Fremont, 496,905; Fremont and Fillmore over Buchanan, «77,C29. POPULAR VOTES. 309 POPULAR VOTE FOR PRESIDENT, BY STATES— r-ontinued. 1800. 1804. 1808. STATES. a c 5 ca "3) 3 O O to '£ a M V a a 2 a * o a u 9 O a w W 02811 3701 'J 10051$ 12244 43792 33808 3G204t .1832! 2118030 3S15 2294 1929 2040 441 22331 3291 19G9 12776 3804 417C0 74b81 44900 popu 428S0 0CO58 09274 12193 20204 25040 630(5 4913 27875 58372 20094 405 5437 20093 25S81 31372 *7707 15522 68-19 ■•312510 *(i2801 10785 1023 5900 10290 2701 larvote 11590 25051 11350 187232 7025 3283 115509 100215 13051 68S01 5227 05057 307 0308 2112 6939 72278 30595 120742 14343 41093 42422 308720 C0723 290389 8155 40153 47730 3:034 48745 8718 422S8 13325 301980 08011 270308 8707 32739 70433 37718 130379 12993 4972C 44107 119S83 79871 342280 7015 30500 42394 Now Hampshire Massachusetts . Rhode Island... 30571 59408 0548 14041 218 4G3S1 12045 Now York 429883 Now Jorsey Pennsylvania... 82725 •• ; 178S71 7337 42482 74323 48539 313382 109CO 02275 904S8 62300 60935 39500 90447 280222 27911 85311 No 45137 61889 63143 04709 11405 22G81 40797 12295 2404 48831 31317 28732 805 8543 47518 1048 888 34334 748 500:; ISOO. 102198 Kentucky 1304 27780 04301 115889 01948 Ohio 231010 205154 205508 239032 41358 13903:; 172101 150122 1894S7 13023:, 158349 170552 250293 77300 95104 32513 128500 1G54S0 199141 72086 17028 72991 31020 7497G 2S49G 88480 85352 0737O 97008 70409 80110 39173 22O09 5270 Admitt Includ Admitt 1703 101 0817 02 1S3 cd od in ed 55111 G5021 38510 11920 3951 sines Va.in sinco 87331 79504 62134 250G0 9888 1 1228 23223 9S2G 492 J) 03S75 43841 17375 8457 3871 10457 6594 120399 109144 54589 43500 8920 29703 221 4C 8027 9720 74128 Kansas West Virginia.. 81GG8 54081 28117 9138 13408 12943 6791 3429 Total 1800452 590G31 1375157 847953 2213005 1802237 3053111 2714196 • Fusion ticket. 310 POPULAR VOTES. POPULAR VOTE FOR PRESIDENT, BY STATES— Continued. Alabama Arkansas California Connecticut Delaware Florida Georgia Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts.. . Michigan Minnesota Mississippi Missouri Nebraska Nevada New Hampshire New Jersey New York North Carolina.. Ohio Oregon Pennsylvania Rhode Island South Carolina.. Tennessee Texas Vermont Virginia West Virginia.... Wisconsin Total 1872. a d . 3 eS u C a> o> a u 9027:2 79444 41373 37927 54020 40718 50638 45880 11115 10206 17763 15427 625.50 76356 211914 184938 186147 163632 131566 71196 07018 32970 8870(5 99995 71663 57029 61422 29087 66760 67087 133472 59200 138455 78355 55117 34423 82175 47288 119190 151434 18329 . 7812 8413 6236 37108 31424 91050 704.56 440736 387281 94709 70094 28 J 852 244321 11819 7730 349589 212041 13605 5.329 72290 22703 85055 94391 47408 00540 414K1 10927 93408 91654 32315 29451 104997 86477 .3597132 2834125 15 Chas.O'Conor, Straight Democrat, received 29,489 votes, and James Black, Temperance, 5,606. THE MILITARY GOVERNMENT BILL. AN ACT for the More Efficient Government of the Rebel Stales: Wuerkas, No legal State government, or adequate protection for life, or property, now exists in the rebel States of Virginia, North Carolina, South Carolina, Georgia, Alabama, Louisiana, Florida, Texas, and Arkansas; and, Whereas, It is necessary that peace and good order should bo enforced in said States until loyal and republican State gov- ernments can be established; therefore, Be it enacted, etc., That said rebel States shall be divided into military districts, and made subject to the military authority of the United States, as hereinafter prescribed; and for that, purpose Virginia shall constitute the first district; North Carolina and South Carolina the second district; Georgia, Alabama, and Florida the third district ; Mississippi and Arkansas the fourth district; Louisiana and Texas the fifth district. Sec. 2. That it shall be the duty of the President to assign to the command of each of said districts an officer of the army, not below the rank of brigadier-general, and to detail a sufficient mili- tary force to enable such officer to perform his duties and enforce his authority within the district to which he is assigned. Sec. 3. That it shall be the duty of each officer assigned, as aforesaid, to protect all persons in their rights of person and pro- perty ; to suppress insurrection, disorder, and violence, and to punish, and cause to be punished, all disturbers of the public peace, and criminals; and to this end he may allow loyal civil tribunals to take jurisdiction of and try offenders; or, when in his judgment it may be necessary, for the trial of offenders, he shall have power to organize military commissions or tribunals for that purpose; and all interference under color of State authority with the exer- cise of military authority under this act shall be null and void. Sec. 4. That all persons put under military arrest by virtue of this act shall be tried without unnecessary delay, and no cruel or unusual punishment shall be inflicted, and no sentence of any military commission or tribunal, hereby authorized, affecting the 311 312 THE MILITARY GOVERNMENT BILL. life or liberty of any person, shall be executed until it is approved by the officer in command of the district; and the laws and regula- tions for the government of the army shall not be affected by this act, except in so far as they may conflict with its provisions. Sec. 5. That when the people of any one of said rebel States shall have formed a constitutional government, in conformity with J »he Constitution of the United States in all respects, framed by a convention of delegates elected by the persons who may vote upon the ratification or rejection thereof, as hereinafter provided ; and when said constitution, so framed, shall have been ratified by a majority of the male citizens of said State, twenty-one years old and upward, of whatever race, color, or previous condition of servi- tude, who may have been resident in said State for one year previous to the day of voting on the question of ratifying such constitution, except such as may be disfranchised for participating in the rebel- lion, or for felony at common law ; and when such constitution shall provide that the elective franchise shall be enjoyed by all such persons that have the qualifications herein stated, and shall have been submitted to Congress for examination, and Congress shall have approved the same; and when said State, by a vote of its legislature elected under said constitution, shall have adopted the amendment to the Constitution of the United States, proposed by the Thirty-ninth Congress, and known as article fourteen, and when said article shall become a part of the Constitution of the United States, such State shall be declared entitled to representa- tion in Congress, and senators and representatives shall be admitted thereupon, on their taking the oath prescribed by the law; and then and thereafter the preceding sections of this bill shall be in- operative in said State. Sec. G, (proposed by Mr. Doolittle,) provides that the penalty of death shall not be inflicted by the military power without the approval of the President. Sec. 7. (Shellabarger s amendment.) That until the people of said rebel States shall, by law, be admitted to representation in the Congress of the United States, the civil governments that may exist, therein shall be deemed provisional only, and shall be in all respects subject to the paramount authority of the United States, whick may at any time abolish, modify, control, and supersede the same, and in all elections to any office under such provisional gov- ernments all persons shall be entitled to vote, and none others, who are entitled to vote under the provisions of the fifth section of this act, and no person shall be eligible to any office under such provisional governments who would be disqualified from holding office under the provisions of the third article of said Constitutional Amendment. THE MILITARY GOVERNMENT BILL. 313 SUPPLEMENT TO THE MILITARY GOVERNMENT BILL.- Passsd at the First Session of the Fortieth Congress. An Act supplementary to an act entitled, "An act to provide for the more efficient government of the rebel States," passed March second, eighteen hundred and sixty-seven, and to facilitate restoration. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That before the first day of September, eighteen hundred and sixty-seven, the commanding gen- eral in each district, denned by an act entitled, "An act to provide for the more efficient government of the rebel States," passed March second, eighteen hundred and sixty-seven, shall cause a registration to be made of the male citizens of the United States, twenty-one years of age and upward, resident in each county or parish in the State or States included in his district, which registration shall in- clude only those persons who are qualified to vote for delegates by the act aforesaid, and who shall have taken and subscribed the fol- lowing oath or affirmation : " I, , do solemnly swear, (or affirm,) in the presence of Almighty God, that I am a citizen of the State of ; that I have resided in said State for months next preceding this day, and now reside in the county of , or the parish of , in said State, (as the case may be;) that I am twenty-one years old ; that I have not been disfranchised for partici- pation in any rebellion or civil war against the United States, nor for felouy committed against the laws of any State or of the United States; that I have never been a member of any State legislature, nor held any executive or judicial office in any State, and afterward engaged in insurrection or rebellion against the United States, or given aid or comfort to the enemies thereof; that I have never taken an oath as a member of Congress of the United States, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Consti- tution of the United States, and afterward engaged in insurrection or rebellion against the United States, or given aid or comfort to the enemies thereof; that I will faithfully support the Constitution and obey the laws of the United States, and will, to the best of my ability, encourage others so to do, so help me God ;" which oath or affirmation may be administered by any registering officer. Sec. 2. And be it further enacted, That after the completion of the registration hereby provided for in any State, at such time and places therein as the commanding general shall appoint and direct, of which at least thirty days' public notice shall be given, an election 27 314 THE MILITARY GOVERNMENT BILL. shalPbc held of delegates to a convention for the purpose of estab- lishing a constitution and civil goverument for such State loyal to the Union, said convention in each State, except Virginia, to consist of the same numher of members as the most numerous branch of the Suite legislature of such State in the year eighteen hundred and sixty, to be apportioned among the several districts, counties, or parishes of such State by the commanding general, giving to each representation in the ratio of voters registered as aforesaid as nearly as may be. The convention in Virginia shall consist of the same number of members as represented the territory now constituting Virginia in the most numerous branch of the legislature of said State in the year eighteen hundred and sixty, to be apportioned as aforesaid; Sec. 3. And be it further enacted, That at said election the registered voters of each State shall vote for or against a convention to form a constitution therefor under this act. Those voting in favor of such a convention shall have written or printed on the ballots by which they vote for delegates, as aforesaid, the words, "For a convention;" and those voting against such a convention shall have written or printed on such ballots the words, "Against a convention." The persons appointed to superintend said election, and to make return of the votes given thereat, as herein provided, shall count and make return of the votes given for and against a convention; and the commanding general to whom the same shall have been returned shall ascertain and declare the total vote in each State for and against a convention. If a majority of the votes given on that question shall be for a convention, then such convention shall be held as hereinafter provided; but if a majority of said votes shall be against a convention, then no such convention shall be held under this act: Provided, That such convention shall not be held unless a majority of all such registered voters shall have voted ou the question of holding such convention. Sec. 4. And be it further enacted, That the commanding general of each district shall appoint as many boards of registration as may be necessary, consisting of three loyal officers or persons, to make and complete the registration, superintend the election, and make return to him of the votes, list of voters, and of the persons elected as delegates, by a plurality of the votes cast at said election; and upon receiving said returns, he shall open the same, ascertain the persons elected as delegates, according to the returns of the officers who conducted said election, and make proclamation thereof; and if a majority of the votes given on that question shall be for a con- vention, the commanding general, within sixty days from the date of election, shall uotify the delegates to assemble in convention, at a time and place to be mentioned in the notification; and said conven- tion, when organized, shall proceed to frame a constitution and civil government according to the provisions of this act, and the act to which it is •jupplementa'ry ; and when the same shall have been so THE MILITARY GOVERNMENT BILL. 315 framed, said constitution shall be submitted by the convention for ratification to the persons registered under the provisions of this act, at an election to be conducted by the officers or persons appointed or to be appointed by the commanding general, as hereinbefore pro- vided, and to be held after the expiration of thirty days from the date of notice thereof, to be given by said convention; and the returns thereof shall be made to the commanding general of the district. Sec. 5. And be it further enacted, That if, according to said returns, the constitution shall be ratified by a majority of the votes of the registered electors qualified as herein specified, cast at said election, at least one-half of all the registered voters voting upon the question of such ratification, the president of the convention shall transmit a copy of the same, duly certified, to the President of the United States, who shall forthwith transmit the same to Congress, if then in session, and if not in session, then immediately upon its next assembling; and if it shall moreover appear to Congress that the election was one at which all the registered and qualified electors in the State had an opportunity to vote freely and without restraint, fear, or the influence of fraud, and if the Congress shall be satisfied that such constitution meets the approval of a majority of all the qualified electors in the State, and if the said constitution shall be declared by Congress to be in conformity with the provisions of the act to which this is supplementary, and the other provisions of said act shall have been complied with, and the said constitution shall be approved by Congress, the State shall be declared entitled to repre- sentation, and senators and representatives shall be admitted there- from, as therein provided. Seo. 6. And be it further enacted, That all elections in the States mentioned in the said " Act to provide for the more efficient govern- ment. of the rebel States," shall, during the operation of said act, be by ballot; and all officers making the said registration of voters and conducting said elections shall, before entering upon the dis- charge of their duties, take and subscribe the oath prescribed by the act approved July second, eighteen hundred and sixty-two, en- titled, "An act to prescribe an oath of office:" Provided, That if any person shall knowingly and falsely take and subscribe any oath in this act prescribed, such person so offending, and being thereof duly convicted, shall be subject to the pains, penalties, and disabilities which by law are provided for the punishment of the crime of willful and corrupt perjury. Sec. 7. And be it further enacted, That all expenses incurred by the several commanding generals, or by virtue of any orders issued, or appointments made, by them, under or by virtue of this act, shall be paid out of any moneys in the treasury not otherwise appropri- ated. Sec. 8. And be it further enactcd,Thn,t the convention for each State uhall prescribe the fees, salary, and compensation to be paid to all 31 6 THK MILITARY UOVKRNMENT BILL. delegates and other officers and agents herein authorized or neces- sary to carry into effect the purposes of this act not herein otherwise provided for, and shall provide for tho levy and collection of such taxes on the property in such State as may be necessary to pay the same. Skc. 9. And be it further enacted, That the word "article," in the sixth section of the act to which this is supplementary, shall be construed to mean "section." SCHUYLER COLFAX, Speaker of the House of Representatives. B. F. WADE, President of the Senate pro tempore. After the election which was held early in February, 1808, upon the ratification of a new Constitution tor the State of Alabama, the law was so amended by Congress that a majority of the votes cast (instead of a majority of the registered voters) should be required to ratify or reject State constitutions in the seceded States. THE AMNESTY ACT AS PASSED AND APPROVED. Be it enacted, etc, (two thirds of each House concurring therein,) That al! legal and political disabilities imposed by the third section of tho fourteenth article of the amendments of the Constitution of the United States are hereby removed from all persons whomsoever, except Senators and Representatives of the Thirty-sixth and Thirty-seventh Congress, ohHeers in the judicial, military, and naval service of the United States, heads of Depart- ments, and foreign ministers of the United States. Approved May 22, 1872. nOMESTEAD LAW. Hv act of Oongres-i of May 20. 1862, any person who is the bead of a family, or who has arrival a*. .' twenty-one yean or ban <• in the army or navy, and " :ited shall bare filed his declaration of intention • and lias never borne arms against I iment of tl -. or given aid arid comfort to i shall, fro . January. I , .titled to enter a quarter sectioi a ) of unappropriated public land, upon which ho or she ma] ption claim, or which if re-em] 'ion. at $1.25 per acre; or 80 acres of unappropriated Ian-: per acre. In order to make bia or her title good to such land-, how • - HlCD person must make affidavit that such application i- made for his ' -«- ■ • and that said i ade for the purpose of actual settlement and cultivation, and not. either di • or indirectly, fo who::. 1 upon Wing the affidavit, mm of Um dollars to the register or receiver, such person shall be allow* i: but no certificate or patent land until five year- from • . ich entry, and the land must, during that time, Ik- improved and not all'- - taken for debt;. At any time within two yean after the expira : five ry, or, in c a wido-.r or heirs, may. on proof by two witi •• has cultivated or improved -aid land, has not alienated any part of it. and >rne true allegiance to the United Stat if at that time a citizen of the United .States. In case of the abandon- ment of the lands by tine person au : I iriod of more than six months at one time, they revert to the United 317 ^i. 8 o i ? 1 8j p 8i S S <^> S^ E-1 © g ^ s -J 1 Eh 1 v I C/J o P=J 8 s w 8 ?> 1— 1 - Crs SJ J>- 1 5 h-3 <3 ~< 8 i — i _ pi s Eh CO i— i Eh e 2? -51 M 2_ b &< Eh § &3 ^ ^%> >>-§ S v #£ § & - S 1 S„a| :i •- - iS- a t: ~ ° ■ 2 $ ISIwBH^I'ill'll^laJ 'ooijjo JO ULI9J s 10QJ3A0Q C-1-J--T r-r^-Tl-IMMT^- — tt — cm s > "^sA^d"^'^"' - "^ a s^" *" 1 1 Ilf-l'IJ" : s •?•?" " Ji p .^ e-5 c 3 c ~> - .. „ ^_=-~- - - o "-"-"^""^ ,; ~ >. i a >/". C-r >.- s * ^^ ^s 1 5?|IH2^^i : SS425- ' s H •rawj. T -S-T — ■Jl.TfTttltf- T — CM ■joquiujj nnfN'M'SnSnnmMnSM £ ' S •uujj, NM«H«NMMN«MMS-N-H p.= > £ »3 ■J9qam(£ ooi«*noi>|ooooc-.-j»js 3 — O.ST B-2 o"" o.S- o""! x^: .5 to S ^s" 1 ^S ?« S a : cS '^ 1 £ § H-:-S^-HS5Hci- Hi : nS s - • £ !C pci, j ;^ ir -— i9«H : : ri 5 « -s c/2 : : ^i ~-.<^.—.--/-.d : : -5 3lO»-r -r • ; ■ .f^ o r : : o v. 7_ "/ x '- : : : '- s p s pT« : : :« ro" *«c to I : :^-" -^ „, -:::>. H 5 5 : j • 3 ^ £•= 5- u : : :"a -i : : : s i^^S «:::-, J - S S " c-"; -3 S5 ^ r S S 12 ™ S ? S S 1 ft s * . .» . ,ja » _j= . J3 2 b. S w-a s one Z - = 5 ' a s » - d=?'c. ;: ?- a- >• g e- - © C3 - £te»iaH.£ ^ ^c;S £ •66oa2noj jo Bjaq max 'OS ^ ^ , _. „ ^ - ^ „ : , c- o sc t> -a" "3 9- Last Monday in Dec. t 1st Monday In June. 2d Tuesday in Jan. 1st 3d Monday in Nov.t 1st Monday in Jan.t Thurs.af. l.Mon. Jan.t 1st Monday in Jan.t 2d Monday in Sept.t 1st Tuesday in Jan.t May and June. 4th Monday in'Nov.t January, 1875.t 2d Tuesday in Jan.t 1st Wednesday in Oct.t January, 1875.t 2d Tuesday in Jan'y.t 1st Wedn'day in Jan. January, 1876. January, I877.t December, 1876.t .3 ijffcl '' i N-s -: : IM^MM^TTTM-rNTNNNND -i : i : n m « N : : -: pa iS^ 311 ' : : ^-C >c^— — - ■ NNawKfl-flNN:i:i- • — — — : — — : : 'X B » — -jC C v -f — — .- ~ — Tl — ■-. — "- M •" = - " - i - i^ :: c c c i - :i t - ^ :- r: -J c n - n r • - :355?5- • ! > y. a o: ci h" S Eh "g 1st Monday in Nov. Tues.af. IstMon.Nov. 2d Tuesday in October. 1st Monday in June. Tues. af. 1st Mon. Nov. 1st Wedn'day in April. Tues. af. 1st Mon. Nov. 1st Tuesday in Dec. " •' " Sept. ' Nov. 2.1 " " Oct. Tues.af. 1st Mon. Nov, 2d Tuesday in Sep'ber. Tues. af. 1st Mon. Nov. bi 3 . - e o 1st Monday in Sept. Tues. af. 1st Mon. Nov. 1st Wedn'day in Sept. Three Commissioners. ■ J. T~""* r ^".-'^ a - fj I : : : ^ J2 ° , '= • • • 5 ° — s = * o<2 *■ ™ i : : : : i &— 5J 1 1 : a ! • i pnl it: 1 ; :: : March 2, 1861 Keb'v2l, 1863 March2,1861 March 3, IS63 May 26, 1864 Sept. 9. 1850 March 2, 1853 July 25, 1868 July 19, 1790 r- .^ r? c: t- m = rc/.-£^-r.'f;c cc ^;.-m;,-.--; .- -/ - / c-- r. --r ~- -r - : — p : : : : ^ ':<''- : : : : : t. '. : : Amer's French Engl. Swedes Dutch Engl. Amer's V&NE Engl. Span. Engl. Amer's Amer's 1 5 2- - O 01 •- a ? ^ £> 319 320 IMPORTANT STATISTICS. WEALTH, LOCAL DEBT, AND TAXATION in the several States and Territories, by Census of 1850, 1860, a7id 1870. States. Total... Gr'ndTot'l (a) Keturim of taxation at ISfiO incomplete. (i>) No retiuuH of taxation at 186(1. (0 IMPORTANT STATISTICS. 321 AGRICULTURAL STATISTICS. Lands, Productions, etc. Farm lands, improved, acres Farm lands, woodland, acres a Farm lands, other, unimproved, acres. Farms, cash value of. Farming implem'ts & machinery ,casb val Wages, including val. of board during year Total (estimated) value of all farm pro- ductions, including betterments and additions to stock Orchard products Produce of market gardens Forest products Value of home manufactures Value of animals slaughtered or sold for slaughter Value of all live stock Horses, number of. Mules and asses, number of Milch cows, number of Working oxen, number of. Other cattle, number of. Sheep, number of. Swine, number of. Wheat, spring, bushels Wheat, winter, bushel* Eye, bushels Indian corn, bushels Oats, bushels Barley, bushels Buckwheat, bushels Bice, pounds Tobacco, pounds Cotton, bales Wool, pounds Peas and beans, bushels Potatoes, Irish, bushels Potatoes, sweet, bushels Wine, gallons Butter, pounds Cheese, pounds Milk sold, gallons Hay, tons Seed, clover, bushels Seed, grass, bushels Hops, pounds Hemp, tons Flax, pounds Flax-seed, bushels Silk cocoons, pounds Sugar, cane, hogsheads Sugar, sorghum, hogsheads Sugar, maple, pounds Molasses, cane, gallons Molasses, sorghum, gallons Mo'lasses, maple, gallons Beeswax, pounds Bees' honey, pounds 188,921,099 159,310,177 59, i03,765 19,262,803,801 8336, 78,429 8310,286,285 $2,447,538,658 847,335,189 |20,719,229 836,808,277 123,423,332 $398,950,370 $1,525,276,457 7,145,370 1,125,415 8,9*5,332 1,319,271 13,566,005 28,477,951 25,134,569 112,549,733 175,195,893 16,918,795 760,944,549 282,107,157 29,761,305 9,821,721 73,635,021 262,735,311 3,011,996 100,102,387 5,746,027 143,337,473 21,709,824 3,092,330 514,092,683 53,492,153 235,500,599 27,316,048 639,657 583,188 25,450,009 12,746 27,133,034 1,7311,444 3,937 87,013 24 28,443,645 6,593,323 16,050,089 921,057 631.129 14,702,815 103,110,7211 j 244,101,81s 56,645,045,007 8246,118,141 119,991,885 f 16,159,491 824 ,546,871 8213,618,692 81;089,329,915 6,249,174 1,151,148 2,254,911 14,779,373 22,471,275 33,512,86 | 173,104,924 21,101,380 838,792,742 172,643,185 15,825,898 17, .17 1,8 IS 187,167,032 434,209,461 5,387,052 60,204,913 15,061,995 111,148,867 42,095,026 1,027,1 '.'2 459,681,372 103,063,927 19,083,890 956,188 900,040 10,991,990 74,49:; 4,720,145 500,807 11,914 230,982 to, 12o,2n:, 14,961,990 6,749,12:! 1,597,589 1,322,787 ■23,366,357 113,032,614 180,528,000 83,271,575,426 8151,587,638 87,723,186 85,280,030 127,493,644 $111,70.1,142 1544,180,516 4,3:s0,719 559,331 6,385,094 1,700,744 9,693,069 21.72:;,22o 30,354,213 100,485,944 14,188,813 592,071,104 146,584,179 5.167,015 ^'•"»..'>I2 215,313,497 199,752,655 2,469,093 52,516,959 9,219,901 65,797,896 221 '.249 313,345,306 105,535,893 13,838,642 468,978 410,,s31 3,497.(129 34,871 7,709,676 562,312 H>,M3 247,577 34,253,436 12,700,896 U) 322 IMPORTANT STATISTICS. PUBLIC DEBT. Being a statement of outstanding principal of the public debt of the United States, on the 1st day of July of each year, from 1857 to 1875, inclusive. 1857 $ 28,699,831 85 1867, 1858.. 44,911,881 03 58,496,837 88 64,842,287 88 90,580,873 72 524,176,412 13 1859 I860 1S61 1802 1863 1,119,772,138 63 1864 1,815,784,370 57 1865 2,680,647,869 74 1866 2,773,230,173 69 1868., 1869.. 1870.. 1871.. 1872.. 1873.. 1874.. 1875.. 2,678, lt,6ll,l , i -j,v.i.; ,690,468 ,284,53] (*) DEBT OF EACH ADMINISTRATION. The public debt at the close of each Administration was: Washington,. first term, ending 1793, $811,352,034 in; second term, $82,064,479 33: John Adams, $83,038,- 050 80; Jefferson, first term, 882,312,150 50 ; second term, $57,023,192 09; Madison, first term, $55,962,827 57 ; second term, $123,491,965 16; Monroe, first term, $89,987,- 427 66; second term, $83,788,432 71; John Quincy Adams, $58,421,413 67; Jackson, first term, $7,001,698 83 ; second term, $3,308,124 07; Van Buren, $13,594,480 73; Ty- ler, 815, 925,3(13 01 ; Polk, $03,001,858 09; Fillmore, $59,803,117 To; Pierce, $:'S/,',i',i.-:;i .-.,; Buchanan, $90,580,873 72; Lincoln, $2,0S0, 047,809 74 ; Johnson, $2,588,152,213 94; Giant, first term, ending 1673, $2,234,462,993 20. (0 PUBLIC LANDS. ACRES. Total number of acres of public lands of the United States, in- cluding those disposed of as well as those vet on hand 1,834,998,100.00 On a n t it. v sold 161,766,426.46 Entered under the homestead lawsof 1800, 1804, & 1606. 20,500,216.69 Granted for military services 62,115,202.03 Granted for agricult ura! colleges: Selected in place 1,401,157.01 Located with scrip 6,175,431.35 Approved under grants in aid of railroads 26,027,673.52 Approved swamp selections (given to the States) 48,775,990.05 Quantity granted to the States and Territories for in- terna] improvements 12,403,054.43 Donations and grants lor schools 67,983,922.00 Donations and grants for universities 1,082,880.00 Located with Indian scrip 732,165.21 l.oe ited with floal scrip under acl of ilarrh 17, 1862.... 15,296.24 Estimated quantity granted for wagon-roads 3,857,213.00 Quantity granted for ship-canal 1,450,000.00 Salines 514,485.00 Seats of government and public buildings 146,860.00 Granted to individuals and companies 2,482,861.32 Granted for deaf and dumbasylums 44,971.11 Reserved for benefit of Indians 13,280,699.94 Rei et ved for companies, individuals, and corporations 8,95 . Confirmed private land claims 18,696,947.62 Total disposed of 458,468,837.36 Remaining unsold and unappropriated June 30, 1870 1,370,529,502.04 O) IMPORTANT STATISTICS. 323 REVENUES OF THE GOVERNMENT For each fiscal year (ending June oO) from each source since 185i). 1S60. 1861. 1862. 181 3. $:>.", 187,511 87 $39,582,125 64 149,056,397 62 $69,059,642 10 1,795,331 73 152,203 77 ,1,48 i,103 61 l,77.s,.W 71 1,088,530 25 870,658 54 1,023,515 31 167,617 17 Miscellaneo's sources 3,741,794 38 Totals |56,054,599 83 $41,476,299 49 $51,919,261 08 $112,094,945 51 • 1864. 1865. 1866. 1867. 1102,316,152 99 109,741,134 10 475,648 96 588,333 29 30,291,701 86 $ 84,928,260 60 209,464,215 25 1,200,573 03 996,553 31 25,441,556 00 $179,0.46,651 58 309,2 ' 1,9 n, 751 12 665,031 03 29,036,314 23 $176,417,810 88 266,027,537 13 4,200,233 7(1 1,163,575 76 miscellaneo's sources 15,037,522 15 $243,412,971 20 $322,031,158 Id $319,949,561 38 $462,846,679 92 1868. 1869. 1870. 1871. 1164,464,599 r,c, 191,087,589 41 1,788,145 85 1,348,715 41 17,745,403 59 $180,048,426 63 158,356,460 86 765,685 16 4,020,:! 11 34 13,997,338 65 $194,538574 44 184,899,750 49 3,350,481 7i". 12,942,118 30 $206,270,408 05 143,098,153 63 580,355 37 Direct taxes Public lands 2,3 18,646 68 Miscellaneo's sources 22,093,541 21 Totals $376,434,453 82 $357,188,255 64 $395,959,833 87 $374,431,101 94 1872. 1873. 1874. $216,370,286 77 130,642,177 72 $188,089,522 70 113,729,314 11 315.2.M 51 2,882,312 38 17,161,270 05 $163,103,833 69 102,409,781 90 2,575,714 19 15,106,05] 23 ].;;.;'• 4 .;: ; :' 32,575,1143 32 $361,694,229 91 $322, 177,673 78 $299,941,090 84 (») 324 IMPORTANT STATISTICS. EXPENDITURES OF THE GOVERNMENT For each fiscal year (ending June 30) since 1859. 1860. 1861. 1862. 1863. Civil list (6,148,655 41 1,163,207 15 11,514,649 83 16,472,202 72 1,100,802 32 2,991,121 54 20,666,115 74 $6,156,199 25 1,142,973 41 12,387,156 52 23,001,530 67 1,034,599 73 2,865,481 17 16,028,1 15 03 $5,939,009 29 1,339,710 35 42,640,353 09 389,173,562 29 852,170 47 2,327,948 37 14,107,142 95 $6 ,350, 6 18 78 1,231,413 06 63,261,235 31 603,314,411 82 1,078,513 36 3,152,032 70 15,616,350 53 Foreign intercourse.. Navy Department Totals ?60,056,754 71 §62,616,055 78 $456,379,896 81 $694,004,575 56 §3,144,120 94 14,034,157 30 $13,190,344 84 $24,729,700 62 * 1864. 1865. 1866. 1867. Civil list $8,059,177 23 1,290,691 92 85, 704,963 74 690,391,048 66 4,985,473 90 2,629,975 97 18,222,3 17 72 $10,833,944 87 1,260,818 08 122,617,434 07 1,030,690,4(111 06 16,347,621 34 5,059,360 71 30,894,620 15 $12,287,828 55 1,338,388 18 43,363,654 17 286,776,456 13 15,615,287 75 3,349,015 93 27.705,666 96 $15,585,489 53 1,548,589 26 •3rj034,011 04 95,224,415 63 20,936,551 71 4,642,531 77 Foreign intercourse.. 33,976,144 91 {811,283,679 14 $1,217,704,199 28 $390,436,297 67 Int. on public debt.... $53,685,421 69 $77,395,090 30 $133,070,513 39 $143,781,591 91 1868. 1869. 1870. 1871. Civil list $11,950,156 58 1,441,344 05 25,775,502 72 123,236,648 62 23,782,386 78 4,100,6S2 32 39,618,367 IH $12,443,712 07 8,365,416 77 20,000,75" 97 78,501.990 61 28,476,621 78 7,042,923 06 35,664,932 69 $19,031,283 56 1,4911,776 25 21,780,229 87 57,655,675 40 28,340,202 17 3,407.938 15 32,715,401 75 $18,760,779 46 Foreign intercourse.. 1.604,373 87 19,431,027 21 35,799.991 82 34,443,894 88 7,426,997 44 40,116,762 90 Totals $229,915, oss 11 $190,496,354 $161,421,507 15 $157,583,827 58 Int. on public debt.... $140,424,045 71 $130,694,242 80 $129,235,498 00 $125,576,565 93 1872. 1873. 1874. Civil list 116,187,059 20 1,839,369 II 21,249.809 99 35,372,157 20 28.533.102 76 7,061,728 82 42,958,329 08 $19,348,521 01 1,571.362 85 23,526,256 79 46,323,138 31 29,359,426 86 7,951,704 88 52,408,226 20 $17,627,115 09 1,508,064 27 30,932,587 42 42,303,927 22 29,038,414 66 Indians 85,141,593 61 Totals $153,201,856 19 1180,488,636 90 $213,254,164 36 $117,357,839 72 $104,750,688 44 $107,119,815 21 («) IMPORTANT STATISTICS, MANUFACTURES. Total value, gross productions, at the Censuses o/1850, 1860, and 1870. States, etc. Alabama Arizona Arkansas California Colorad Connecticut ... Dakota Delaware Dist. of Col Florida Georgia Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Man land Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada N. Hampshire New Jersey..., New Mexico., New York N ih ; irclina Ohio Oregon Pennsylvania Rhode Island. S'th Carolina. Tennessee Texas Utah Vermont Virginia West Virginii Washington.. Wisconsin Wyoming |10,588,566 2,880,576 68,253,328 81,924, 9,892,902 5,412,102 2,447,969 16,925,564 57,580,886 42,803,469 13,971,32 4,357,40; 37,931,241 15,587,473 3S,193,254 41,735,1J~ 255,545,92 32,658,356 3,373,172 6,590,68' 41,782,73 607,328 76,306,104 1,249,123 378,87(1,939 16,678,698 121,691,148 2,97li,761 290,121,188 40,711,291 8,615,19; 17,1*87,22: 6,577,20! 900,15: U,637,S07 50,652,124 1,406,921 27,849,467 $4,528,876 :".:',7.'.'II,S ,272 i,423 ,783 ,7io,: 1,043,1 23, 3y,, 237, ..Ml.", ,256 .910 ,688 ',477 .,608 1,538 .220 1,920 Aggregate*.. $4,305,932,032 $1,885,861,676 $1,019,106,016 * Increase : 1S60 over 1850, 85 per cent.; 1S70 over I860, 128 per cent.; 1870 over 1800, 323 per cent. (9) E-" w ;£ o 11 325 *- ' -- -- * , II iff 2 illlli lllflfi £ N ** liife i. illfas QC _j_=-= H Eh ilfiga < X O B rJ sffl r ri 1 -~rM o H s | £f '£-£ 1 1 Sf SI R 1 tC — — C C ft I \%zzz llllll Egf« S l^-.-rl s ggSSj o o PS fest&H&H (p) 326 IMPORTANT STATISTICS. O e3 PS o o I— I Eh b GO r h— I ft 1 60 ' 1> « 60 ^J ' H.S-5 ° a a . ^o.S^a - , 3 S~5 ^ 5so c^2g2 g-g a ©-£ -.2 oo Sofa a S a X s" 2 3 ■o — 2 " 3 '*>° a oo •• 2 ^ a -3 a tr— "3 o 2 ,e.2 s.5.3 S** *> s 2— 5 a ' O 1 £ x> c a <«h :j" -la o = — "!S-^— s — a a i- -r - - -^ — - x - * v ' ; *-< • .^ ° — •_ -7. .a o ^ a ■ o z .- r*> o._js "2 5 S.-S a a r ; - — B 3> o a> PS, •/«- -— *« ;~ .MtCg a a „- - fc_ 2^~= sea p c ?a*/.2~> 2^2 "B"S CO — '-' CI O 'fi -* 3 00 — c5 i ~ 3b = ■ — — o — — "-*C0 r-H © Q O O © C 3< -J-CN ■G"-' — a* — ' o r. ocpooCN f C © '■£ I— ^O CT> it" -r c; oTao*? -r — -r i r « — iiO -j ri ■ - —' if? »r> ; j — ' C ■:" ■ - — * o ..-." —* *' ^ °* w n CO r l 1 - ^ n T ?J C: f 1 -r c •? i" - " " i ~ 7 ~ V i - — Zz ~ r . CO i - c: co ■-r — ^ ^D i-« ■— °i s © © E 1,893,900 938,100 920,0111 3,557,700 2,938,200 7,557,900 29.H98, SOU oooococ^o CO 0> 2 o c^ - ■-£ 1*- 30 O 1 — ISBilSB* ^"i.-i^'** , ^^~'* - s z © V o i- s. 1 -r- g. c ; : T t 2 i &■ > t c r£ £ i !s b > 1 < f= e > P 1 c = 1 ,£ c ■5 = 2 < 3- fa i.3 THE CIVIL RIGHTS BI An Act to protect all persons in the United Static in their civil rights, and furnish the means of their vindication. Be it enacted, $c, That all persons born in the United States and not subject to any foreign power, excluding Indians, not taxed, are hereby declared to be citizens of the United States; and such citizens of every race and color, without regard to any previous condition of slavery or involuntary servitude, except as a punish- ment for crime whereof the party shall have been duly convicted, shall have the same right in every State and Territory in the United States to make and enforce contracts; to sue, be parties, and give evidence ; to inherit, purchase, lease, sell, hold, and con- vey real and personal property; and to full and equal benefit of all laws and proceedings for the security of person and property as is enjoyed by white citizens, and shall be subject to like punish- ment, pains, and penalties, and to none other, any law, statute ordinance, regulation, or custom, to the contrary notwithstanding. Sec. 2. That any person who, under color of any law, statute, ordinance, regulation, or custom, shall subject, or cause to be sub- jected, any inhabitant of any State or Territory to the deprivation of any right secured or protected by this act, or to different pun- ishment, pains, or penalties on account of such person having at any time been held in a condition of slavery or involuntary servi- tude, except as a punishment for crime whereof the party shall have been duly convicted, or by reason of his color or race, than is prescribed for the punishment of white persons, shall be deemed guilty of a misdemeanor, and, on conviction, shall be punished by fine not exceeding one thousand dollars, or imprisonment not ex- ceeding one year, or both, in the discretion of the court. Sec. 3. That the district courts of the United States, within their respective districts, shall have, exclusively of the courts of the several States, cognizance of all crimes and offences committed against the provisions of this act, and also, concurrently with the circuit courts of the United States, of all causes, civil and crimi- nal, affecting persons who are denied or cannot enforce in the courts or judicial tribunals of the State or locality where they may be any of the rights secured to them by ^ie first section of this act; and if any suit or prosecution, civil or criminal, has been or 328 THE CIVIL RIGHTS BILL. 329 shall be commenced in any State court against any such person, for any cause whatsoever, or against any officer, civil or military, or other person, for any arrest or imprisonment, trespasses, or wrongs done or committed by virtue or under color of authority derived from this act or the act establishing a bureau for the relief of freedmeu and refugees, and all acts amendatory thereof, or for refusing to do any act upon the ground that it would be inconsist- ent with this act, such defendant shall have the right to remove euch cause for trial to the proper district or circuit court in the manner prescribed by the "Act relating to habeas corpus and regu- lating judicial proceedings in certain cases," approved March three, eighteen hundred and sixty-three, and all acts amendatory thereof. The jurisdiction in civil and criminal matters hereby conferred on the district and circuit courts of the United States shall be exercised and enforced in conformity with the laws of the United States, so far as such laws are suitable to carry the same into effect; but in all cases where such laws are not adapted to the object, or are deficient in the provisions necessary to furnish suit- able remedies and punish offences against law, the common law, as modified and changed by the constitution and statutes of the State wherein the court having jurisdiction of the cause, civil or criminal, is held, so far as the same is not inconsistent with the Constitution and laws of the United States, shall be extended to and govern said courts in the trial and disposition of such cause, and, if of a criminal nature, in the infliction of punishment on the party found guilty. Sec. 4. That the district attorneys, marshals, and deputy mar- shals of the United States, the commissioners appointed by the circuit court and territorial courts of the United States, with power of arresting, imprisoning, or bailing offenders against the laws of the United States, the officers and agents of the Freetlmen's Bureau, and every other officer who may be specially empowered by the President of the United States, shall be, and they are hereby, specially authorized and required, at the expense of the United States, to institute proceedings against all and every person who shall violate the provisions of this act, and cause him or them to be arrested and imprisoned, or bailed, as the case may be, for trial before such court of the United States or territorial court as by this act has cognizance of the offence. And with a view to affording reasonable protection to all persons in their constitutional rights of equality before the law, without distinction of race or color, or previous condition of slavery or involuntary servitude, except as a punishment for crime, whereof the party shall have been duly con- victed, and to the prompt discharge of the duties of this act, it shall be the duty of the circuit courts of the United States and the superior courts of the Territories of the United States, from time to time, to inci-ease the number of commissioners, so as to afford 3 speedy and convenient means for the arrest and examination of 28 330 TIIE CIVIL RIGHTS BILL. persons charged with a violation of this act. And such commis- sioners are hereby authorized and required to exercise and dis- charge all the powers and duties conferred oh them by this act, and the same duties with regard to offences created by this act, as they are authorized by law to exercise with regard to other offences against the laws of the United States. Sec. 5. That it shall be the duty of all marshals and deputy marshals to obey and execute all warrants and precepts issued under the provisions of this act, when to them directed ; and should any marshal or deputy marshal refuse to receive such warrant or other process when tendered, or to use all proper means diligently to execute the same, he shall, on conviction thereof, be fined in the sum of one thousand dollars, to the use of the person upon whom the accused is alleged to have committed the oifence. And the better to enable the said commissioners to execute their duties faithfully and efficiently, in conformity with the Constitution of the United States and the requirements of this act, they are hereby authorized and empowered, within their counties respectively, to appoint, in writing, under their hands, any one or more suitable persons, from time to time, to execute all such warrants and other process that may be issued by them in the lawful performance of their respective duties; and the persons so appointed to execute any warrant or process as aforesaid shall have authority to sum- mon and call to their aid the bystanders or the posse comilatus of. the proper county, or such portionxif the land and naval forces of the United States, or of the militia, as may be necessary to -the performance of the duty with which they are charged, and to insure a faithful observance of the clause of the Constitution which prohibits slavery, in conformity with the provisions of this act; and said warrants shall run and be executed by said officers any- where in the State or Territory within which they are issued. Sec. 6. That any person who shall knowingly and wilfully obstruct, hinder or prevent any officer, or other person charged with the execution of any warrant or process issued under the provisions of this act, or any person or persons lawfully assisting him or them, from arresting any person for whose apprehension such warrant or process may have been issued, or shall rescue or attempt to rescue such person from the custody of the officer, other person or persons, or those lawfully assisting as aforesaid, when so arrested pursuant to the authority herein given and declared, or shall aid, abet, or assist any person so arresttd as aforesaid, directly or indirectly, to escape from the custody of the officer or other person legally authorized as aforesaid, or shall harbor or conceal any person for whose arrest a warrant or process shall have been issued as aforesaid, so as to prevent his discovery and arrest after notice or knowledge of the fact that a warrant has been issued for the apprehension of such person, shall, for either of said offences, be subject to a fine not exceeding one thousand THE CIVIL RIOIITS BILL. 331 dollars, nnd imprisonment not exceeding six months, by IncJicfmeut anil conviction before the district court of the United States for the district in which said offence may have been committed, or before the proper court of criminal jurisdiction, if committed within any one of the organized Territories of the United States. Sec. 7. That the district attorneys, the marshals, their deputies, and the clerks of the said district and territorial courts shall be paid for their services the like fees as may be allowed to them for similar services in other cases ; and in all cases where the pro- ceedings are boforc a commissioner, he shall be entitled to a fee of ten dollars in full for his services in each case, inclusive of all services incident, to such arrest and examination. The person or persons authorized to execute the process to be issued by such commissioners for the arrest of offenders against the provisions of this act shall be entitled to a fee of five dollars for each person he or they may arrest and take before any such commissioner as aforesaid, with such other fees as may be deemed reasonable by such commissioner for such other additional services as may be necessarily performed by him or them, such as attending at the examination, keeping the prisoner in custody, and providing him with food and lodging during his detention, and until the final determination of such commissioner, and in general for performing such other duties as may be required in the premises; such fees to be made up in conformity with the fees usually charged by the officers of the courts of justice within the proper district or county, as near as may be practicable, and paid out of the treasury of the United States on the certificate of the judge of the district within which the arrest is made, and to be recoverable from the defendant as part of the judgment in case of conviction. Sec. 8. That whenever the President of the United States shall have reason to believe that offences have been, or are likely to be committed against the provisions of this act within any judicial district, it shall be lawful for him, in his discretion, to direct the judge, marshal, and district attorney of such district to attend at such place within the district, and for such time as he may desig- nate, for the purpose of the more speedy arrest and trial of persons charged with a violation of this act; and it shall be the duty of every judge or other officer, when any such requisition shall be received by him, to attend at the place and for the time therein designated. Sec. 9. That it shall be lawful for the President of the United States, or such person as he may empower for that purpose, to employ such part of the land or naval forces of the United States, or of the militia, as shall be necessary to prevent the violation and enforce the due execution of this act. Sec. 10 That upon all questions of law arising in any cause under the provisions of this act, a final appeal may be taken to the Supreme Court of the United States. The Bill passed in the Senate over the President's veto by the vote of 33 yeas to 15 nays, and in the House by 122 yeas to 41 nays. THE TENDRE-OF-OFFICE BILL. (PASSED MARCH 2, 1867.) Be it enacted by the Senate and House of Representatives of the United States of America in Coyigress assembled, That every person holding any civil office to which he has been appointed by and with the advice and consent of the Senate, and every person who shall here- after be appointed to any such office, and shall become duly quali- fied to act therein, is, and shall be entitled to hold such office until a successor shall, in like manner, have been appointed and duly qualified, except as herein otherwise provided: Provided, That the Secretaries of State, of the Treasury, of War, of the Navy, and of the Interior, the Postmaster-General, and the Attorney-General shall hold their offices respectively for and during the term of the President by whom they may have been ippointed, and for one month thereafter, subject to removal by and with the advice and consent of the Senate. Sec. 2. That when any officer, appointed as aforesaid, excepting Judges of the United States Courts, shall, during a recess of the Senate, be shown, by evidence satisfactory to the President to be guilty of misconduct in office, or crime, or for any reason shall be- come incapable or legally disqualified to perform its duties, in such case, and in no other, the President may suspend such officer and designate some suitable person to perform temporarily the duties of such office until the next meeting of the Senate, and until the case shall be acted upon by the Senate, and such person so de- signated, shall take the oaths and give the bonds required by law to be taken and given by the person duly appointed to fill such office, and in such case it shall be the duty of the President, within twenty days after the first day of such next meeting of the Senate, to report to the Senate such suspension with the evidence and reasons tor his actions in the case, and the name of the person so designated to perform the duties of such office. And if the Senate shall concur in such suspension, and advise and consent to the removal of such officer, they shall so certify to the President, who may thereupon remove such officer, and by and with the advice and consent of the Senate, appoint another person to such office. But if the Senate shall refuse to concur in such suspension, such officer so suspended shall forthwith resume the functions of his office, and the powers of the person so performing its duties in his stead shall cease, and the official salary and emoluments of such officer shall, during such suspension, belong to the person so per- 332 THE TENURE-0F-0FF1CE BILL. 333 forming the duties thereof, and not to the officer so suspended: Provided, however, That the President in case lie shall become satis- fied that such suspension was made on insufficient grounds shall be authorized at any time before reporting such suspension to the Senate, as above provided, to revoke such suspension and reinstate such officer in the performance of the duties of his office. Sec. 3. That the President shall have power to fill all vacancies which may happen during the recess of the Senate by reason of death or resignation, by granting commissions which shall expire at the end of their next session thereafter. And if no appointment by and with the advice and consent of the Senate shall be made to such office so vacant or temporarily filled as aforesaid, during such next session of the Senate, such office shall remain in abeyance without any salary, fees, or emoluments attached thereto until the same shall be filled by appointment thereto by and with the advice and consent of the Senate, and during such time all the powers and duties belonging to such office shall be exercised by such other officer as may by law exercise such powers and duties in case of a vacancy in such office. Sec. 4. That nothing in this act contained shall be construed to extend the term of any office, the duration of which is limited by law. Sec. 5. That if any person shall, contrary to the provisions of this act, accept any appointment to, or employment in, any office, or shall hold or exercise, or attempt to hold or exercise any such office or employment, he shall be deemed, and is hereby declared to be guilty of a high misdemeanor, and upon trial and conviction thereof, he shall be punished therefor by a fine not exceeding ten thousand dollars, or by imprisonment not exceeding five years, or both said punishments, in the discretion of the court. Sec. ti. That every removal, appointment, or employment made, had, or exercised contrary to the provisions of tliis act, and the making, signing, sealing, countersigning, or issuing of any com- mission or letter of authority for or in respect to any such appoint- ment or employment, shall be deemed and are hereby declared to be high misdemeanors, and upon trial and conviction thereof, every person guilty thereof shall be punished by a fine not exceeding ten thousand dollars, or by imprisonment not exceeding five years, or both said punishments in the discretion of the court: Provided, That the President shall have power to make out and deliver after the adjournment of the Senate, commissions for all officers whose ap pointments shall have been advised and consented to by the Senate. Sec 7. That it shall be the duty of the Secretary of the Senate, at the close of each session thereof, to deliver to the Secretary of the Treasury, and to each of his assistants, and to each of the auditors, and to each of the comptrollers in the treasury, and to the treasurer and to the register of the treasury, a full and com- 334: TDK TENURE-OF-OFFICE BILL. plete list, duly certified, of all the persons who shall have been nominated to and rejected by the Senate during such session, and a like list of all the offices to which nominations shall have been made and not confirmed and filled at sucli session. Sec. 8. That whenever the President shall, without the advice and consent of the Senate, designate, authorize, or employ any per- son to perform the duties of any office, he shall forthwith notify the Secretary of the Treasury thereof, and it shall be the duty of the Secretary of the Treasury thereupon to communicate such no- tice to all the proper accounting and disbursing officers of his department. Se-c. 9. That no money shall be paid or received from the Treas- ury, or paid or received from or retained out of any public moneys or funds of the United States, whether in the Treasury or not to or by or for the benefit of any person appointed to or authorized to act in or holding or exercising the duties or functions of any office contrary to the provisions of this act, nor shall any claim, account, voucher, order, certificate, warrant, or other instrument providing for or relating to such payment, receiptor retention, be presented, passed, allowed, approved, certified, or paid by any officer of the United States or by any person exercising the func- tions or performing the duties of any office or place of trust under the United States for or in respect to such office or the exercising or performing the functions or duties thereof; and every person who shall violate any of the provisions of this section, shall be guilty of a high misdemeanor, and upon trial and conviction thereof, shall be punished therefor by a fine not exceeding ten thousand doll." 1 ^. or by imprisonment not exceeding ten years, oi both said punishments in the discretion of the court. PLATFORMS OF 1860-1864. PLATFORM OF THE BRECKINRIDGE PARTY OF 1860. Resolved, That the platform adopted by the Democratic party at Cincinnati be affirmed, with the following explanatory reso- lutions : 1. That the government of a territory organized by an act of Congress is provisional and temporary, and during its existence all citizens of the United States have an equal right to settle with their property in the territory, without their rights, either in person or property, being destroyed by congressional or ter- ritorial legislation. 2. That it is the duty of the Federal Government, in all its departments, to protect the rights of persons and property in the territories, and wherever else its constitutional authority extends. * 3. That when the settlers in a territory, having an adequate population, form a State Constitution, the right of sovereignty commences, and being consummated by their admission into the Union, they stand on an equality with the people of other States, and a State thus organized ought to be admitted into the Federal Union, whether its constitution prohibits or recognizes the institution of slavery. -4. That the Democratic party are in favor of the acquisition of Cuba, on such terms as shall be honorable to ourselves and just to Spain, at the earliest practicable moment. 5. That the enactments of State Legislatures to defeat the faithful execution of the Fugitive Slave Law are hostile in character, subversive of the Constitution, and revolutionary in tli eir effect. 6. That the Democracy of the United States recognize it as an imperative duty of the government to protect the naturalized citizen in all his rights, whether at home or in foreign lands, to the same exte.nt as its native born citizens. Whereas, One of the greatest necessities of the age, in a political, commercial, postal, and military point of view, is a speedy communication between the Pacific and Atlantic coasts; therefore, be it resolved, 335 336 PLATFORMS OF 1860-1864. 7. That the National Democratic party do herehy pledge them- selves to use every means in their power to secure the passage of some bill, to the extent of the Constitutional authority by Congress, for the construction of a railroad to the Pacific Ocean, at the earliest practicable moment. PLATFORM OF THE DOUGLAS PARTY OF 1860. Resolved, That we, the Democracy of the Union in Conven- tion assembled, hereby declare our affirmation of the resolutions unanimiously adopted and declared as a platform of principles by the Democratic Convention at Cincinnati, in the year 1856, believing that Democratic principles are unchangable in their nature when applied to the same subject matter, and we recom- mend as our only further resolutions the following: That inasmuch as differences of opinion exist in the Demo- cratic party as to the nature and extent of the powers of a Ter- ritorial Legislature, and as to the powers and duties of Con- gress, under the Constitution of the United States, over the institution of slavery in the territories; Resolved, That the Democratic party will abide by the decis- ion of the Supreme Court of the United States over the institu- tion of slavery in the territories. Resolved, That it is the duty of the United States to afford ample and complete protection to all its citizens, at home or abroad, and whether native or foreign born. Resolved, That one of the necessities of the age, in a military, commercial, and postal point of view, is a speedy communication between the Atlantic and Pacific States, and the Democratic party pledge such constitutional enactment as will insure the construction of a railroad to the Pacific coast at the earliest practical period. Resolved, That the Democratic party are in favor of the ac- quisition of the Island of Cuba, on such terms as shall be hon- orable to ourselves and just to Spain. Resolved, That the enactments of State Legislatures to defeat the faithful execution of the Fugitive Slave Law are hostile in character, subversive to the Constitution, and revolutionary in their effect. Resolved, That it is in accordance with the Cincinnati Plat- form, that during the existence of Territorial Governments, the measure of restriction, whatevep it may be, imposed by the Fed era] Constitution on the power of the Territorial Legislature over the subject of the domestic relations, as the same has been or shall hereafter be decided by the Supreme Court of the Uni- ted States, should be respected by all good citizens, and enforced PLATFORMS OF 1860-1864. 337 with promptness and fidelity by every branch of the General Government THE REPUBLICAN PLATFORM OF 1860. Resolved, That we, the delegated representatives of the Re- publican electors of the United States, in Convention a-ssembled, in the discharge of the duty we owe to our constituents and our country, unite in the following resolutions: 1. That the history of the nation during the last four years has fu,ly established the propriety and necessity of the organi- sation and perpetuation of the Republican party, and that the causes which called it into existence are permanent in their nature, and now, more than ever, demand its peaceful and con- stitutional triumph. 2. That the maintenance of the principles promulgated in the Declaration of Independence, and embodied in the Federal Constitution, that "all men are created equal; that they are endowed by their Creator with certain inalienable rights, among which are those of life, liberty and the pursuit of happiness, and that Governments are instituted among men to secure the enjoyment of these rights, deriving their just power from the consent of the governed" — are essential to the preservation of our republican institutions, and that the Federal Constitution, the rights of the States, and the union of the States, must and shall be preserved. 3. That to the union of the States this nation owes its unpre- cedented increase in population, its surprising developments of material resources; its rapid augmentation of wealth; its hap- piness at home and its honor abroad ; and we hold in abhor- rence all schemes for disunion, come from whatever source they may; and we congratulate the country that no Republican mem- ber of Congress has uttered or countenanced the threats of dis- union as often made by the Democratic members of Congress, without rebuke and with applause from their political associates; and we denounce those threats of disunion in case of a popular overthrow of their ascendency, as denying the vital principles of a free Government, and as anavowalof contemplated treason which it is the imperative duty of an indignant people sternly to rebuke and forever silence. 4. That the maintenance inviolate, of the rights of the States, and especially of each State, to order and control its own do- mestic institutions according to its own judgment exclusively, is essential to that balance of power on which the perfection and endurance of our nolitical fabric depends ; and we denounce the lawless invasion by armed toroe of the soil of any State ox 29 338 PLATFORMS OF 18C0-1864. Territory, no matter under what pretext, as one of the gravest of crimes. 5. That the present Democratic Administration has far ex- ceeded our worst apprehensions in the measureless subserviency to the exactions of a sectional interest, as especially evinced in its desperate exertions to force the infamous Lecompton Consti tution upon the protesting people of Kansas, construing the relation between master and servant to involve an unqualified property in persons; in its attempted enforcement everywhere, on land and sea, through the intervention of Congress and of the Federal Courts, of the extreme pretensions of a purely local interest; and in its general and unvarying abuse of the power entrusted to it by a confiding people. 6. That the people justly view with alarm the reckless ex- travagance which pervades every department of the Federal Government. That a return to right economy and accounta- bility is indispensible to arrest the plunder of the public treas- ury by favored partisans, while the recentstartling developments of frauds and corruption at the Federal metropolis show that an entire change of administration is imperatively demanded. 7. That the new dogma that the Constitution of its own force carries slavery into any or all the Territories of the United States, in' a dangerous political heresy, at variance with the ex- plicit provisions of that instrument itself, with cotemporaneous exposition, and with legislative and judicial precedents, that it is revolutionary in its tendency and subversive of the poace and lwirniony of the country. 8. That the nominal condition of all the territory of the United States is thatof freedom; that as our Republican fathers, when they had abolished slavery in all our national territory, ordained that no person should be deprived of life, liberty or f>roperty without due process of law, it becomes our duty by egislation, whenever such legislation is necessary, to maintain this provision of the Constitution against all attempts to violate it; and we deny the authority of Congress, or a Territorial Legislature, or of any individual, to give legal existence to elavery in any Territory of the United States. 9. That we brand the recent re-opening of the African Slave Trade, under the cover of our national flag, aided by perversions of judicial power, as a crime against humanity, and a burning shame to our country and age; and we call upon Congress to take prompt and efficient measures for the total and final sup- pression of that execrable traffic. 10. That in the recent vetoes by their Federal Governors of the acts of the Legislatures of Kansas and Nebraska, prohibit ing slavery in these Territories, we find a practical illustration . f the boasted Democratic principles of non-intervention an J platforms of 18G0-1864. 339 Popular Sovereignty, embodied in tho Kansas-Nebraska bill, and a demonstration of the deception and fraud involved therein. 11. That Kansas should, of right, be immediately admitted aa a State under the Constitution recently formed and adopted by her people, and accepted by the Mouse of Representatives. 12. That while providing revenue lor the support of the Gen- eral Government, by duties upon imports, sound policy requires such an adjustment of these imports as to encourage the devel- opment of the industrial interests of the whole country, and we commend that policy of National Exchange which secures to tho working men liberal wages, agriculture remunerative prices, to merchants and manufacturers an adequate reward for their skill, labor and enterprise, and to the nation commercial pros- perity and independence. 13. That we protest against any sale or alienation to others of the public lands held by actual settlers, and against any view of the free homestead policy, which regards the settlers as paupers or suppliants for public bounty, and we demand the passage by Congress of the complete and satisfactory homestead measure which has already passed the House. 14. That the National Republican party is opposed to any change in our naturalization laws, or any State Legislation, by which the rights of citizenship hitherto accorded to immigrants from foreign lands shall be abridged or impaired, and in favor of giving a full and efficient protection to the rights of all classes of citizens, whether native or naturalized, both at home and abroad. 15. That appropriations by Congress for river and harbor im- provements of a national character, is required for the accommo- dation and security of an existing commerce, or authorized by the Constitution and justified by the obligation of the Govern- ment to protect the lives and property of its citizens. 16. That a railroad to the Pacific ocean is imperatively de- manded by the interests of the whole country ; and that the Federal Government ought to render immediate and efficient aid in its construction, and that preliminary thereto, a daily over- land mail should be promptly established. 17. Finally, having thus set forth our distinctive principles and views, we invite the co-operation of all citizens, however differing in other questions, who substantially agree with us, in their affirmance and support. PLATFORM OF THE NATIONAL CONSTITUTIONAL PARTY OF 1860 Thfi Union, the Constitution and the Laws. 340 PLATFORMS OF 1SG0-1864. UNION PLATFORM, ADOPTED AT BALTIMORE JUNE 8, 18^4. Resolved, That it is the highest duty of every American citi- zen to maintain against all its enemies, the integrity of tho Union, and the paramount authority of the Constitution and laws of the United .States, and that, laying all political opinions aside, we pledge ourselves, as Union men, animated by a com- mon sentiment, and aiming at a common object, to do everything in our power to aid the Government in quelling, by force of arms, the rebellion now raging against its authority, and bring- ing to the punishment due tu their crimes, the rebels and traitors arrayed against it. Resolved, That we approve the determination of the Govern- ment of the United States not to compromise with rebels, or to oifer any terms of peace, except such as may be based upon an unconditional surrender of their hostility, &c, and a return to their just allegiance to the Constitution and laws of the United States, and that we call upon the Government to maintain this position, and to prosecute the war with the utmost possible vigor to the complete suppression of the rebellion, in full reli- ance upon the self-sacrifices, the patriotism, the heroic valor, and the undying devotion of the American people to their country and its free institutions. Resolved, That slavery was the cause and now constitutes the strength of the rebellion, and that as it must be always and everywhere hostile to the principles of Republican Govern- ments, justice and the national safety demand its utter and complete eitirpation from the soil of the Republic, and that we uphold and maintain the acts and proclamations, by which the GovernDU/Q';, in its own defence, has aimed a death blow at this gigantic evil. We are in favor, furthermore, of such an amend- ment to the Constitution, to be made by the people in conformity with it* provisions, as shall terminate and forever prohibit the existence of slavery within the limits of the jurisdiction of the United States. Resolved, That the thanks of the American people are due tt the soldiers and sailors of the army and navy, who have periled their lives in defence of their country, and in vindication of the honor of the flag; that the nation owes them some perma- nent recognition of their patriotism and their valor, and ample and permanent provision for those of their survivors who have received disabling and honorable wounds in the service of their country, and that the memories of those who have fallen in its defense shall be held in grateful and everlasting remembrance. Resolved, That we approve and applaud the political wisdom, the unselfish patriotism and unswerving fidelity to the Consti tution and the principles of American liberty with which PLATFOKSIS OF IStJO— 1804s. 341 Abraham Lincoln has discharged, under circumstances of un- paralelled difficulty, the great duties and responsibilities of the Presidential office; that we approve and endorse, as demanded by the emergency and essential to the preservation of the nation, and as within the Constitution, the measures and acts which he has adopted to defend tlie nation against its open and secret foes; especially the Proclamation of Emancipation, and the employment, as Union soldiers, of men heretofore held in slavery, and that we have full confidence in his determination to carry these and all other Constitutional measures, essential to the salvation of the country, into full and complete effect. Resolved, That Ave deem it essential to the general welfare, that harmony should prevail in the national councils, and we regard as worthy of public confidence and official trust those only who cordially endorse the principle proclaimed in these resolutions, and which should characterize the administration of the Government. Resolved, That the Government owes to all men employed in ite armies, without distinction of color, the full protection of the laws of war, and any violation of these laws and of the usages of civilized nations in the time of war, hy the rebels new in arms, should be made the subject of full and prompt redress. Resolved, That the foreign immigration, which in the past has added so much to the wealth and development of resources and increase of power to this nation, the asylum of the op- pressed of all nations, should be fostered and encouraged by a liberal and just policy. Resolved, That we are in favor of the speedy construction of the railroad to the Pacific. Resolved, That the national faith is pledged for the redemption of the public debt and must be kept inviolate; and that for this purpose we recommend economy and rigid responsibilities in the public expenditures, and a vigorous and just system of tax- ation; that it is the duty of every loyal State to sustain the use of the national currency. Resolved, That we approve the position taken by the Govern- ment, that the people of the United States can never regard with indifference the attempt of European power to overthrow by force, or to supplant by fraud, the institutions of any Repub- lican government on the Western Continent, and that they will view with extreme jealousy, as menacing to the peace and inde- pendence of this our country, the efforts of any such Dower to obtain new footholds for monarchical governments sustained by u foreign military force in near proximiry to the United States. 342 PLATKOKMS OF 1860-1864. FREMONT PLATPOP.M, ADOPTED AT CLEVELAND, MAY 31, 1864. 1. That the Federal Union must be preserved. 2. That the Constitution and laws of the United States must be observed and obeyed. 3. That the rebellion must be suppressed by the force of arms, and without compromise. 4. That the rights of Free Speech, Free Press, and the Habeas Corpus must be held inviolate, save in districts where martial law has been proclaimed. 5. That the rebellion has destroyed slavery, and the Federal Constitution should be amended to prohibit its re-establishment. 6. That the right for asylum, except for crime, and subject to law, is a recognized principle — a principle of American lib- erty; that any violation of it must not be overlooked, and must not go unrebuked. 7. That the National policy known as the Monroe doctrine has become a recognized principle, and that the establishment of an anti-republican government on this continent by a foreign power can not be tolerated. • 8. That the gratitude and support of the nation is due to the faithful soldiers, and the earnest leaders of the Union army and navy, for their heroic achievements and valor in defense of our imperiled country and of civil liberty. 0. That the one term policy for the Presidency adopted by the people is strengthened by the existing crisis, and shall bo maintained by constitutional amendments. 10. That the constitution shall be so amended that the Presi- dent and Vice President shall be elected by a direct vote of the people. 11. That the reconstruction of the rebellious States belongs to the people through their representatives in Congress, and not to the Executive. 12. That the confiscation of the lands of the rebels and their distribution among the soldiers and actual settlers is a measure of justice; that integrity and economy are demanded at all times in the measures of the government, and that now the want of this is criminal. NATIONAL DEMOCRATIC PLATFORM OF 1864. Resolved, That in the future, as in the past, we will adhere with unswerving fidelity to tiie Union under the Constitution as the only solid foundation of our strength, security and happi ness as a people, and as a framework of government equally conducive to the welfare and prosperity of all the States, both Northern and Southern. Resolved, That this Convention does explicitly declare, as the sense of the American people, that after four years of failure to restore the Union by the experiment of war, during which, under the pretense of military necessity or war power higher than the Constitution, the Constitution itself has been disre- garded in every part, and public liberty and private right alike trodden down, and the material prosperity of the country es- sentially impaired, justice, humanity, liberty and the public welfare demand that immediate efforts be made for a cessation of hostilities with a view to an ultimate convention of the States, or other peaceable means, to the end that at the earliest fractical moment peace may be restored on the basis of the 'ederal Union of the States. Resolved, That the direct interference of the military author- ities of the United States in the recent elections held in Kentucky, Maryland, Missouri and Delaware was a shameful violation of the Constitution, and a repetition of such acts in the approaching election will be held as revolutionary, and re- sisted with all the means and power under our control. Resolved, That the aim and object of the Democratic party is to preserve the Federal Union and the rights of the States unimpaired, and they hereby declare that they consider that the administrative usurpation of extraordinary and dangerous powers not granted by the Constitution, the subversion of the civil by military law in States not in insurrection, the arbitrary military arrest, imprisonment, trial and sentence of American citizens in States where the civil law exists in full force, the suppression of freedom of speech and of the press, the denial of the right of asylum, the open and avowed disregard of State rights, the employment of unusual test oaths, and the interfer 343 344 NATIONAL DEMOCRATIC PIATFORM. ence with, and denial of tho right of the people to bear arms in their defense, is calculated to prevent a restoration of the Union and the perpetuation of the Government deriving its just powers from the consent of the governed. Resolved, That the shameful disregard of the Administration to its duty in respect to our fellow-citizens who now are, and long have been, prisoners of war in a suffering condition, de- serves the severest reprobation on the score alike of public pol- icy and common humanity. Resolved, That the sympathy of the Democratic party is heartily and earnestly extended to the soldiery of our army and sailors of our navy who are and have been in the field and on the sea, under the flag of their country, and in the event of its attaining power, they will receive all the care, protection and regard that the brave soldiers and sailors of the Republic have so nobly earned. THE CHICAGO PLATFORM, 1868. The following is the platform as adopted : " The National Republican Party of the United States, assembled in National Convention, in the city of Chicago, on the 20th day of May, 1868, make the following declaration of principles: "1. We congratulate the country on the assured success of the re- construction policy of Congress, as evinced by the adoption, in the majority of the States lately in rebellion, of constitutions securing equal civil and political rights to all ; and it is the duty of the Gov- ernment to sustain those constitutions and to prevent the people of such States from being remitted to a state of anarchy. "2. The guarantee by Congress of equal suffrage to all loyal men at the South was demanded by every consideration of public safety, of gratitude, and of justice, and must be maintained, while the question of suffrage in all the loyal States properly belongs to the people of those States. "3. We denounce all forms of repudiation as a national crime, and the national honor requires the payment of the public indebt- edness in the utmost good faith to all creditors at home and abroad, not only according to the letter but the spirit of the laws under which it was contracted. "4. It is due to the labor of the nation that taxation should be equalized and reduced as rapidly as the national faith will permit. " 5. The national debt, contracted, as it has been, for the preser- vation of the Union for all time to come, should be extended over a fair period for redemption; and it is the duty of Congress to re- duce the rate of interest thereon whenever it can be honestly done. "6. That the best policy to diminish our burden of debt is to so improve our credit that capitalists will seek to loan us money at lower rates of interest than we now pay, and must continue to pay, so long as repudiation, partial or total, open or covert, is threatened or suspected. " 7. The Government of the United States should be administered with the strictest economy, and the corruptions which have been so shamefully nursed and fostered by Andrew Johnson call loudly for radical reform. "8. We professedly deplore the untimely and tragic death of Abraham Lincoln, and regret the accession of Andrew Johnson to the Presidency, who has acted treacherously to the people who elected him, and the cause he was pledged to support — who has usurped high legislative and judicial functions — who has refused to execute the laws — who has used his high office to induce other officers to ignore and violate the laws — who has employed his ex- ecutive powers to render insecure the property, the peace, liberty, and life of the citize-n — who has abused the pardoning power — who 345 346 THE CHICAGO PLATFORM, 1868. has denounced the National Legislature as unconstitutional — per- sistently and corruptly resisted, by every measure in his power, every proper attempt at the reconstruction of the States lately in rebellion — who has perverted the public patronage into an engine of wholesale corruption, and who has been justly impeached for high crimes and misdemeanors, and properly pronounced guilty thereof by the vote of thirty-five Senators. "9. The doctrine of Great Britain and other European Powers, that because a man is once a subject he is always so, must be re- sisted at every hazard by the United States as a relic of the feudal times, not authorized by the law of nations, and at war with our national honor and independence. Naturalized citizens are en- titled to be protected in all their rights of citizenship as though they were native born; and no citizen of the United States, native or naturalized, must be liable to arrest and imprisonment by any foreign power for acts done or words spoken in this country; and if so arrested and imprisoned it is the duty of the Government to interfere in his behalf. "10. Of all who were faithful in the trials of the late war there were none entitled to more especial honor than the brave soldiers and seamen who endured the hardships of campaign and cruise, and imperiled their lives in the service of the country. The boun- ties and pensions provided by the laws for these brave defenders of the nation are obligations never to be forgotten. The widows and orphans of the gallant dead are the wards of the people, a sacred legacy bequeathed to the nation's protecting care. "11. Foreign emigration, which in the past has added so much to the wealth, development, and resources, and increase of power to this nation, the asylum of the oppressed of all nations, should be fostered and encouraged hy a liberal and just policy. " 12. This Convention declares itself in sympathy with all the op- pressed people which are struggling for their rights." The following resolutions were also adopted unanimously, and are added to the declaration of principles: ' ; Resolved, That we highly commend the spirit of magnanimity and forgiveness with which the men who have served in the rebel- lion, but now frankly and honestly cooperate with us in restoring the peace of the country and reconstructing the Southern State gov- ernments upon the basis of impartial justice and equal rights, are received back into the communion of the loyal people. And we favor the removal of the disqualifications and restrictions placed upon the late rebels in the same measure as the spirit of loyalty will direct, and as may be consistent with the safety of the loyal people. " Resolved, That we recognize the great principles laid down in the immortal Declaration of Independence as the true foundation of Democratic government: and we hail with gladness every effort toward making these principles a living reality on every inch of American soil." DEMOCRATIC PLATFORM. The Democratic party, in National Convention assembled, re- posing its trust in the intelligence, patriotism, and discriminating jusiice of the people, standing upon the Constitution as the foun- dation and limitation of the powers of the Government and the guarantee of the liberties of the citizen, and recognizing the questions of slavery and secession as having been settled for all time to come by the war or the voluntary action of the Southern States in Constitutional Conventions assembled, and never to be revived or re-agitated, do, with the return of peace, demand: 1. The immediate restoration of all the States to their rights in the Union under the Constitution of the civil Government and the American people. 2. Amnesty for all past political offenses ; the regulation of the elective franchise in the States by their citizens. 3. Payment of the public debt of the United States as rapidly as practicable, all money drawn from the people by taxation, except so much as is requisite for the necessities of the Govern- ment economically administered being honestly applied to such payment, aud where the obligations of the Government do not expressly state upon their face or the law under wnicL they were issued does not provide that they shall be paid in coin they ought, in right and in justice, to be paid in the lawful money of the United States. 4. Equal taxation of every species of property according to the value ; reducing Government bonds and other public securities. 5. One currency for the Government and the people, the laborer and the office-holder, pensioner and the soldier, the producer and the bondholder. 0. Economy in the administration of the Government ; the re- duction of the standing army and navy ; the abolition of the Freedmen's Bureau, and all political instrumentalities designed to secure negro supremacy ; simplification of the system and dis- continuance of inquisitorial modes of assessing and collecting in- ternal revenue, that the burden of taxation may be equalized and lessened, and the credit of the Government and the currency made good ; the repeal of all enactments for enrolling the State militia into a national force in time of peace ; and a tariff for revenue upon foreign imports and such equal taxation under the internal revenue laws as will afford incidental protection to domestic manu- factures as well, without impairing the revenue, impose the leaBt 347 348 DEMOCRATIC PLATFORM. burden upon and best promote and encourage the great industrial interests of the country. 7. Reform of abuses in the Administration; the expulsion of corrupt men from office; the abrogation of useless offices; the restoration of the rightful authority to and the independence of the Executive and Judicial Departments of the Government; the subordination of the military to the civil power, to the end that the usurpation of Congress and the despotism of the sword may cease. 8. Equal rights and protection for naturalized and native born citizens at home and abroad; the assertion of American nationality, which will command the respect of foreign powers, furnish an example and encouragement to people struggling for national in- tegrity, constitutional liberty, and individual rights; and the maintenance of the rights of naturalized citizens against the abso- lute doctrine of immutable allegiance and the claims of foreign powers to punish them for alk-ged crimes committed beyond their jurisdiction. In demanding these measures and reforms, we arraign the radical party for its disregard of right and the unparalleled oppression and tyranny which have marked its career, alter the most solemn and unanimous pledge of both houses of Congress to prosecute the war exclusively for the maintenance of the Government and the preservation of the Union under the Con- stitution. It has repeatedly violated that most sacred pledge under which was rallied that noble volunteer army which carried our flag to victory. Instead of restoring the Union it has, so far as it is in its power, dissolved it, and subjected ten States in time of peace to military despotism and negro supremacy. It has nul- lified there the right of trial by jury ; it has abolished the writ of habeas corpus, that most sacred writ of liberty ; it has overthrown the freedom of speech and of the press; it has substituted arbi- trary seizures and arrests, military trials, secret star chambers and inquisitions for constitutional tribunals; it has disregarded, in time of peace, the right of the people to be free from search and seizure; it has entered the post-office and telegraph office, and ev"en the private rooms of individuals and seized there their pri- vate papers and letters, without any specification or notice of affidavit, as required by the organic law. It has converted the American Capitol into a bastile; it has established a system of spies and official espionage to which the constitutional monarchies of Europe never dare to resort. It has abolished the right of appeal on important constitutional questions to the supreme judi- cial tribunals, and threatens to curtail or destroy its original jurisdiction, which is irrevocably vested by the Constitution; while the learned Chief Justice has been subjected to the most atrocious calumnies merely because he would not prostitute his high office to the support of the false and partisan charges against the Presi- dent. Its corruption and extravagance have exceeded any thing DEMOCRATIC PLATFORM. 349 known in history, and by its frauds and monopolies it has nearly doubled the burden of the debt created during the war. It has stripped the President of his Constitutional power of appointment even of his own Cabinet. Under its repeated assaults the pillars of the Government are rocking to their base; and should it succeed in November next, and inaugurate its President, we will meet as a subjected and conquered people amid the ruins of liberty and the scattered fragments of the Constitution; and we do declare and resolve that ever since the people of the United States threw oil all subjection to the British crown, the privilege and trust of suf- frage have belonged to the several States, and have been granted, regulated, and controlled exclusively by the political power of eacli State respectively, and any attempt by Congress, on any pretext whatever, to deprive any State of this right, or interfere with this exercise, is a flagrant usurpation of power which can find no warrant in the Constitutien, and if sanctioned by the people will subvert our form of Government, and can only end in a single, centralized and consolidated Government, in which the soparate existence of the States will be entirely absorbed, and an un- qualified despotism then be established in place of a Federal Union of coequal States, and that we regard the reconstruction acts so- called of Congress such usurpations and unconstitutional, revo- lutionary and void: that our soldiers and sailors who carried the flag of our country to victory against a most gallant and deter- mined foe must ever be gratefully remembered, and all the guar- antees given in their favor must be faithfully carried into exe- cution; that the public lands should be distributed widely among the people and should be disposed of either under the preemption of the homestead lands and sold in reasonable quantities, and to none but actual occupants, at the price established by the Government When the grants of the public lands may be allowed necessary for the encouragement of important public improvements, the proceeds of the sale of such lands, and not the lands themselves, should be so applied; that the President of the United States, Andrew Johnson, exercising the power of his high office in resisting the aggressions of Con- gress on the constitutional rights of the States and the people, is entitled to the gratitude of the whole American people, and on behalf of the Democratic party, we tender him our thanks for his patriotic efforts in that regard. Upon this platform the Democratic party appeal to every patriot, including all the conservative element, and all who desire to sup- port the Constitution and restore the Union, forgetting all past differences of opinion, to unite with us in the present great struggle for the liberties of the people; and that to all such, to whatever party they may have heretofore belonged, we extend the right hand of fellowship, and hail all such cooperating with us us friends and brothers. PLATFORMS OF 1872." " REPUBLICAN PLATFORM." The Republican party of the United States assembled in national convention in the city of Philadelphia on the 5th and 6th days of June, 1872, again declares its faith, appeals to its history, and announces its position upon the questions before the country : 1. During eleven years of supremacy it has accepted with grand courage the solemn duties of the time. It sup- pi-essed a gigantic rebellion, emancipated four millions of slaves, decreed the equal citizenship of all, and established universal suffrage. Exhibiting unparalleled magnanimity, it criminally punished no man for political offenses, and warmly welcomed all who proved loyalty by obeying the laws and dealing justly with their neighbors. It has steadily decreased with firm hand the resultant disorders of a great war, and initiated a wise and humane policy toward the Indians. The Pacific Railroad and similar vast enterprises have been generously aided and successfully conducted, the public lands freely given to actual settlers, immigration protected and encouraged, and a full acknowl- edgment of the naturalized citizen's rights secured from European powers. A uniform national currency has been provided, repudiation frowned down, the national credit sustained under the most extraordinary burdens, and new bonds negotiated at lower rates. The revenues have been carefully collected and honestly applied. Despite annual large reductions of the rates of taxation, the public debt has been reduced during General Grant's Presidency at the rate of a hundred millions a year, great financial crises have been avoided, and peace and plenty prevail through- out the land. Menacing foreign difficulties have been peacefully and honorably composed, and the honor and power of the nation kept in high respect throughout the 350 REPUBLICAN TLATFORM. 351 world. This glorious record of the past is the party's best pledge for the future. We believe the people will not intrust the government to any party or combination of men composed chiefly of those who have resisted every step of this beneficent progress. 2. The recent amendments to the national constitution should be cordially sustained because they are right, not merely tolerated because they are law, and should be car- ried out according to their spirit by appropriate legislation, the enforcement of which can safely be intrusted only to the party that secured those amendments. 3. Complete liberty and exact equality in the enjoyment of all civil, political, and public rights should be estab- lished and effectually maintained throughout the Union by efficient and appropriate >State and Federal legislation. Neither the law nor its administration should admit any discrimination in respect of citizens by reason of race, creed, color, or previous condition of servitude. 4. The national government should seek to maintain honorable peace with all nations, protecting its citizens evcry-where and sympathizing with all peoples who strive for greater liberty. 5. Any system of the civil service under which the sub- ordinate positions of the government are considered rewards for mere party zeal is fatally demoralizing, and we there- fore favor a reform of the system by laws which shall abolish the evnVof patronage and make honesty, efficiency, and fidelity the essential qualifications for public positions, without practically creating a life tenure of office. (i. We are opposed to further grants of the public lands to corporations and monopolies, and demand that the national domain be set apart for free homes for the peo- ple. 7. The annual revenue, after paying current expenditures, pensions, and the interest on the public debt, should furnish a moderate balance for the reduction of the principal, and that revenue, except so much as may be derived from a tax upon tobacco and liquors, should be raised by duties upon importations, the details of which should be so adjusted as to aid in securing remunerative wages to labor, and pro 352 RErunucAN platform. mote the industries, prosperity, and growth of the whole coi 1 11 try. 8. We hold in undying honor the soldiers and sailors whose valor saved the Union. Their pensions are a sacred debt of the nation, and the widows and orphans of those who died for their country are entitled to the care of a generous and grateful people. We favor such additional legislation as will extend the bounty of the government to all our soldiers and sailors who were honorably discharged, and who in the line of duty became disabled, without re- gard to the length of service or the cause of such discharge. 9. The doctrine of Great Britain and other European Powers concerning allegiance — "once a subject always a subject" — having at last through the efforts of the llepub- liean party been abandoned, and the American idea of the individual's right to transfer allegiance having been ac- cepted by European nations, it is the duty of our govern- ment to guard with jealous care the rights of adopted citizens against the assumption of unauthorized claims by their former governments, and we urge continued careful encouragement and protection of voluntary immigration. 10. The franking privilege ought to be abolished, and the way prepared for a speedy reduction in the rates of postage. 11. Among the questions which press for attention is that which concerns the relations of capital and labor, and the Republican party recognizes the duty of so shaping legislation as to secure full protection and the amplest field for capital, and for labor, the creator of capital, the largest opportunities and a just share of the mutual profits of these two great servants of civilization. 12. We hold that Congress and the President have only fulfilled an imperative duty in their measures for the sup- pression of violent and treasonable organizations in certain lately rebellious regions, and for the protection of the ballot-box; and therefore they are entitled to the thanks of the nation. 13. We denounce repudiation of the public debt, in any form or disguise, as a national crime. We witness with pride the reduction of the principal of the the debt, and LIBERAL REPUBLICAN PLATFOBM. 353 of the rates of interest upon the balance, and confidently expect that our excellent national curreney will be per- fected by a speedy resumption of specie payment. 14. The Republican party is mindful of its obligations to the loyal women of America for their noble devotion to the cause of freedom. Their admission to wider fields of usefulness is viewed with satisfaction; and the honest de- mand of any class of citizens t'<>r additional rights should be treated with respectful consideration. 15. We heartily approve the action of Congress in ex- tending amnesty to those lately in rebellion, and rejoice in the groVth of peace and fraternal feeling throughout the land. 16. The Republican party proposes to respect the rights reserved by the people to themselves as carefully as the powers delegated by them to the State and to the Federal Government. Jt disapproves of the resort to unconstitu- tional laws for the purpose of removing evils, by inter- ference with rights not surrendered by the people to either the BtatC or National Government. 17. It is the duty of the General Government to adopt such measures a~ may tend to encourage and restore Amer- ican commerce and ship-building. 18. We believe that the modest patriotism, the < purpose, the sound judgment, the practical wisdom, the in- corruptible integrity, and the illustrious services of Ulj S. ' Srant have commended him to the heart of the American people, and with him at our head we -tart to-day upon a new march to victory. "LIBERAL REPUBLICAN PLATFORM." We, the Libera] Republicans of the United Stal national convention assembled at Cincinnati, proclaim the following principles as essential to just government: 1. We recognize the- equality of all men before tie- law, and hold that it i.- tin,- duty of Government, in its dealings with the people, to mete out equal and exact justice to all, 30 354 LIBERAL REPUBLICAN PLATFORM. of whatever nativity, race, color, or j^ersuasion, religious or political. 2. W r e pledge ourselves to maintain the Union of these States, emancipation, and enfranchisement, and to oppose any reopening of the questions settled by the thirteenth, fourteenth, and fifteenth amendments of the Constitution. 3. We demand the immediate and absolute removal of all disabilities imposed on account of the rebellion, which was finally subdued seven years ago, believeing that univer- sal amnesty will result in complete pacification in all sec- tions of the country. 4. Local self-government, with impartial suffrage, will guard the rights of all citizens more securely than any cen- tralized power. The public welfare requires the supremacy of the civil over the military authority, and the freedom of person under the protection of the habeas corpus. We demand for the individual the largest liberty consistent with public order, for the State self-government, and for the na- tion a return to the methods of peace and the constitutional limitations of power. 5. The civil service of the government has become a mere instrument of partisan tyranny and personal ambition, and an object of selfish greed. It is a scandal and reproach upon free institutions, and breeds a demoralization danger- ous to the perpetuity of republican government. We therefore regard a thorough reform of the civil service as one of the most pressing necessities of the hour ; that honesty, capacity, and fidelity constitute the only valid claims to public employment ; that the offices of the gov- ernment cease to be a matter of arbitrary favoritism and patronage, and that public station shall become again a post of honor. To this end it is imperatively required that no President shall be a candidate for re-election. 6. We demand a system of Federal taxation which shall not unnecessarily interfere with the industry of the people, and which shall provide the means necessary to pay the expenses of the government, economically administered, the pensions, the interest on the public debt, and a mod- erate reduction annually of the principal thereof; and recognizing that there are in our midst honest but irrecon- DEMOCRATIC PLATFORM. 355 cilable difference of opinion with regard to the respective systems of protection and free trade, we remit the discus- sion of the subject to the people in their congressional districts and the decision of Congress thereon, wholly free from executive interference or dictation. 7. The public credit must be sacredly maintained, and we denounce repudiation in every form and guise. s 8. A speedy return to specie payments is demanded alike by the highest considerations of commercial morality and honest government. 9. We remember with gratitude the heroism and sacri- fices of the soldiers and sailors of the Republic, and no act of ours shall ever detract from their justly earned fame or the full rewards of their patriotism. 10. We are opposed to all further grants of lands to railroads or other corporations. The public domain should be held sacred to actual settlers. 11. We hold that it is the duty of the government, in its intercourse with foreign nations, to cultivate the friend- ships of peace by treating with all on fair and equal terms, regarding it alike dishonorable either to demand what is not right or submit to what is wrong. 12. For the promotion and success of these vital princi- ples and the support of the candidates nominated by this convention, we invite and cordially welcome the co-opera- tion of all patriotic citizens, without regard to previous political affiliations, Cincinnati, May 1-3. "DEMOCRATIC PLATFORM." We, the Democratic electors of the United States in convention assembled, do present the principles already adopted at Cincinnati, as essential to just government. [See Liberal Republican Platform.] Baltimore, July 9, 10. THE CIVIL SERVICE REGULATIONS.' 1. No person will be appointed to any position in the civil service who shall not have furnished satisfactory evi- dence of his fidelity to the Union and the Constitution of the United States. 2. The evidence in regard to character, health, age, and knowledge of the English language, required by the first rule, shall be furnished in writing, and if such evidence shall be satisfactory to the head of the department in which the appointment is to be made, the applicant shall be notified when and where to appear for examination ; but when the applicants are so numerous that the exam- ination of all whose preliminary papers are satisfactory is plainly impracticable, the head of the department shall select for examination a practicable number of those who are apparently best qualified. 3. Examinations to fill vacancies in any of the Execu- tive Departments in Washington shall be held not only at the city of Washington, but also, when directed by the head of the department in which the vacancy may exist, in the several States, either at the capital or other con- venient place. 4. The appointment of persons to be employed exclu- sively in the secret service of the Government ; also of persons to be employed as translators, stenographers, or private secretaries, or to be designated for secret service, to fill vacancies in clerkships in either of the Executive Departments at Washington, may be excepted from the operation of the rules. 5. When a vacancy occurs in a consular office, of which the lawful annual compensation is three thousand dollars or more, it will be filled at the discretion of the President, either by the transfer of some person already in the service or by a new appointment, which may be excepted from the operation of the rules. But if the vacancy occur in an 356 THE CIVIL SERVICE REGULATIONS. 357 office of which the lawful annual compensation, by salary or by fees ascertained by the last official returns, is more than one thousand dollars and less than three thousand dollars, and it is not filled by transfer, applications will be addressed to the Secretary of State, inclosing proper cer- tificates of character, responsibility, and capacity, and the Secretary will notify the applicant who, upon investiga- tion, appears to be most suitable and competent, to attend for examination ; and if he shall be found qualified, he will be nominated for confirmation ; but if not found qualified, or if his nomination be not confirmed by the Senate, the Secretary will proceed in like manner with the other applicants who appear to him to be qualified. If, however, no applicants under this regulation shall be found suitable and qualified, the vacancy will be filled at discre- tion. The appointment of commercial agents and of con- suls whose annual compensation is one thousand dollars or less (if derived from fees, the amount to be ascertained by the last official returns), of vice consuls, deputy consuls, and of consular agents and other officers who are appointed upon the nomination of the principal officer, and for whom he is responsible upon his official bond, may be, until other- wise ordered, excepted from the operation of the rules. 6. When a vacancy occurs in the office of collector of the customs, naval officer, appraiser, or surveyor of the customs, in the customs districts of New York, Boston, and Charlestown, Baltimore, San Francisco, New Orleans, Philadelphia, Vermont (Burlington), Oswego, Niagara, Buffalo Creek, Champlain," Portland, and Falmouth, Cor- pus Christi, Oswegatchie, Mobile, Brazos de Santiago, (Brownsville,) Texas, (Galveston, etc.,) Savannah, Charles- ton, Chicago, or Detroit, the Secretary of the Treasury shall ascertain if any of the subordinates in the customs district in which such vacancy occurs are suitable persons qualified to discharge efficiently the duties of the office to be filled, and, if such persons be found, he shall certify to the President the name or names of those subordinates, not exceeding three, who, in his judgment, are best quali- fied for the position, from which the President will make the nomination to fill the vacancy. But if no such subor- 358 THE CIVIL SERVICE REGULATIONS. dhiate be found qualified, or if the nomination be not con- firmed, the nomination will be made at the discretion of the President. Vacancies bccuring in such positions in the customs service in the said districts as are included in the subjoined classification will be filled in accordance with the rules. Appointments to all other positions in the customs service in said districts may be, until otherwise ordered, excepted from the operation of the rules. 7. When a vacancy occurs in the office of collector, appraiser, surveyor, or other chief officer in any customs district not specified in the preceding regulation, applica- tions in writing from any subordinate or subordinates in the customs service of the district, or from other person or persons residing within the said district, may be addressed to the Secretary of the Treasury, including proper certifi- cates of character, responsibility, and capacity ; and if any of the subordinates so applying shall be found suitable and qualified, the name or names, not exceeding three, of the best qualified shall be certified by the board of examiners to the Secretary, and from this list the nomination or ap- pointments will be made. But if no such subordinate be found qualified, the said board shall certify to the Secretary the name or names, not exceeding three, of the best quali- fied among the other applicants, and from this list the nomination or appointment will be made. If, however, no applicants under this regulation shall be found suitable and qualified, the vacancy will be filled at discretion. Ap- pointments to all other positions in the customs service in said districts may be, until otherwise ordered, excepted from the operation of the rules. 8. When a vacancy occurs in the office of postmaster, in cities having, according to the census of 1870, a popula- tion of twenty thousand or more, the Postmaster General shall ascertain if any of the subordinates in such office are suitable persons qualified to discharge efficiently the duties of postmaster, and, if such are found, he shall certify to the President the name or names of those subordinates, not exceeding three in number, who, in his judgment, are best qualified for the position, from which list the Presi- dent will make the nomination to fill the vacancy. But THE CIVIL SERVICE REGULATIONS. 359 if no such subordinate be found so qualified, or if the nomination be not confirmed by the Senate, the nomina- tion will be made at the discretion of the President. Vacancies occurring in such positions in the said post- offices as are included in the subjoined classification will be filled in accordance with the rules. Appointments to all other positions in the said post-offices may be, until otherwise ordered, excepted from the operation of the rules. 9. When a vacancy occurs in the office of postmaster, of a class not otherwise provided for, applications for the position from any subordinate or subordinates in the office, or from other persons residing within the delivery of the office, may be addressed to the Postmaster General, in- closing proper certificates of character, responsibility, and capacity ; and if any of the subordinates so applying shall be found suitable and qualified, the name or names of the best qualified, not exceeding three, shall be certified by the board of examiners to the Postmaster General, and from them the nomination or appointment shall be made. But if no subordinate be found qualified, the said board shall certify to the Postmaster General the name or names, not exceeding three, of the best qualified among the other applicants, and from them the nomination or appointment shall be made. If, however, no applicants under this regu- lation shall be found suitable and qualified, the vacancy will be filled at discretion. Appointments to all other positions in the said post-offices may be, until otherwise ordered, excepted from the operation of the rules. 10. Special agents of the Post-office Department shall be appointed by the Postmaster General at discretion, from persons already in the postal service, and who shall have served therein for a period of not less than one year im- mediately preceding the appointment. But if no person within the service shall, in the judgment of the Postmaster General, be suitable and qualified, the appointment shall be made from all applicants under the rules. 11. Mail route messengers shall be appointed in the manner provided for the appointment of postmasters whose annual salary is less than two hundred dollars. 3G0 THE CIVIL SERVICE REGULATIONS. 12. When a vacancy occurs in the office of register or receiver of the land office, or of pension agent, applications in writing from residents in the district in which the va- cancy occurs may be addressed to the Secretary of the Interior, inclosing proper certificates of character, respon- sibility, and capacity ; and if any of the applicants shall be found suitable and qualified, the name or names, not exceeding three, of the best qualified, shall be certified by the boai-d of examiners to the Secretary, and from this list the nomination will be made. If, however, no applicants under this regulation shall be found suitable and qualified, the nomination will be made at discretion. 13. When a vacancy occurs in the office of United States marshal, applications in writing from residents in the dis- trict in which the vacancy occurs may be addressed to the Attorney General of the United States, inclosing proper certificates of character, responsibility, and capacity; and if any of the applicants shall be found suitable and quali- fied, the name or names, not exceeding three, of the best qualified, shall be certified by the board of examiners to the Attorney General, and from this list the nomination will be made. If, however, no applicants under this regu- lation shall be found suitable and qualified, the nomination will be made at discretion. 14. Appointments to fill vacancies occurring in offices in the several Territories, excepting those of judges of the United States courts, Indian agents and superintendents, will be made from suitable and qualified persons domiciled in the Territory in which the vacancy occurs, if any such are found. 15. It shall be the duty of the examining board in each of the departments to report to the advisory board such modifications in the rules and regulations as, in the judg- ment of such examining board, are required for appoint- ments to certain positions, to which, by reason of distance, or of difficult access, or of other sufficient cause, the rules and regulations can not be applied with advantage; and if the reason for such modifications shall be satisfactory to the advisory board, said board will recommend them for approval. THE CIVIL SERVICE REGULATIONS. 361 16. Nothing in these rules and regulations shall prevent the reappointment at discretion of the incumbents of any office the term of which is fixed by law; and when such reappointment is made no vacancy within the meaning of the rules shall be deemed to have occurred. 17. Appointments to all positions in the civil service, not included in the subjoined classifications, nor otherwise specially provided for by the rules and regulations, may, until otherwise ordered, be excepted from the operation of the rules. [The Civil Service Regulations are practically discontinued in many departments, in consequence of a failure on the part of Congress to make appropriations for continuing them, though they are yet adhered to in some.] 31 RELATIONS OF THE UNITED STATES AND GREAT BRITAIN. Treaty between the United States and Great Britain — Claims, Fisheries, Navigation of the St. Lawrence, etc., American Lumber on the Kiver St. John, Boundary — Concluded May 8, 1871 ; Ratifications Exchanged June 17, 1871 ; Proclaimed July 4, 1871. By the President of the United States of America. A. PROCLAMATION. Whereas a treaty between the United States of Amer- ica and her Majesty the Queen of the United Kingdom of Great Britain and Ireland, concerning the settlement of all causes of difference between the two countries, was concluded and signed at Washington by the high commis- sioners and plenipotentiaries of the respective Govern- ments on the 8th day of May last; which treaty is, word for word, as follows : • The United States of America and her Britannic Majesty, being desirous to provide for an amicable settlement" of all causes of difference between the two countries, have for that purpose appointed their respective plenipotenti- aries, that is to say : the President of the United States has appointed, on the part of the United States, as com- missioners in a joint high commission and plenipotentiaries, Hamilton Fish, Secretary of State ; Robert dimming Schenck, envoy extraordinary and minister plenipotentiary to Great Britain ; Samuel Nelson, an associate justice of the Supreme Court of the United States; Ebenezer Rock- 362 UNITED STATES AND GREAT BRITAIN. 363 wood Hoar, of Massachusetts ; and George Henry Wil- liams, of Oregon ; and her Britanic Majesty, on her part, has appointed as her high commissioners and plenipotenti- aries the right honorable George Frederick Samuel, Earl de Grey and Earl of Ripon, Viscount Goderich, Baron Grantham, a baronet, a peer of the United Kingdom, lord president of her Majesty's most honorable Privy Council, knight of the most noble order of the Garter, etc. ; the right honorable Sir Stafford Henry Northcote, baronet, one of her Majesty's most honorable Privy Council, a member of Parliament, a companion of the most honora- ble order of the Bath, etc.; Sir Edward Thornton, knight commander of the most honorable order of the Bath, her Majesty's envoy extraordinary and minister plenipotentiary to the United States of America ; Sir John Alexander Macdonald, knight commander of tne most honorable order of the Bath, a member of her Majesty's Privy Council for Canada, and minister of justice and attorney- general of her Majesty's Dominion of Canada; and Mon- tague Bernard, Esq., Chichele professor of international law in the University of Oxford. And the said plenipotentiaries, after having exchanged their full powers, which were found to be in due and proper form, have agreed to and concluded the following articles : ARTICLE I. Whereas differences have arisen between the Govern- ment of the United States and the Government of her Britannic Majesty, and still exist, growing out of the acts committed by the several vessels which have given rise to the claims generic-ally known as the "Alabama claims;" And whereas her Britannic Majesty has authorized her high commissioners and plenipotentiaries to express, in a friendly spirit, the regret felt by her Majesty's Govern- ment for the escape, under whatever circumstances, of the Alabama and other vessels from British ports, and for the depredations committed by those vessels : Now, in order to remove and adjust all complaints and claims on the part of the United States, and to provide 36-4 UNITED STATES AND GREAT BRITAIN. for the speedy settlement of such claims which are not admitted by her Britannic Majesty's Government, the high contracting parties agree that all the said claims, growing out of acts committed by the aforesaid vessels and generically known as the "Alabama claims," shall be referred to a tribunal of arbitration, to be composed of five arbitrators, to be appointed in the following manner, that is to say : one shall be named by the President of the United States; one shall be named by her Britannic Majesty ; his Majesty the King of Italy shall be requested to name one ; the President of the Swiss Confederation shall be requested to name one ; and his Majesty the Emperor of Brazil shall be requested to name one. In case of the death, absence, or incapacity to serve of any or either of the said arbitrators, or, in the event of, either of the said arbitrators omitting or declining or ceas- ing to act as such, the President of the United States, or her Britannic Majesty, or his Majesty the King of Italy, or the President of the Swiss Confederation, or his Majesty the Emperor of Brazil, as the case may be, may forthwith name another person to act as arbitrator in the place and stead of the arbitrator originally named by such head of a State. And in the event of the refusal or omission for two months after receipt of the request from either of the high contracting parties of his Majesty the King of Italy, or the President of the Swiss Confederation, or his Majesty the Emperor of Brazil, to name an arbitrator either to fill the original appointment or in the place of one who may have died, be absent, or incapacitated, or who may omit, decline, or from any cause cease to act as such arbi- trator, his Majesty the King of Sweden and Norway shall be requested to name one or more persons, as the case may be, to act as such arbitrator or arbitrators. article n. The arbitrators shall meet at Geneva, in Switzerland, at the earliest convenient day after they shall have been named, and shall proceed impartially and carefully to UNITED STATES AND GREAT BRITAIN. 365 examine and decide all questions that shall he laid ho fore them on the part of the Governments of the United States and her Britannic Majesty respectively. All ques- tions considered by the tribunal, including the final award, shall he decided hy a majority of all the arhitrators. Each of the high contracting parties shall also name one person to attend the tribunal as its agent to represent it generally in all matters connected with the arbitration. article in. The written or printed case of each of the two parties, accompanied by the documents, the official correspondence, and other evidence on which each relies, shall be delivered in duplicate to each of the arbitrators and to the agent of the other party as soon as may be after the organization of the tribunal, but within a period not exceeding six months from the date of the exchange of the ratifications of this treaty. ARTICLE IV. Within four months after the delivery on both sides of the written or printed case, either party may, in like man- ner, deliver in duplicate to each of the said arbitrators, and to the agent of the other party, a counter case and additional documents, correspondence, and evidence, in reply to the case, documents, correspondence, and evi- dence so presented by the other party. • ' The arbitrators may, however, extend the time for delivering such counter case, documents, correspondence, and evidence, when, in their judgment, it becomes neces- sary, in consequence of the distance of the place from which the evidence to he presented is to be procured. If in the case submitted to the arbitrators either party shall have specified or alluded to any report or document in its own exclusive possession without annexing a copy, such party shall be bound, if the other party thinks proper to apply for it, to furnish that party with a copy thereof; and either party may call upon the other, through the 366 UNITED STATES AND GREAT BRITAIN. arbitrators, to produce the originals or certified copies of any papers adduced as evidence, giving in each instance such reasonable notice as the arbitrators may require. ARTICLE v. It shall be the duty of the agent of each party, within two months after the expiration of the time limited for the delivery of the counter case on both sides, to deliver in duplicate to each of the said arbitrators and to the agent of the other party a written or printed argument showing the points and referring to the evidence upon which his Government relies ; and the arbitrators may, if they desire further elucidation with regard to any point, require a written or printed statement or argument, or oral argument by counsel upon it ; but in such case the other party shall be entitled to reply either orally or in writing, as the case may be. ARTICLE VI. In deciding the matters submitted to the arbitrators, they shall be governed by the following three rules, which are agreed upon by the high contracting parties . as rules to be taken as applicable to the case, and by such princi- ples of international law not inconsistent therewith as the arbitrators shall determine to have been applicable to the case. Rules. A neutral Government is bound — First, to use due diligence to prevent the fitting out, arming, or equipping, within its jurisdiction, of any vessel which it has reasonable ground to believe is intended to cruise or to carry on war against a Power with which it is at peace ; and also to use like diligence to prevent the departure from its jurisdiction of any vessel intended to cruise or carry on war as above, such vessel having been specially adapted, in whole or in part, within such juris« diction, to warlike use. UNITED STATES AND GREAT BRITAIN. 367 Secondly, not to permit or suffer either belligerent to make use of its ports or waters as the base of naval opera- tions against the other, or for the purpose of the renewal or augmentation of military supplies or arms, or the recruitment of men. Thirdly, to exercise due diligence in its own ports and waters, and, as to all persons within its jurisdiction, to prevent any violation of the foregoing obligations and duties. Her Britannic Majesty has commanded her high com- missioners and plenipotentiaries to declare that her Majes- ty's Government can not assent to the foregoing rules as a statement of principles of international law which were in force at the time when the claims mentioned in Article I arose, but that her Majesty's Government, in order to evince its desire of strengthening the friendly relations between the two countries, and of making satisfactory provision for the future, agrees that in deciding the ques- tions between the two countries arising out of those claims the arbitrators should assume that her Majesty's Govern- ment had undertaken to act upon the principles set forth in these rules. And the high contracting parties agree to observe these rules as between themselves in future, and to bring them to the knowledge of other maritime Powers, and to invite them to accede to them. ARTICLE VII. The decision of the tribunal shall, if possible, be made within three months from the close of the argument on both sides. It shall be made in writing and dated, and shall be signed by the arbitrators who may assent to it. The said tribunal shall first determine as to each vessel separately whether Great Britain has, by any act or omis- sion, failed to fulfill any of the duties set forth in the foregoing three rules, or recognized by the principles of international law not inconsistent with such rules, and shall certify such fact as to each of the said vessels. In 368 UNITED STATES AND GREAT BRITAIN. case the tribunal find that Great Britain has failed to ful- fill any duty or duties as aforesaid, it may, if it think proper, proceed to award a sum in gross to be paid by Great Britain to the United States for all the claims referred to it ; and in such case the gross sum so awarded shall be paid in coin by the Government of Great Britain to the Government of the United States, at Washington, within twelve months after the date of the award. The award shall be in duplicate, one copy whereof shall be delivered to the agent of the United States for his Government, and the other copy shall be delivered to the agent of Great Britain for his Government. ARTICLE Vm. Each government shall pay its own agent and provide for the proper remuneration of the counsel employed by it, and for the arbitrator appointed by it, and for the expense of preparing and submitting its case to the tribunal. All other expenses connected with the arbitra- tion shall be defrayed by the two Governments in equal moieties. ARTICLE LX. The arbitrators shall keep an accurate record of their proceedings, and may appoint and employ the necessary officers to assist them. ARTICLE X. In case the tribunal finds that Great Britain has failed to fulfill any duty or duties as aforesaid, and does not award a sum in gross, the high contracting parties agree that a board of assessors shall be appointed to ascertain and determine what claims are valid, and what amount or amounts shall be paid by Great Britain to the United States on account of the liability arising from such failure, as to each vessel, according to the extent of such liability as decided by the arbitrators. UNITED STATES AND GREAT BRITAIN. 369 The board of assessors shall be constituted as follows: one member thereof shall be named by the President of the United States, one member thereof shall be named by her Britannic Majesty, and one member thereof shall be named by the representative at Washington of his Majesty the King of Italy ; and in case of a vacancy happening from any cause, it shall be filled in the same manner in which the original appointment was made. As soon as possible after such nominations the board of assessors shall be organized in Washington, with power to hold their sittings there, or in New York, or in Boston. The members thereof shall severally subscribe a solemn declaration that they will impartially and carefully exam- ine and decide, to the best of their judgment and according to justice and equity, all matters submitted to them, and shall forthwith proceed, under such rules and regulations as they may prescribe to the investigation of the claims which shall be presented to them by the Government of the United States, and shall examine and decide upon them in such order and manner as they may think proper, but upon such evidence or information only as shall be furnished by or on behalf of the Governments of the United States and of Great Britain, respectively. They shall be bound to hear on each separate claim, if required, one person on behalf of each Government, as counsel or agent. A majority of the assessors in each case shall be sufficient for a decision. The decision of the assessors shall be given upon each claim in writing, and shall be signed by them respectively and dated. Every claim shall be presented to the assessors within six months from the day of their first meeting, but they may, for good cause shown, extend the time for the pre- sentation of any claim to a further period not exceeding three months. The assessors shall report to each Government at or before the expiration of one year from the date of their first meeting the amount of claims decided by them up to the date of such report. If further claims then remain undecided, they shall make a further report at or before 370 UNITED STATES AND GREAT BRITAIN. the expiration of two years from the date of such first meeting, and in case any claims remain undetermined at that time, they shall make a final report within a further period of six months. The report or reports shall be made in duplicate, and one copy thereof shall be delivered to the Secretary of State of the United States, and one copy thereof to the representative of her Britannic Majesty at Washington. All sums of money which may be awarded under this article shall be payable at Washington, in coin, within twelve months after the delivery of each report. The board of assessors may employ such clerks as they shall think necessary. The expenses of the board of assessors shall be borne equally by the two Governments, and paid from time to time, as may be found expedient, on the production of accounts certified by the board. The remuneration of the assessors shall also be paid by the two Governments in equal moieties in a similar manner. ARTICLE XI. The high contracting parties engage to consider the result of the proceedings of the tribunal of arbitration and of the board of assessors, should such board be appointed, as a full, perfect, and final settlement of all the claims hereinbefore referred to ; and further engage that every such claim, whether the same may or may not have been presented to the notice of, made, preferred, or laid before the tribunal or board shall, from and after the conclusion of the proceedings of the tribunal or board, be considered and treated as finally settled, barred, and thenceforth inadmissible. ARTICLE XII. The high contracting parties agree that all claims on the part of corporations, companies, or private individuals, citizens of the United States, upon the Government of her Britannic; Majesty, arising out of acts committed against the persons or property of citizens of the United UNITED STATES AND GREAT BRITAIN. 371 States during the period between the 13th of April, 1861, and the 9th of April, 1865, inclusive, not being claims growing out of the acts of the vessels referred to in Arti- cle I of this treaty ; and all claims, with the like excep- tion, on the part of corporations, companies, or private individuals, subjects of her Britannic Majesty, upon the Government of the United States, arising out of acts com- mitted against the persons or property of subjects of her Britannic Majesty during the same period which may have been presented to either Government for its interposition with the other, and which yet remain unsettled, as wt 11 as any other such claims which may be presented within the time specified in Article XIV of this treaty, shall be referred to three commissioners, to be appointed in the following manner, that is to say : one commissioner shall be named by the President of the United States, one by her Britannic Majesty, and a third by the President of the United States and her Britannic Majesty conjointly ; and in case the third commissioner shall not have been so named within a period of three months from the date of the exchange of the ratifications of this treaty, then the third commissioner shall be named by the representative at Washington of his Majesty the King of Spain. In case of the death, absence, or incapacity of any commis- sioner, or in the event of any commissioner omitting or ceasing to act, the vacancy shall be filled in the manner hereinbefore provided for making the original appoint- ment ; the period of three months in case of such substi- tution being calculated from the date of the happening of the vacancy. The commissioners so named shall meet at Washington at the earliest convenient period after they have been respectively named ; and shall, before proceeding to any business, make and subscribe a solemn declaration that they will impartially and carefully examine and decide, to the Jjest of their judgment and according to justice and equity, all such claims as shall be laid before them on the part of the Governments of the United States and of her Britannic Majesty, respectively ; and such declaration shall be entered on the record of their proceedings. 372 UNITED STATES AND GREAT BRITAIN. ARTICLE Xin. The commissioners shall then forthwith proceed to the investigation of the claims which shall be presented to them. They shall investigate and decide such claims in such order and such manner as they may think proper, but upon such evidence or information only as shall be furnished by or on behalf of the respective Governments. They shall be bound to receive and consider all written documents or statements Avhich may be presented to them by or on behalf of the respective Governments in support of or in answer to any claim, and to hear, if required, one person on each side, on behalf of each Government, as counsel or agent for such Government, on each and every separate claim. A majority of the commissioners shall be sufficient for an award in each case. The award shall be given upon each claim in writing, and shall be signed by the commissioners assenting to it. It shall be competent for each Government to name one person to attend the commissioners as its agent, to present and sup- port claims on its behalf, and to answer claims made upon it, and to represent it generally in all matters connected with the investigation and decision thereof. The high contracting parties hereby engage to consider the decision of the commissioners as absolutely final and conclusive upon each claim decided upon by them, and to give full effect to such decisions without any objection, evasion, or delay whatsoever. article xrv. Every claim shall be presented to the commissioners within six months from the day of their first meeting, unless in any case where reasons for delay shall be estab- lished to the satisfaction of the commissioners, and then, and in any such case, the period for presenting the claim may be extended by them to any time not exceeding three months longer. The commissioners shall be bound to examine and decide upon every claim within two years from the day of their UNITED STATES AND GREAT BRITAIN. 373 first meeting. It shall be competent for the commissioners to decide in each case whether any claim has or has not been duly made, preferred, and laid before them, either wholly or to any and what extent, according to the true intent and meaning of this treaty. ARTICLE XV. All sums of money which may be awarded by the com- missioners on account of any claim shall be paid by the one Government to the other, as the case may be, within twelve months after the date of the final award, without interest, and without any deduction, save as specified in Article XVI of this treaty. ARTICLE XVT. The commissioners shall keep an accurate record, and correct minutes or notes of all their proceedings with the dates thereof, and may appoint or employ a secretary, and any other necessary officer or officers to assist them in the transaction of the business which may come before them. Each Government shall pay its own commissioner and agent or counsel. All other expenses shall be defrayed by the two Governments in equal moieties. The whole expenses of the commission, including con- tingent expenses, shall be defrayed by a ratable deduction on the amount of the sums awarded by the commissioners, provided always that such deduction shall not exceed the rate of five per cent, on the sums so awarded. ARTICLE XVII. The high contracting parties engage to consider the result of the proceedings of this commission as a full, per- fect, and final settlement of all such claims as are men- tioned in Article XII of this treaty upon either Govern- ment ; and further engage that every such claim, whether or not the same may have been presented to the notice of, made, preferred, or laid before the said commission, shall, ., I HNITMIl I \ I ' ■ \ i' lli.l Mi lliutlll i« I ( I. .1, |. II I . ,1 III. I I ll. II. . I.. I I ll III. I. Illll llll. VI, Mi I I \ \ HI ll I i i. ■ .1 Im Hi. In' I Ii III liiu |'ii III Hill m ul.li I i. .ii I., ili. I.I.. i I \ . . in . .1 l.. III. I 'ml. .1 •' I lltl Ii III i in. ii l.\ I It.' . ,ni\ . nil. ii I.. Mi, .ii ll.. I ml., I Mil. in, I (,i. il lllllillii in.. I il I ..ii. I. hi nil llii' "Olli ,l:i\ .'I <».l..l..l. I H IM, til iwl ni" • in im in. i -ii \ in- ii li "ii • oi inn <'M i i III i III |)| in Ii X.'i lli \ in. i i. i I. 'in. Ili' i. In .1. Iliu .1 I ll. 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M"li( "i |'il\ ll, |.|,|.,M\ 0| Willi Hill! ll ll ll. I III. II III ill. 01 :l. ,':|l'l, iiu ul mi |MII ( 0| ill, u,l , u.i I m I Inn u. . IIIIIUU \ lul ill.' Iiu, I'm |'.' . I I i u u. 1, i inn.l I I i.i ( (Im :llm\ .' ni.iii mu, .1 III', i i \ i|.|'li, ul. I\ in i Im • u.i (i In i \ in, I iliu i Im ■ iliimn .in, I lui.l li Imim in, I .ill nili, i li li. i i. in iivum :iu,l llm umiilli III ll \ , i , ii , Iii -I ul'\ in . I \ . .1 . \. In i\ , 1\ In i I '. i il i li li li. i in. it \i; i ii it \ i\ li i i- i.,,l Im llm lii"li . mid :i, I iiu- |Milm lli.ii luill-h •lil'lu.l lull luixu. ill .uiiinmii With 111'' >'l(l 'll'' 1)1 ill** I nil, ,1 ! -i ii, l Im hi', I i \ . Im llm i.i in ul \ uii in, 11 It, Mm. I in \i(i,1u \\\lll ul iiu liu.iM. tO III"' li li ''I 'I'M I. III.I. , \. U|'l hull ll ll. .'II llm . I l.'l II ' .'.I , ,':l I ;li .1 . ■ ■ i U, ■ ■ ■ .... I-,/ ii,< \mr\nm ->i ilt . , .... . . . i . ■ >i, u,< m>\t •. ■ :./,,■ ■ ■ ;,/< - ■ 'In,;/ ;wli< |i .,!,,,, | .. , J/l< /I', I I J,'. ■ ...... •Ii.ill \,< ; ' ' "'1 ffhilil mi,. .) (// i(,< •I ;uill,'/i • • i '//, -I llml fin it" i' ii" -J i/'/n' /III -J il,,.- irmly, li-l. r>f j ;.„r. auv creditor tor securing the payment of any monej aa a consideration tor or with intent to induce the creditor to forbear opting the application for discharge ot' the bankrupt, shall be void; and it' auv creditor shall obtain any sum of money or other goy>ds, chattels, or security from an) person aa an inducement for forbearing to oppose, or consenting to tuch application for discharge, creditor so offending shall forfeit all right to any share or dividend in the estate ol' the bankrupt, and shall also forfeit double the value or amount oi' such money, goods, ehattels, or seeun ained, to be recovered by the ass the benefit ol the estate. Nothing iu this section shall be construed to invalidate any loan oi actual value, or the security therefor made in go<.H.l faith, Upon a security taken in good faith on the occasion of the making of such lo&u. BANKRUPTCY OF PARTNERSHIPS and OF CORPORA- nous And be it further encwteil. That where two or more persona W he are partners in trade shall be adjudged bankrupt, either on the petition ol' such partners or any one oi them, or on the petition ol auv creditor of the part- i warrant shall iasue in the manner provided by this act. upon which all the joint stock and property ol the co- partnership, and also all the separata estate ol each ot' the partners, shall be taken, excepting such parts thereof aa are hereinbefore excepted; and all the creditors of the com- pany, and the separate creditors oi each partner, shall be allowed to prove their res[>eciive debt?; and the assignee shall be chosen by the creditors oi' the company, and shall leparate accounts oi the joint stock or property of the copartnership and ol the separate estate of each member thereof; and alter deducting out of the whole UANKitll'i' V A' T, AH AMENDED I". 486 amount received by Rich assignee 1 1 * « - whole of th<- <•■•. p n eg and disbursement*, the net proa dfofthejoii ball \)>- appropriated to pay 1 1 * * - creditor! of the copartnership, and tii<- net proceedi of the eparate estate of each partner shall be appropriated to j»a%- bit separate creditors; and if there shall be any balance of the separate estate of any partner, after the payment of hi-> separate debts, men balance shall be added to the joint stock for the payment of the joint creditors; and if there ihall be an) balance of the j« > i 1 1 l stock after payment of the joint debts, such balance shall be divided and appropriated to and am the separate estates of the several partners, accordinj their respective right and interest therein, ;uj<1 at it would have been ii' the partnership had been dissolved without any bankruptcy; and the sum so appropriated to the separate estate of each partner -hull h<- applied to the pay- ment of nil separate debt* ; and the certificate of dischi shall be granted or refused to each partner ime would or ought to be if the proceedings bad been sgi him alone under this act; and in all otnei the pro- ceedings against partners shall \>>-. conducted in th<- like manner ax if they liaorution or company, made and presented in tin; manner lereinafter provided in respect to debtors, the like procei d- ingi -hall be had and taken as are hereinafter provided in the case of debtors ; and all the provisions of thus act which apply to the debtor, or set forth bis duties in regard to furnishing schedules and inventory iting pap submitting to examinations, disclosing, making ing, concealing, conveying, assigning, or paying away his 466 BANKRUPTCY ACT, AS AMENDED 1875. money or property, shall in like manner, and with like force, effect, and penalties, apply to each and every officer of such corporation or company in relation to the same matters concerning the corporation or company, and the money and property thereof. All payments, conveyances, and assignments declared fraudulent and void by this act when made by a debtor, shall in like manner, and to the like extent, and with like remedies, be fraudulent and void when made by a corporation or company. No allowance or discharge shall be granted to any corporation. or joint- stock company, or to any person or officer or member thereof: Provided, That whenever any corporation by pro- ceedings under this act shall be declared bankrupt, all its property and assets shall be distributed to the creditors of such corporation in the manner provided in this act in respect to natural persons. OF DATES AND DEPOSITIONS. Sec. 38. And be it further enacted, That the filing of a petition for adjudication in bankruptcy, either by a debtor in his own behalf, or by any creditor against a debtor, upon which an order may be issued by the court, or by a register in the manner provided in section four, shall be deemed and taken to be the commencement of proceedings in bank- ruptcy under this act ; the proceedings in all cases in bankruptcy shall be deemed matters of record, but the same shall not be required to be recorded at large, but shall be carefully filed, kept, and numbered in the office of the clerk of the court, and a docket only, or short mem- orandum thereof, kept in books to be provided for that pur- pose, which shall be open to public inspection. Copies of such records, duly certified under the seal of the court, shall in all cases be prima facie evidence of the facts therein stated. Evidence or examinations in any of the proceed- ings under this act may be taken before the court, or a register in bankruptcy, viva voce, or in writing, before a commissioner of the circuit court, or by affidavit, or on commission, and the court may direct a reference to a register in bankruptcy, or other suitable person, to take BANKRUPTCY ACT, AS AMENDED 1875. 467 and certify such examination, and may compel the attend- ance of witnesses, the production of books and papers, and the giving of testimony, in the same manner as in suits in equity in the circuit court. INVOLUNTARY BANKRUPTCY. Sec. 39. And be it fwtJier enacted, That any person residing, and owing debts, as aforesaid, who, after the pas- sage of this act, shall depart from the State, District, or Territory of which he is an inhabitant, with intent to defraud his creditors; or, being absent, shall, with such intent, remain absent; or shall conceal himself to avoid the service of legal process in any action for the recovery of a debt or demand provable under this act ; or shall conceal or remove any of his property to avoid its being attached, taken, or sequestered on legal process ; or shall make any assignment, gift, sale, conveyance, or transfer of his estate, properity, rights, or credits, either within the United States or elsewhere, with intent to delay, defraud, or hinder his creditors ; or who has been arrested and held in custody under or by virtue of mesne process or execution, issued out of any court of the United States or of any State, District, or Territory within which such debtor resides or has property, founded upon a demand in its nature provable against a bankrupt's estate under this act, and for a sum exceeding one hundred dollars, and such process is remaining in force and not discharged by pay- ment, or in any other manner provided by the law of the United States or of such State, District, or Territory, applicable thereto, for a period of twenty days, or has been actually imprisoned for more than twenty days in a civil action founded on contract for the sum of one hundred dollars or upward ; or who, being bankrupt or insolvent, or in contemplation of bankruptcy or insolvency, shall make any payment, gift, grant, sale, conveyance, or transfer of money or other property, estate, rights, or credits, or confess judgment, or give any warrant to confess judg- ment, or procure his property to be taken on legal pro- cess, with intent to give a preference to one or more of 468 BANKRUPTCY ACT, AS AMENDED 1875. his creditors, or to any person or persons who are or may be liable for him as indorsers, bail, sureties, or otherwise, or with tbe intent, by such disposition of his property, to defeat or delay the operation of this act ; or who, being a bank, banker, broker, merchant, trader, manufacturer, or miner, has fraudulently stopped payment, or who being a bank, banker, broker, merchant, trader, manufacturer, or miner, has stopped or suspended and not resumed payment, within a period of forty days, of his commercial paper (made or passed in the course of his business as such), or who, being a bank or banker, shall fail for forty days to pay any depositor upon demand of payment lawfully made, shall be deemed to have committed an act of bankruptcy, and, subject to the conditions hereinafter prescribed, shall be adjudged a bankrupt on the petition of one or more of his creditors, who shall constitute one-fourth thereof, at least, in number, and the aggregate of whose debts prova- ble under this act amounts to at least one-third of the debts so provable: Provided: That such petition is brought within six months after such act of bankruptcy shall have been committed. And the provisions of this section shall apply to all cases of compulsory or involuntary bankruptcy com- menced since the first day of December, eighteen hundred and seventy -three, as well as to those commenced hereafter. And in all cases commenced since the first day of Decem- ber, eighteen hundred and seventy-three, and prior to the passage of this act, as well as those commenced hereafter, the court shall, if such allegation as to the number or amount of petitioning creditors be denied by the debtor, by a statement in writing to that effect, require him to file in court forthwith a full list of his creditors, with their places of residence and the sums due them respectively, and shall ascertain, upon reasonable notice to the creditors, whether one-fourth in number and one-third in amount thereof, as aforesaid, have petitioned that the debtor be adjudged a bankrupt. But if such debtor shall, on the filing of the petition, admit in writing that the requisite number and amount of creditors have petitioned, the court (if satisfied that the admission was made in good faith,) shall so adjudge, which judgment shall be final, and the BANKRUPTCY ACT, AS AMENDED 1875. 469 matter. proceed without further steps on that subject. And if it shall appear that such number and amount have not so petitioned, the court shall grant reasonable time, not exceeding, in cases heretofore commenced, twenty days, and, in cases hereafter commenced, ten days, within which other creditors may join in such petition. And if, at the expiration of such time so limited, the number and amount shall comply with the requirements of this section, the matter of bankruptcy may proceed ; but if, at the expira- tion of such limited time, such number and amount shall not answer the requirements of this section, the proceed- ings shall be dismissed, and, in cases hereafter commenced, with costs. And if such person shall be adjudged a bank- rupt, the assignee may recover back the money or property so paid, conveyed, sold, assigned, or transferred contrary to this act : Provided, That the person receiving such payment or conveyance had reasonable cause to believe that the debtor was insolvent, and knew that a fraud on this act was intended ; and such person, if a creditor, shall not, in cases of actual fraud on his part, be allowed to prove for more than a moiety of his debt; and this limitation on the proof of debts shall apply to cases of voluntary as well as involuntary bankruptcy. And the petition of creditors under this section may be sufficiently verified by the oaths of the first five signers thereof, if so many there be. And if any of said first five signers shall not reside in the district in which such petition is to be filed, the same may be signed and verified by the oath or oaths of the attorney or attorneys, agent or agents, of such signers. And in com- puting the number of creditors, as aforesaid, who shall join in such petition, creditors whose respective debts do not exceed two hundred and fifty dollars shall not be reckoned. But if there be no creditors whose debts exceed said sum of two hundred and fifty dollars, or if the requisite number of creditors holding debts exceeding two hundred and fifty dollars fail to sign the petition, the creditors having debts of a less amount shall be reckoned for the purposes afore- said. Sec. 40. And be it further enacted, That upon the filing of the petition authorized by the next preceding section, I " ' i - — 1875 - - - ■ de^ fan - ai coort of har - . - - -- • - ... . . .... ■ • - . - - _■ - • " • • : ■ :z-Tt' :' : - t :n ~ ..\- _-- .- 1 - :_— _ :: : - - .-. ; ~ : . ~-'S.Ji:'^~ '. 1~ ' _i; "__ - : .:-"~ i-r*r7. IT— r~? .'.t - " 1 ~."- lil . " : ■ . - - and forxhwr -esacm p r wiao oaBr of all the - -. -■_■ ■. r :_-. :.:.'.-:_-■- • - . - - - - -jr.. :-- :-;•-::' :i-e . . ■ ■ . - . - . r_i-i".irr j.~ ~-- : r- —j.~ :,*-•:. _> :':r;ir: - r~«::-ii: -- " ..----. i-~'. -•' :' -".-_.. ".1 z±-~- berz . "r: : :.: - -c ".-:': " : :' • -■: : : - " " - ■ : " - BA>"KRCTTCY ACT, A.S AMENDED 1875. 471 cient in number and amount shall sign such petition so as to make a total of one-fourth in number of the creditors and one-third in the amount of the provable debts against the bankrupt, as provided in said section, the court shall so adjudge, which judgment shall be final; otherwise it shall dismiss the proceedings, and, in cases hereafter com- menced, with costs. Sec. 41. And be it further enacted, That on such return day or adjourned day, if the notice has been duly served or published, or shall be waived by the appearance and C'>n-ent of the debtor, the court shall proceed summarilv to hear the allegations of the petitioner and debtor, and may adjourn the proceedings from time to time, on good cause shown, and shall, if the debtor on the same day so de- mand in writing, order a trial by jury at the first term of the court at which a jury shall be in attendance, to ascer- tain the facts of such alleged bankruptcy. Or, at the election of the debtor, the court may, in its discretion, award a venire facias to the marshal of the district, re- turnable within ten days before him for the trial of. the facts set forth in the petition, at which time the trial shall be had, unless adjourned for cause. And unless, upon such hearing or trial, it shall appear to the satisfaction of said court, or of the jury, as the case may be, that the facts set forth in said petition are true, or if it shall appear that the debtor has paid and satisfied all liens upon his property, in case the existence of such leins was the sole ground of the proceeding, the proceeding shall be dis- missed, and the respondent shall recover costs; and all proceedings in bankruptcy may be discontinued on rea- sonable notice and hearing, with the approval of the court, and upon the absent, in writing, of such debtor, and not less than one half of his creditors in number and amount ; or, in case all the creditors and such debtor absent thereto, such discontinuance shall be ordered and entered ; and all parties shall be remitted, in either case, to the same rights and duties existing at the date of the filing of the petition for bankruptcy, except so far as' such estate shall have been already administered and disposed of. And the court shall 472 BANKRUPTCY ACT, AS AMENDED 1875. have power to make all needful orders and decrees to carry the foregoing provision into effect. Sec. 42. And be it further enacted, That if the facts set forth in the petition are found to be true, or if default be made by the debtor to appear pursuant to the order, upon due proof of service thereof being made, the court shall ad- judge the debtor to be a bankrupt, and, as such, subject to the provisions of this act, and shall forthwith issue a war- rant to take possession of the estate of the debtor. The warrant shall be directed, and the property of the debtor shall be taken thereon, and shall be assigned and distri- buted in the same manner and with similar proceedings to those hereinbefore provided for the taking possession, as- signment, and distribution of the property of the debtor upon his own petition. The order of adjudication of bank- ruptcy shall require the bankrupt forthwith, or within such number of days, not exceeding five after the date of the order or notice thereof, as shall by the order be prescribed, to make and deliver, and transmit by mail, post paid, to the messenger, a schedule of the creditors and an inventory and valuation of his estate in the form and verified in the manner required of a petitioning debtor by section thirteen. If the debtor has failed to appear in person, or by attor- ney, a certified copy of the adjudication shall be forthwith served on him by delivery or publication in the manner hereinbefore provided for the service of the order to show cause ; and if the bankrupt is absent or cannot be found, such schedule and inventory shall be prepared by the messenger and the assignee from the best information they can obtain. If the petitioning creditor shall not appear and proceed on the return day, or adjourned day, the court may, upon the petition of any other creditor, to the re- quired amount, proceed to adjudicate on such petition, with- out requiring a new service or publication of notice to the debtor. OF SUPERSEDING THE BANKRUPT PROCEEDINGS BY ARRANGEMENT. Sec. 43. And be it further enacted, That if at the first meeting of creditors, or at any meeting of creditor to be BANKRUPTCY ACT, AS AMENDED 1875. 473 specially called for that purpose, and of which previous notice shall have been given for such length of time and in such manner as the court may direct, three-fourths in value of the creditors whose claims have been proved shall determine and resolve that it is for the interest of the gen- eral body of the creditors that the estate of the bankrupt should be wound up and settled, and distribution made among the creditors by trustees, under the inspection and direction of a committee of the creditors, it shall be lawful for the creditors to certify and report such resolution to the court, and to nominate one or more trustees to take and hold and distribute the estate, under the direction of such committee. If it shall appear to the court, after hearing the bankrupt and such creditors as may desire to be heard, that the resolution was duly passed and that the interests of the creditors will be promoted thei-eby, it shall confirm the same ; and upon the execution and filing by or on be- half of three-fourths in value of all the creditors whose claims have been proved of a consent that the estate of the bankrupt be wound up and settled by said trustees accord- ing to the terms of such resolution, the bankrupt, or his assignee in bankruptcy, if appointed, as the case may be, shall, under the direction of the court, and under oath, convey, transfer, and deliver all the property and estate of the bankrupt to the said trustee or trustees, who shall, upon such conveyance and transfer, have and hold the same in the same manner, and with the same powers and rights, in all respects, as tl\,e bankrupt would have had or held the same if no proceedings in bankruptcy had been taken, or as the assignee hi bankruptcy would have done had such resolution not been passed ; and such consent and the proceedings thereunder shall be as binding in all re- spects on any creditor whose debt is proveable, who has not signed the same, as if he had signed it, and on any creditor, whose debt, if proveable, is not proved, as if he had proved it; and the court, by order, shall direct all acts and things needful to be done to carry into effect such res- olution of the creditors, and the said trustees shall proceed to wind up and settle the estate under the direction and in- spection of such committee of the creditors, for the equal 40 474 BANKRUPTCY ACT, AS AMENDED 1875. benefit of all such creditors, and the winding up and set- tlement of any estate under the provisions of this section shall be deemed to be proceedings in bankruptcy under this act ; and the said trustees shall have all the rights and powers of assignees in bankruptcy. The court, on the ap- plication of such trustees, shall have power to summon and examine, on oath or otherwise, the bankrupt, and any cred- itor, and any person indebted to the estate, or known or suspected of having any of the estate in his possession, or any other person whose examination may be material or necessary to aid the trustees in the execution of their trust, and to compel the attendance of such persons and the pro- duction of books and papers in the same manner as in other proceedings in bankruptcy under this act; and the bankrupt shall have the like right to apply for and obtain a discharge after the passage of such resolution and the appointment of such trustees as if such resolution had not been passed, and as if all the proceedings had continued in the manner provided in the preceding sections of this act. If the resolution shall not be duly reported, or the consent of the creditors shall not be duly filed, or if, upon its fil- ing, the court shall not think fit to approve thereof, the bankruptcy shall proceed as though no resolution had been passed, and the court may make all necessary orders for re- suming the proceedings. And the period of time which shall have elapsed between the date of the resolution and the date of the order for resuming proceedings shall not be reckoned in calculating periods of time prescribed by this act. COMPOSITION WITH CREDITORS. That in all cases of bankruptcy now pending, or to be hereafter pending, by or against any person, whether an adjudication in bankruptcy shall have been had or not, the creditors of such alleged bankrupt may, at a meeting called under the direction of the court, and upon not less than ten days' notice to each known creditor of the time, place, and purpose of such meeting, such notice to be personal or otherwise, as the court may direct, resolve that a composition proposed by the debtor shall be accepted BANKRUPTCY ACT, AS AMENDED 1875. 475 in satisfaction of the debts due to them from the debtor. And such resolution shall, to be operative, have been passed by a majority in number and three-fourths in value of the creditors of the debtor assembled at such meeting either in person or by proxy, and shall be confirmed by the signatures thereto of the debtor and two-thirds in number and one-half in value of all the creditors of the debtor. And in calculating a majority for the purposes of a com- position under this section, creditors whose debts amount to sums not exceeding fifty dollars shall be reckoned in the majority in value, but not in the majority in number; and the value of the debts of secured creditors above the amount of such security, to be determined by the court, shall, as nearly as circumstances admit, be estimated in the same way. And creditors whose debts are fully secured shall not be entitled to vote upon or to sign such resolution without first relinquishing such security for the benefit of the estate. The debtor, unless prevented by sickness or other cause satisfactory to such meeting, shall be present at the same, and shall answer any inquiries made of him; and he, or, if he is so prevented from being at such meeting, some one in his behalf, shall produce to the meeting a statement showing the whole of his assets and debts, and the names and addresses of the creditors to whom such debts respec- tively are due. Such resolution, together with the statement of the debtor as to his assets and debts, shall be presented to the court ; and the court shall, upon notice to all the creditors of the debtor of not less than five days, and upon hearing, inquire whether such resolution has been passed in the manner directed by this section ; and if satisfied that it has been so passed, it shall, subject to the provisions hereinafter contained, and upon being satisfied that the same is for the best interest of all concerned, cause such resolution to be recorded and statement of assets and debts to be filed ; and until such record and filing shall have taken place, such resolution shall be of no validity. And any creditor of the debtor may inspect such record and statement at all reason- able times. 47 visions of law, and proceedings may be had accordingly; and the time during which such composition shall have been in force shall not, in such case, be computed in cal- culating periods of time prescribed by said act. PENALTIES AGAINST BANKRUPTS. Sec. 44. And be it further enacted, That from and after the passage of this act, if any debtor or bankrupt shall, after the commencement of proceedings in bankruptcy, secrete or conceal any property belonging to his estate, or part with, conceal, or destroy, alter, mutilate, or falsify, or cause to be concealed, destroyed, altered, mutilated, or falsified, any book, deed, document, or writing relating thereto, or remove, or cause to be removed, the same or any part thereof, out of the district, or otherwise dispose of any part thereof, with intent to prevent it from coming into the possession of the assignee in bankruptcy, or to hinder, impede, or delay either of them in recovering or receiving the same, or make any payment, gift, sale, assign- ment, transfer, or conveyance of any property belonging to his estate with the like intent, or spends any part there- of in gaming ; or shall, with intent to defraud, wilfully and fraudulently conceal from his assignee or omit from his schedule any property or effects whatsoever; or if, in case of any person having, to his knowledge or belief, proved a false or fictitious debt against his estate, he shall 478 BANKRUPTCY ACT, AS AMENDED 1875. fail to disclose the same to his assignee within one month after coming to the knowledge or belief thereof, or shall attempt to account for any of his property by fictitious losses or expenses; or shall, within three months before the commencement of proceedings in bankruptcy, under the false color and pretence of carrying on business and dealing in the ordinary course of trade, obtain on credit from any person any goods or chattels with intent to de- fraud ; or shall, with intent to defraud his creditors, with- in. three months next before the commencement of proceed- ings in bankruptcy, pawn, pledge, or dispose of, otherwise than by bona tide transactions in the ordinary way of his trade, any of his goods or chattels which have been obtained oa credit and remain unpaid for, he shall be deemed guilty of a misdemeanor, and upon conviction thereof in any court of the United States, shall be punished by imprison- ment, with or without hard labor, for a term not exceed- ing three years. PENALTIES AGAINST OFFICERS. Sec. 45. And be it further enacted, That if any judge, register, clerk, marshal, messenger, assignee, or any other officer of the several courts of bankruptcy, shall, for any thing done or pretended to be done under this act, or under color of doing any thing thereunder, wilfully demand or take, or appoint or allow any person whatever to take for him or on his account, or for or on account of any other person, or in trust for him or for any other person, any fee, emolument, gratuity, sum of money, or any thing of value whatever, other than is allowed by this act, or which shall be allowed under the authority thereof, such person, when convicted thereof, shall forfeit and pay the sum of not less than three hundred dollars, and not exceeding five hun- dred dollars, and be imprisoned not exceeding three years. Sec. 46. And be it further enacted, That if any person shall forge the signature of a judge, register, or other offi- cer of the court, or shall forge or counterfeit the seal of the court, or knowingly concur in using any such forged or counterfeit signature or seal, for the purpose of authenti- BANKRUPTCY ACT, AS AMENDED 1875. 479 eating any proceeding or document, or shall tender in evi- dence any such proceeding or document with a false or counterfeit signature of any such judge, register, or other officer, or a false or counterfeit seal of the court, subscribed or attached thereto, knowing such signature or seal to be false or counterfeit, any such person shall be guilty of felony, and upon conviction thereof shall be liable to a fine of not less than five hundred dollars, and not more than five thou- sand dollars, and to be imprisoned not exceeding five years, at the discretion of the court. FEES AND COSTS. Sec. 47. And be it furtlier enacted, That in each case there shall be allowed and paid, in addition to the fees of the clerk of the court as now established by law, or as may be established by general order, under the provisions of this act, for fees in bankruptcy, the following fees, which shall be applied to the payment for the services of the registers : For issuing every warrant, two dollars. For each day in which a meeting is held, three dollars. For each order for a dividend, three dollars. For every order substituting an arrangement by trust deed for bankruptcy, two dollars. For every bond with sureties, two dollars. For every application for any meeting in any matter under this act, one dollar. For every day's service while actually employed under a special order of the court, a sum not exceeding five dollars, to be allowed by the court. For taking depositions, the fees now allowed by law. For every discharge when there is no opposition, two dollars. Such fees shall have priority of payment over all other claims out of the estate, and before a warrant issues the petitioner shall deposit with the senior register of the court, or with the clerk, to be delivered to the register, fifty dol- lars as security for the payment thereof; and if there are not sufficient assets for the payment of the fees, the person upon whose petition the warrant is issued shall pay the 480 BANKRUPTCY ACT, AS AMENDED 1875. same, and the court may issue an execution against him to compel payment to the register. Before any dividend is ordered the assignee shall pay out of the estate to the messenger the following fees, and no more: First. For service of warrant, two dollars. Second. For all necessary travel, at the rate of five cents a mile, each way. Third. For each written note to creditor named in the schedule, ten cents. Fourth. For custody of property, publication of notices, and other services, his actual and necessary expenses upon returning the same in specific items, and making oath that they have been actually incurred and paid by him, and are just and reasonable, the same to be taxed or adjusted by the court, and the oath of the messenger shall not be con- clusive as to the necessity of said expenses. For cause shown, and upon hearing thereon, such further allowance may be made as the court, in its discretion, may determine. Tl>e enumeration of the foregoing fees shall not prevent the judges, who shall frame general rules and orders in accordance with the provisions of section ten, from pre- scribing a tariff of fees for all other services of the officers of courts of bankruptcy, or from reducing the fees pre- scribed in this section in classes of cases to be named in their rules and orders. Sec. 48. And be it further enacted, That the word "as- signee" and the word "creditor" shall include the plural also; and the word "messenger" shall include his assistant or assistants, except in the provision for the fees of that officer. The word " marshal" shall include the marshal's deputies, the word "person" shall also include "corpora- tion," and the word "oath" shall include "affirmation." And in all cases in which any particular number of days is prescribed by this act, or shall be mentioned in any rule or order of court or general order which shall at any time be made under this act, for the doing of any act, or for any other purpose, the same shall be reckoned, in the absence of any expression to the contrary, exclusive of the first and BANKRUPTCY ACT, AS AMENDED 1875. 481 inclusive of the last day, unless the last day shall fall on a Sunday, Christmas day, or on any day appointed by the Presdent of the United States as a day of public fast or thanksgiving, or on the Fourth of July, in which case the time shall be reckoned exclusive of that day also. Sec. 49. And be it further enacted, That all the jurisdic- tion, power, and authority conferred upon and vested in the district court of the United States by this act in cases in bankruptcy are hereby conferred upon and vested in the supreme court of the District of Columbia, and in and upon the district courts of the several Territories of the United States, subject to the general superintendence and jurisdiction conferred upon circuit courts by section two of said act, when the bankrupt resides in the said District of Columbia or in either of the said Territories. And in those judicial districts which are not within any organized circuit of the United States the power and jurisdiction of a circuit court in bankruptcy may be exercised by the dis- trict judge. Sec. 50. And be it furher enacted, That this act shall com- mence and take effect as to the appointment of the officers created hereby, and the promulgation of rules and general orders, from and after the date of its approval : Provided, That no petition or other proceeding under this act shall be filed, received, or comnenced before the first day of June, anno Domini eighteen hundred and sixty-seven. That from and after the passage of this act the fees, commissions, charges, and allowances, excepting actual and necessary disbursements, of, and to be made by the officers, agents, marshals, messengers, assignees, and registers in cases of bankruptcy, shall be reduced to one half of the fees, commissions, charges, and allowances heretofore pro- vided for or made in like cases : Provided, That the pre- ceding provision shall be and remain in force until the justices of the Supreme Court of the United States shall make and promulgate new rules and regulations in respect to the matters aforesaid, under the powers conferred upon them by sections ten and forty-seven of said act, and no longer, which duties they shall perform as soon as may be. And said justices shall have power under said sections, by 41 482 BANKRUPTCY ACT, AS AMENDED 1875. general regulations, to simplify and, so far as in their judg- ment will conduce to the benefit of creditors, to consolid- ate the duties of the register, assignee, marshal, and clerk, and to reduce fees, costs, and charges, to the end that pro- lixity, delay, and unnecessary expenses may be avoided. And no register or clerk of court, or any partner or clerk of such register or clerk of court, or any person having any interest with either in any fees or emoluments in bankruptcy, or with whom such register or clerk of court shall have any interest in respect to any matter in bank- ruptcy, shall be of council, solicitor, or attorney, either in or out of court, in any suit or matter pending in bank- ruptcy in either the circuit or district court of his district, or in an appeal therefrom. Nor shall they, or either of them, be executor, administrator, guardian, commissioner, appraiser, divider, or assignee of or upon any estate within the jurisdiction of either of said courts of bankruptcy; nor be interested, directly or indirectly, in the fees or emoluments arising from either of said trusts. That it shall be the duty of the' marshal of each dis- trict, in the month of July of each year, to report to the clerk of the district court of such district, in a tabular form, to be prescribed by the justices of the Supreme Court of the United States, as well as such other or further in- formation as may be required by said justices. First, The number of cases in bankruptcy in which the warrant prescribed in section eleven of said act has come to his hands during the year ending June thirtieth, preceding; Secondly, how many such warrants were returned, with the fees, costs, expenses, and emoluments thereof, respect- ively and separately; Thirdly, the total amount of all other fees costs, expenses, and emoluments, respectively and separately, earned or received by him during such year from or in respect of anv matter in bankruptcy; Fourthly, a summarized statement of such fees, costs, and emoluments, exclusive of actual disburementa in bank- ruptcy receiv. d or earned for such year; Fifthly, a summarized statement of all actual disburse- ments in such cases for such year. BANKRUPTCY ACT, AS AMENDED 1875. 483 And in like manner, every register shall, in the same month and for the same year, make a report to such clerk of — First,. the number of voluntary cases in bankruptcy com- ing before him during said year ; ►Secondly, the amount of assets and liabilities, as nearly as may be, of the bankrupts ; Thirdly, the amount and rate per centum of all dividends declared ; Fourthly, the disposition of all such cases ; Fifthly, the number of compulsory cases in bankruptcy coming before him, in the same way ; Sixthly, the amount of assets and liabilities, as nearly as may be, of such bankrupt ; Seventhly, the disposition of all such cases ; Eighthly, the amounts and rate per centum of all divi- dends declared in such cases ; Ninthly, the total amount of fees, charges, costs, and emoluments of every sort, received or earned by such register during said year in each class of cases above stated. And in like manner, every assignee shall, during said month, make like return to such clerk of — First, the number of voluntary and compulsory cases, respectively and separately, in his charge during said year. Secondly, the amount of assets and liabilities therein, respectively and separately; Thirdly, the total receipts and disbursements therein, respectively and separately ; Fourthly, the amount of dividends paid or declared, and the rate per centum thereof, in each class, respectively and separately ; Fifthly, the total amount of all his fees, charges, and emoluments, of every kind therein, earned or received; Sixthly, the total amount of expenses incurred by him for legal proceedings and counsel fees; Seventhly, the disposition of the cases respectively ; Eightly, a summarized statement of both classes as afore- said. And in like manner, the clerk of said court, in the month 484 BANKRUPTCY ACT, AS AMENDED 1875. of August in each year, shall make up a statement for such year, ending June thirtieth, of — First, all cases in bankruptcy pending at the beginning of the said year ; Secondly, all of such cases disposed of; Thirdly, all dividends declared therein ; Fourthly, the number of reports made from each assignee therein; Fifthly, the disposition of all such cases ; Sixthly, the number of assignees' accounts filed and settled ; Seventhly, whether any marshal, register, or assignee has failed to make and file with such clerk the reports by this act required, and, if any have failed to make such reports, their respective names and residences. And such clerk shall report in respect of all cases begun during said year. And he shall make a classified statement, in tabular form, of all his fees, charges, costs, and emoluments, respect- ively, earned or accrued during said year, giving each head under which the same accrued, and also the sum of all moneys paid into and disbursed out of court in bankruptcy, and the balance in hand or on deposit. And all the statements and reports herein required shall be under oath, and signed by the persons respectively mak- ing the same. And said clerk shall, in the said month of August, trans- mit every such statement and report so filed with him, together with his own statement and report aforesaid, to the Attorney-General of the United States. Any person who shall violate the provisions of this section shall, on motion made, under the direction of the Attorney-General, be by the district court dismissed from his office, and shall be deemed guilty of a misdemeanor, and, on conviction thereof, be punished by a fine of not more than five hundred dollars, or by imprisonment not exceeding one year. That in addition to the officers now authorized to take proof of debts against the estate of a bankrupt, notaries public are hereby authorized to take such proof, in the BANKRUPTCY ACT, AS AMENDED 1875. 485 manner and under the regulations provided by law; such proof to be certified by the notary and attested by his signature and official seal. That all acts and parts of acts inconsistent with the pre- visions of this act be, and same are hereby, repealed. RESUMPTION OF SPECIE PAYMENT. An Act to provide for the resumption of specie payments. Be it enacted by iJie Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury is hereby authorized and re- quired, as rapidly as practicable, to cause to be coined at the mints of the United States, silver coins of the denom- inations of ten, twenty-five, and fifty cents, of standard value, and to issue them in redemption of an equal number and amount of fractional currency of similar denomina- tions, or, at his discretion, he may issue such silver coins through the mints, the sub-treasuries, public depositaries, and post-offices of the United States; and, upon such issue, he is hereby authorized and required to redeem an equal amount of such fractional currency, until the whole amount of such fractional currency outstanding shall be redeemed. Sec. 2. That so much of section three thousand five hundred and twenty-four of the Revised Statutes of the United States as provides for a charge of one-fifth of one per centum for converting standard gold bullion into coin is hereby repealed, and hereafter no charge shall be made for that service. Sec. 3. That section five thousand one hundred and seventy-seven of the Revised Statutes of the United States, limiting the aggregate amount of circulating-notes of na- tional banking-associations, be, and is hereby repealed ; and each existing banking-association may increase its cir- culating-notes in accordance with existing law without re- spect to said aggregate limit; and new banking-associations may be organized in accordance with existing law without respect to said aggregate limit; and the provisions of law for the withdrawal and redistribution of national-bank 430 ACT PROVIDING FOR SPECIE PAYMENTS. 487 currency among the several States and Territories are hereby repealed. And whenever, or so often, as circu- lating-notes shall be issued to any such banking-association, so increasing its capital or circulating notes, or so newly organized as aforesaid, it shall be the duty of the Secretary of the Treasury to redeem the legal-tender United States notes in excess only of three hundred million of dollars, to the amount of eighty per centum of the sum of national- bank notes so issued to any such banking-association as aforesaid, and to continue such redemption as such circu- lating-notes are issued until there shall be outstanding the sum of three hundred million dollars of such legal-tender United States notes, and no more. And on and after the first day of January, Anno Domini eighteen hundred and seventy-nine, the Secretary of the Treasury shall redeem, in coin, the United States legal-tender notes then out- standing on their presentation for redemption, at the office of the assistant treasurer of the United States in the city of New York, in sums of not less than fifty dollars. And to enable the Secretary of the Treasury to prepare and provide for the redemption in this act authorized or re- quired, he is authorized to use any surplus revenues, from time to time, in the Treasury not otherwise appropriated, and to issue, sell, and dispose of, at not less than par, in coin, either of the descriptions of bonds of the United States described in the act of Congress approved July fourteenth, eighteen hundred and seventy, entitled, " An act to authorize the funding of the national debt," with like qualities, privileges, and exemptions, to the extent necessary to carry this act into full effect, and to use the proceeds thereof for the purposes aforesaid. And all pro- visions of law inconsistent with the provisions of frhis act are hereby repealed. Approved, January 14, 1875. GENEVA AND SAN JUAN AWARDS. THE GENEVA AWARD, SEPT. 14, 1872. Decision and award made by the tribunal of arbitration consti- tuted by virtue of the first article of the treaty concluded at Washington, the 8th of May, 1871, between the United States and Great Britain. The United States of America and Her Britannic Majesty having agreed, by article 1 of the treaty concluded and signed at Washington, the 8th of May, 1871, to refer all the claims, "generically known as the Alabama claims," to a tribunal of arbitration, to be composed of five arbitrators, named; one by the President of the United States, one by Her Britannic Majesty, one by His Majesty the King of Italy, one by the President of the Swiss Confederation, one by His Majesty the Emperor of Brazil. — And the President of the United States, Her Britannic Majesty, His Majesty the King of Italy, the President of the Swiss Confederation, and His Majesty the Emperor of Brazil having respectively named their arbitrators, to-wit: The Presi- dent of the United States, Charles Francis Adams, Esq.; Her Britannic Majesty, Sir Alexander James Edmund Cockburn, baronet, a member of Her Majesty's privy council, lord chief justice of England; His Majesty the King of Italy, His Excel- lency Count Frederick Sclopis, of Salerano, a knight of the Order of the Annunciata, minister of state, senator of the King- dom of Italy; the President of the Swiss Confederation, M. James Stiimpfli ; His Majesty the Emperor of Brazil, His Excel- lency Marcos Antonio dAraujo, Viscount d Itajuba, a grandee of the Empire of Brazil, member of the council of His Majesty the Emperor of Brazil, and his envoy extraordinary and minister plenipotentiary in France. — And the five arbitrators above named having assembled at Geneva (in Switzerland), in one of the chambers of the Hotel de Ville, on the 15th of December, 1871, in conformity with the terms of the second article of the Treaty of Washington, of the 8th of May of that year, and having pro- 488 GENEVA AND SAN JUAN AWARDS. 489 ceeded to the inspection and verification of their respective powers, which were found duly authenticated, the tribunal of arbitration was declared duly organized. The agents named by each of the high contracting parties, by virtue of the same article II, to-wit: For the United States of America, John C. Bancroft Davis, Esq. ; and for Her Britannic Majesty, Charles Stuart Aubrey, Lord Tenterden, a peer of the United Kingdom, companion of the Most Honorable Order of the Bath, assistant under secretary of state of foreign affairs, whose powers were found likewise duly authenticated. — then delivered to each of the arbitrators the printed case prepared by each of the two parties, accompanied by the documents, the official correspondence, and other evidence on which each relied, in conformity with the terms of the third article of the said treaty. In virtue of the decision made by the tribunal at its first session, the counter case and additional documents, correspond- ence, and evidence referred to in article IV of the said treaty were delivered by the respective agents of the two parties to the secretary of the tribunal on the 15th of April, 1872, at the cham- ber of conference, at the Hotel de Ville of Geneva. The tribunal, in accordance with the vote of adjournment passed at their second session, held on the 16th of December, 1871, reassembled at Geneva on the 15th of June, 1872, and the agent of each of the parties duly delivered to each of the arbitra- tors, and to the agent of the other party, the printed argument referred to in article V of the said treaty. The tribunal having since fully taken into their consideration the treaty, and also the cases, counter cases, documents, evi- dence, and arguments, and likewise all other communications made to them by the two parties during the progress of their sittings, and having impartially and carefully examined the same, has arrived at the decision embodied in the present award. Whereas, having regard to the sixth and seventh articles of the Baid treaty, the arbitrators are bound, under the terms of the said sixth article, " in deciding the matters submitted to them, to be governed by the three rules therein specified, and by such principles of international law, not inconsistent therewith, a9 the arbitrators shall determine to have been applicable to the case;"' And whereas the "due diligence" referred to in the first and third of the said rules ought to be exercised by neutral Govern- ments in exact proportion to the risks to which either of the bel- ligerents may be exposed, from a failure to fulfill the obligations of neutrality on their part ; And whereas the circumstances out of which the facts consti- 490 GENEVA AND SAN JUAN AWARDS. tuting the subject matter of the present controversy arose, were of a nature to call for the exercise on the part of Her Britannic Majesty's Government of all possible solicitude for the observ- ance of the rights and the duties involved in the proclamation of neutrality issued by Her Majesty on the loth day of May, 1861 ; And whereas the effects of a violation of neutrality committed by means of the construction, equipment, and armament of a vessel are not done away with by any commission which the Government of the belligerent power, benefited by the violation of neutrality, may afterward have granted to that vessel; and the ultimate step, by which the offense is completed, can not be admissible as a ground for the absolution of the offender, nor can the consummation of the fraud become the means of establishing his innocence; And whereas the privilege of exterritoriality accorded to ves-' sels of war has been admitted into the law of nations, not as an absolute right, but solely as a proceeding founded on the prin- ciple of courtesy and mutual deference between different nations, and therefore can never be appealed to for the protection of acts done in violation of neutrality; And whereas the absence of a previous notice can not be re- garded as a failure in any consideration required by the law of nations, in those cases in which a vessel carries with it its own condemnation; And whereas in order to impart to any supplies of coal a character inconsistent with the second rule, prohibiting the use of neutral ports or waters as a base of naval operations for a belligerent, it is necessary that the said supplies should be con- nected with special circumstances of time, of persons, or of place, which may combine to give them such character; And whereas, with respect to the vessel called the 'Alabama," it clearly results from all the facts relative to the construction of the ship at first designated by the number "290" in the port of Liverpool, and its equipment and armament in the vicinity of Terceira, through the agency of the vessels called the " Agrippi- na" and the "Bahama," dispatched from Great Britain to that end, that the British Government failed to use due diligence in the performance of its neutral obligations ; and especially that it omitted, notwithstanding the warnings and official representa- tions made by the diplomatic agents of the United States during the construction of the said number "290," to take in due time any effective measures of prevention, and that those orders which it did give at last, for the detention of the vessel, were issued so late that their execution was not practicable; And whereas, after the escape of that vessel, the measures taken for its pursuit and arrest were so imperfect as to lead to GENEVA AND SAN JEAN AWARDS. 491 no result, and therefore can not be considered sufficient to release Great Britain from the responsibility already incurred; And whereas, in despite of the violations of the neutrality of Great Britain committed by the "290," this same vessel, later known as the Confederate cruiser Alabama, was on several occa- sions freely admitted into the ports of colonies of Great Britain, instead of 'being proceeded against as it ought to have been in any and every port within British jurisdiction in which it might have been found ; And whereas the Government of Her Britannic Majesty can not justify itself for a failure in due diligence on the plea of in- sufficiency of the legal means of action which it possessed. Four of the arbitrators, for the reasons above assigned, and the fifth for reasons separately assigned by him, are of opinion that Great Britain has in this case failed, by omission, to fulfill the duties prescribed in the first and the third of the rules estab- lished by the sixth article of the treaty of Washington. And whereas, with respect to the vessel called the " Florida," it results from all the facts relative to the construction of the "Oreto" in the port of Liverpool, and to its issue therefrom, which facts failed to induce the authorities in Great Britain to resort to measures: adequate to prevent the violation of the neu- trality of that nation, notwithstanding the warnings and repeated representations of the agents of the United States, that Her Ma- jesty's Government has failed to use due diligence to fulfill the duties of neutrality ; And whereas it likewise results from all the facts relative to the stay of the Oreto at Nassau, to her issue from that port, to her enlistment of men, to her supplies, and to her armament, with the co-operation of the British vessel ''Prince Alfred," at Green Bay, that there was negligence on the part of the British colonial authorities; And whereas, notwithstanding the violation of the neutrality of Great Britain committed by the Oreto, this same vessel, later known as the Confederate cruiser "Florida," was, nevertheless, on several occasions, freely admitted into the ports of British colonies ; And whereas the judicial acquittal of the Oreto at Nassau can not relieve Great Britain from the responsibility incurred by her under the principles of international law; nor can the fact of the entry of the Florida into the Confederate port of Mobile, and of its stay there during four months, extinguish the responsibility previously to that time incurred by Great Britain. For these reasons, the tribunal, by a majority of four voices to one, is of opinion, that Gi-eat Britain has in this case failed, by omission, to fulfill the duties prescribed in the first, in the 492 GENEVA AND SAN JUAN AWARDS. second, and in the third of the rules established by article VI of the treaty of Washington. And whereas, with respect to the vessel called the " Shenan- doah," it results from all the facts relative to the departure from London of the merchant vessel the "Sea King," and to the trans- formation of that ship into a Confederate cruiser under the name of the "Shenandoah," near the island of Madeira, that the Gov- ernment of Her Britannic Majesty is not chargeable with any failure, down to that date, in the use of due diligence to fulfill the duties of neutrality ; But whereas it results from the facts connected with the stay of the Shenandoah at Melbourne, and especially with the aug- mentation which the British Government itself admits to have been clandestinely effected of her force, by the enlistment of men within that port, that there was negligence on the part of the authorities at that place ; For these reasons, the tribunal is unanimously of opinion, that Great Britain has not failed, by any act or omission, "to fulfill any of the duties prescribed by the three rules of article VI in the treaty of Washington, or by the principles of international law not inconsistent therewith," in respect to the vessel called the Shenandoah, during the period of time anterior to her entry into the port of Melbourne ; And, by a majority of three to two voices, the tribunal decides that Great Britain has failed, by omission, to fulfill the duties prescribed by the second and third of the rules aforesaid, in the case of this same vessel, from and after her entry into Hob- son's Bay, and is therefore responsible for all acts committed by that vessel after her departure from Melbourne, on the 18th day of February, 1865. And so far as relates to the vessels called the "Tuscaloosa" (tender to the Alabama), the "Clarence," the "Tacony," and the "Archer" (tenders to the Florida), the tribunal is unanimously of opinion, that such tenders or auxiliary vessels, being properly regarded as accessories, must necessarily follow the lot of their principals, and be submitted to the same decision which applies to them respectively. And so far as relates to the vessel called "Retribution," tho tribunal, by a majority of three to two voices, is of opinion, that Great Britain has not failed, by any act or omission, to fulfill any of the duties prescribed by the three rules of article VI in the treaty of Washington, or by the principles of international law not inconsistent therewith. And so far as relates to the vessels called the "Georgia," the "Sumter," the "Nashville," the "Tallahassee," and the "Chicka- mauga," respectively, the tribunal is unanimously of opinion, GENEVA AND SAN JUAN AWAKDS. 493 that Great Britain has not failed, by any act or omission, to fulfill any of the duties prescribed by the three rules of article VI in the treaty of Washington, or by the principles of inter- national law not inconsistent therewith. And so far as relates to the vessels called the "Sallie," the "Jefferson Davis," the "Music," the "Boston," and the "V. H. Joy," respectively, the tribunal is unanimously of opinion, that they ought to be excluded from consideration for want of evi- dence. And whereas, so far as relates to the particulars of the indem- nity claimed by the United States, the costs of pursuit of the Confederate cruisers are not, in the judgment of the tribunal, properly distinguishable from the general expenses of the war carried on by the United States. The tribunal is, therefore, of opinion, by a majority of three to two voices, that there is no ground for awarding to the United States any sum by way of indemnity under this head. And whereas prospective earnings can not properly be made the subject of compensation, inasmuch as they depend in their nature upon future and uncertain contingencies, the tribunal is unanimously of opinion that there is no ground for awarding to the United States any sum by way of indemnity under this head. And whereas, in order to arrive at an equitable compensation for the damages which have been sustained, it is necessary to set aside all double claims for the same losses, and all claims for "gross freights," so far as they exceed "net freights;" And whereas it is just and reasonable to allow interest at a reasonable rate ; And whereas, in accordance with the spirit and letter of the treaty of Washington, it is preferable to adopt the form of adju- dication of a sum in gross, rather than to refer the subject of compensation for further discussion and deliberation to a board of assessors, as provided by article X of the said treaty. The tribunal, making use of the authority conferred upon it by article VII of the said treaty, by a majority of four voices to one, awards to the United States a sum of $15,500,000 in gold, as the indemnity to be paid by Great Britain to the United States, for the satisfaction of all the claims referred to the consideration of the tribunal, conformably to the provisions contained in article VII of the aforesaid treaty. And, in accordance with the terms of article XI of the said treaty, the tribunal declares that " all the claims referred to in the treaty as submitted to the tribunal are hereby fully, per- fectly, and finally settled." Furthermore it declares, that " each and every one of the said 494 GENEVA AND SAN JUAN AWARDS. claims, whether the same may or may not have heen presented to the notice of, or made, preferred, or laid before the tribunal, shall henceforth be considered and treated as finally settled, barred, and inadmissible." In testimony whereof this present decision and award has been made in duplicate, and signed by the arbitrators who have given their assent thereto, the whole being in exact conformity with the provisions of article VII of the said treaty of Wash- ington. Made and concluded at the Hotel de Ville of Geneva, in Swit- zerland, the 14th day of the month of September, in the year of our Lord one thousand eight hundred and seventy-two. Charles Francis Adams. Frederick Sclopis. Stampfli. V'lCOMPTE d'ItAJUBA. Under the act approved June 23, 1874, creating a " Court of Commissioners of Alabama Claims," for the distribution of the award, its jurisdiction is thus defined in sections 11 and 12: Sec 11. That it shall be the duty of said court to receive and examine all claims admissible under this act that mny be pre- sented to it, directly resulting from damage caused by the so-called insurgent cruisers "Alabama," "Florida," and their tenders, and also all claims admissible under this act directly resulting from damage caused by the so-called insurgent cruiser "Shenan- doah" after her departure from Melbourne on the eighteenth day of February, eighteen hundred and sixty-five, and to decide upon the amount and validity of such claims, in conformity with the provisions hereinafter contained, and according to the principles of law and the merits of the several cases. All claims shall be verified by oath of the claimant, and filed in said court within six months next after the organization thereof, as provided in section eight of this act; and no claim shall be received, docket- ed, or considered that shall have not been so filed within the time aforesaid ; but every such unrepresented claim shall be deemed and held to be finally and conclusively waived and barred. Sec. 12. That no claim shall be admissible or allowed by said court for any loss or damage for or in respect to which the party injured, his assignees or legal representative, shall have received compensation or indemnity from any insurance company, in- surer or otherwise; but if such compensation or indemnity so received shall not have been equal to the loss or damage so actu- ally suffered, allowance may be made for the difference. And in no case shall any claim be admitted or allowed for or in respect GENEVA AND SAN JUAN AWARDS. 495 to unearned freights, gross freights, prospective profits, freights, gains, or advantages, or for Wages of officers or seamen for a longer time than one year next after the breaking up of a voyage by the acts aforesaid. And no claim shall be admissible or allowed by said court by or in behalf of any insurance company or insurer, either in its or his own right, or as assignee, or otherwise, in the right of a person or party insured as aforesaid, unless such claimant shall show, to the satisfaction of said court, that during the late rebellion the sum of its or his losses, in respect to its or his war risks, exceeded the sum of its or his premiums or other gains upon or in respect to such war risks; and in case of any such allowance, the same shall not be greater than such excess of loss. And no claim shall be admissible or allowed by said court arising in favor of any insurance company not lawfully existing at the time of the loss under the laws of some one of the United States. And no claim shall be admis- sible or allowed by said court arising in favor of any person not entitled at the time of his loss to the protection of the United States in the premises, nor arising in favor of any person who did not at all times during the late rebellion bear true allegiance to the United States. Provision is made for retaining in the Treasury, as a special fund, subject to future action, the amount which may be undis- posed of under this act. And if the sum of all the judgments rendered by the court, together with interest, should exceed the amount of the award, provision is made for ratable reductions of the judgment claims. THE SAN JUAN BOUNDARY AWARD. "We, William, by the grace of God, German Emperor, King of Prussia, etc., etc , etc., After examination of the treaty concluded at Washington on the 6th of May, 1871, between the governments of Her Britannic Majesty and of the United States of America, according to which the said governments have submitted to our arbitrament the question at issue between them, whether the boundary line which, according to the treaty of Washington of June 15, 1846, after being carried westward along the forty-ninth parallel of northern latitude to the middle of the channel which separates the continent from Vancouver's Island is thence to be drawn southerly through the middle of the said channel and of the Fuca Straits to the Pacific Ocean, should be drawn through the Rosario Channel, as the Government of Her Britannic Majesty 496 GENEVA AND SAN JUAN AWARDS. claims, or through the Haro Channel, as the Government of the United States claims; to the end that we may finally and without appeal decide which of these claims is most in accordance with the true interpretation of the treaty of June 15, 1846. After hearing the report made to us by the experts and jurists upon the contents of the interchanged memorials and their appendices, — Have decreed the following award : Most in accordance with the true interpretations of the treaty concluded on the 15th of June, 1846, between the governments of Her Britannic Majesty and of the United States of America, is the claim of the Government of the United States that the boundary line between the territories of Her Britannic Majesty and the United States should be drawn through the Haro Channel. Authenticated by our autographic signature and the impres- sion of the imperial green seal. Given at Berlin, October the 21st, 1872. [l. s] William. POLAND'S GAG LAW. An Act conferring jurisdiction upon the criminal court of the District of Columbia, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the criminal court of the District of Columbia shall have jurisdiction of all crimes and misdemeanors committed in said District not lawfully triable in any other court, and which are required by law to be prosecuted by indictment or information. Sec. 2. That the provisions of the thirty-third section of the judiciary act of seventeen hundred and eighty-nine shall apply to courts created by act of Congress in the District of Columbia. Approved, June 22, 1874. CIVIL RIGHTS BILL OF 1875. Section 1. That all the persons within the jurisdiction of the United States shall be entitled to the full and equal enjoyment of the accommodations, advantages, facilities, and privileges of insurances, public conveyances on land and water, theatres, and other places of public amusement, subject only to the conditions and limitations established by law, and applicable alike to the citizens of every race and color, regardless of any previous con- dition of servitude. Sec. 2. That any person who shall violate the foregoing section by denying to any citizen, except for reasons by law applicable to the citizens of every race and color, and regardless of any previous condition of servitude, the full enjoyment of any of the accommodations, advantages, facilities, or privileges in said sec- tion enumerated, or by aiding or inciting, shall for every such offense forfeit and pay the sum of five hundred dollars to the person aggrieved thereby, to be recovered in an action of debt, with full costs, and shall also, for every such offense, be deemed guilty of a misdemeanor, and upon conviction thereof be fined not less than five hundred nor more than one thousand dol- lars, or shall be imprisoned not less than thirty days nor more than one year; provided that all persons may elect to sue for the penalty aforesaid, or to proceed under their rights at com- mon law and by State statutes, and having so elected to proceed in the one mode or the other: their right to proceed in the other jurisdiction shall be barred; but this proviso shall not apply to criminal proceedings either under this act or the crimi- nal law of any State : and provided further that the judgment for the penalty in favor of the party aggrieved, or a judgment upon an indictment, shall be a bar to either prosecution respectively. Sec. 3. That the District and Circuit Courts of the United States shall have, exclusively of the courts of the several States, cognizance of all the crimes and offenses against and violations of the provisions of this act, and actions for the penalty given by the preceding section, may be prosecuted in a Territorial district or circuit court of the United States wherever the dependent may be found, without regard to the other party ; and the district 42 497 498 CIVIL EIGHTS BILL. attorneys, marshals, and deputy marshals of the United States, and commissioners appointed by the circuit and territorial courts of the United States, with powers of arresting and impris- oning or bailing offenders against the law of the United States, are hereby especially authorized and required to institute pro- ceedings against every person who shall violate the provisions of this act, and cause him to be arrested and imprisoned, or bailed, as the case may be, for trial before such eourt of the United States or Territorial court as by law has cognizance of the offense, except in respect of the right of action accruing to the person aggrieved, and such district attorney shall cause such proceedings to be prosecuted to their termination, as in other cases, provided nothing contained in this section shall be con- strued to deny or defeat any right of civil action accruing to any person, whether by reason of this act or otherwise; and any dis- trict attorney who shall willfully fail to institute and prosecute the proceedings herein referred to shall for every offense forfeit and pay the sum of five hundred dollars to the party aggrieved thereby, to be recovered by an action of debt, with costs, and shall on conviction thereof be deemed guilty of a misdemeanor, and be fined not less than one thousand nor more than five thou- sand dollars; and provided further that a judgment for the penalty in favor of the party aggrieved against any such district attorney, or a judgment ujion an indictment against any such district attorney, shall be a bar to either prosecution respec- tively. Sec. 4. That no citizen, possessing all other qualifications which are or may be prescribed by law, shall be disqualified for. the service of a grand or petit juror in any court of the United States, or of any State, on account of race, color, or previous condition of servitude ; and any officer or other person charged with any duty of the selection or summoning of jurors, who shall exclude or fail to summon any citizen for the cause aforesaid, shall, on conviction thereof, be deemed guilty of a misdemeanor and be fined not more than five thousand dollars. Sec. 5. That all cases arising under the provisions of this act in the courts of the United States shall be reviewable by the Supreme Court of the United States, without regard to the sum in controversy, under the same provisions and regulations as are now provided by law for review of other causes in said court. PARLIAMENTARY RULES FOR THE GOVERNMENT OF PUBLIC ASSEMBLIES. A knowledge of the rules which regulate the formation and order of business in public assemblies, is essential to every well informed citizen. Every citizen is obliged, at some time, to take part in the primary assemblies of the people. These are constantly held, not merely for political purposes, but for those of business — commercial, literary, benevolent, or relig- ious. In addition to these primary assemblies, there are vari- ous and numerous organized associations, with some one or more of Avhich almost every citizen is connected. The rules for the transaction of business in the assemblies, or associations, are substantially the same in all of them, the most important of which are substantially as follows: ORGANIZATION. 1. In regularly organized bodies, such as Congress, the State Legislature, religious, political, or other associations, the consti- tution under which they act usually designates the title of their presiding officer, defines his duties, and provides for the mode of his appointment. 2. When a primary assembly of the people, or of any part of them, is called together for any purpose, the first thing to be done is to choose a presiding officer, usually designated as chair- man. 3. At the proper time some one rises, and moves that A. B. be appointed chairman of the meeting. When this is seconded the person making the motion puts the question, and if it be carried, A. B. takes the chair as presiding officer. 4. Regularly every public assembly should have a secretary, who is chosen in such manner as the body may direct. 5. The assembly may appoint such other officers as is deemed expedient ; and on important occasions there are usually ap- pointed several vice-presidents and additional secretaries. 499 500 PARLIAMENTARY RULES. 6. In deliberate bodies composed of delegates, it is usual to effect a primary organization as above; then appoint a commit- tee on "permanent organization," who nominate permanent officers for the assembly ; and a committee on " credentials," who prepare a list of those entitled to take part in the proceed- ings. 7. Immediately before or after (usually after) the permanent organization there is appointed committees on order of business, resolutions, address, and such others as the case may require. DUTIES OF OFFICERS. 8. The presiding officer opens each sitting of the body by taking the chair and calling the members to order ; he an- nounces the business in order ; receives all communications, messages, motions, and propositions ; puts to vote all questions coming before the body for their decision ; and enforces the rules of order. He may read sitting, but should rise to state a motion or put a question. 9. The secretartj keeps a record of the proceedings of the body ; reads all papers as ordered ; calls the roll of members, and records their vote during a call for the ayes and nays; no- tifies committees of their appointment, and the business referred to them ; and takes charge of all papers and documents belong- ing to the assembly. 10. The vice-president takes the chair in the absence of the presiding officer, or when he leaves the chair to take part in the proceedings of the meeting. 11. When other officers are chosen their duties are set forth in the resolution appointing them, or in the by-laws of the asso- ciation. ORDER. 12. In all assemblies any member may at any time rise to a point of order. He must distinctly state his question or objec- tion, which the presiding officer will decide. 13. Any member dissatisfied with the ruling of the chair may appeal to the assembly; and the presiding officer may call upon the house to sustain him in preserving order. The decision of the meeting is final. 14. Every member must treat every other member with re- spect and decorum ; and especially must he acknowledge the dignity of the body at large, and of the officers thereof. 15. The chairman of an .assembly can not regularly speak to any thing but a point of order, or a question of fact. 16. In general the chairman has his own vote no more, but in primary meetings he is usually entitled to the casting vote, PARLIAMENTARY RULES. 501 17. If two persons rise to speak together, the chairman de- termines which sH«ll have precedence; it may, however, be re- ferred to the house. 18. A person speaking can not regularly mention another member of the assembly by name. He must describe him as " the gentleman Avho has just sat down," " the gentleman on the other side of the question," etc. 19. When a person rises to speak, he must address the pre- siding officer, who should call him by name, that the assembly may know who he is. 20. The person speaking should confine himself to the ques- tion under debate, and avoid personality. If he transgress the rules of order, he may be called to order by the presiding officer, or any member. 21. No one should be interrupted while speaking, except he be out of order, or to ask, or to make an explanation. 22. A speaker may allow others to ask questions or make ex- planations ; but if he yield the floor, he can not claim it again as his right. ORDER OF BUSINESS. 23. All business should be presented by a motion — and in writing, if so required— the motion to be made by one member and seconded by another. 24. A question is not to be discussed until it is moved, sec- onded, and distinctly stated by the presiding officer. 25. A question before the meeting can not be withdrawn, ex- cept by unanimous consent. 26. A motion should contain but one distinct proposition, or question. If it contains more than one, it may be divided at the request of any member, and the questions acted on separ- ately. 27. A motion before the meeting must be put to vote, unless withdrawn, laid on the table, or postponed. 28. A motion lost should not be renewed at the same meet- ing, unless under circumstances of peculiar necessity. 29. While a motion is under debate, no other motion can be allowed, except THE PRIVILEGED QUESTIONS. 1. To adjourn. 2. To lay on the table. 3. For the previous question. 4. To postpone to a day certain. 5. To commit or amend. 502 PARLIAMENTARY RULES 6. To postpone indefinitely. Which several motions shall have precedence in the order in which they are arranged ; and no motion to postpone to a day certain, to commit, or to postpone indefinitely, being decided, Bhall be again allowed on the same day, and of the same stage of the proposition. 30. Motions to adjourn, to lay on the table, for the previous question, to commit, and to indefinitely postpone, are not de- batable. But when they are modified by some condition of time, place, or purpose, they become debatable, and subject to the rules of other motions. 31. A motion to adjourn is always in order, except while the body is engaged in voting, on another question, or while a mem- ber is speaking. 32. A body may adjourn to specified time. But if no time is mentioned, then it is understood to be adjourned to the time of its next meeting; or if it have no other fixed time for meeting, then an adjournment without date is equivalent to a dissolution. 33. If a meeting votes to adjourn at a specified hour, no vote is requisite when that hour arrives. The chair simply an- nounces that the meeting stands adjourned. 34. By adjournment the condition of things is not changed ; and when the body meet again, every thing is renewed at the point where it was left. 35. Immediate and decisive action, on any question, may be deferred by a vote to lay the resolution pending on the table, whence it can be ordered up when it suits the convenience of the assembly. 36. When an}' question is before the house, any member may move the jireviovs question, which is: "Shall the main question be now put." If it pass, then the main question is to be put immediately, without debate or amendment; but if lost, then the main question is not put, and the discussion goes on. 37. A postponement to a day certain, is used when a propo- sition is made which it is proper to act on — but information is wanted, or something more pressing claims present attention. 38. An indefinite postponement is considered equivalent to a final dismissal of the question. 39. The meeting may decide to take up some particular busi- ness at a special time. That business becomes the order of the da;/, and when the hour specified arrives the chair announces the order of the day and other business is suspended. 40. Questions relating to the rights and privileges of the meet- ing, and of its members, are of primary importance, and for the time take precedence of all other business, and supersede ail other motions, except that of adjournment. PARLIAMENTARY RULES. 503 41. When a question has been decided it is in order for any member who voted with the majority to move at the same or next succeeding sitting of the body for a reconsideration thereof. A question reconsidered is placed again before the body for action. COMMITTEES. 42. All committees shall be appointed by the presiding officer, unless otherwise directed. If voted for by the body it requires a majority (in the absence of any other rule) of all the votes cast to elect. 43. The first one named in the appointment of a committee is, by courtesy, considered the chairman ; but the committee have the right to appoint their own chairman. 44. Any subject in debate, or matter of business, may be re- ferred to a committee, with or without instructions ; the com- mittee to report the result of their investigation to the meeting. 45 The report of a committee is accepted by a vote, which simply acknowledges the service of the committee, and places their report before the meeting for its action. Afterwards, any distinct proposition or recommendation contained in the report is separately acted on, and may be adopted or rejected. 46. A majority of a committee constitutes a quorum for busi- ness, who may meet where they please, but they can not act ex- cept when together ; and nothing can be the report of the com- mittee except what is agreed upon in committee. AMENDMENTS. 47. Amendments may be made to motions by omitting, add- ing, or substituting, words or sentences, and amendments to amendments, are in order. 48. The amendment should be discussed and voted on first, and then the original resolution, as amended. 49. No amendment should be made, which essentially changes the nature or design of the original resolution. 50. But a substitute may be offered for any motion or amend- ment under debate, which may or may not change the design of the motion. 51. It is in order to move an amendment to strike out certain words and insert others; this being rejected, it is in order to move to strike out, and insert a different set of words ; this be- ing rejected, it is in order to move to strike out the same words, and insert nothing ; because each of these is a distinct proposi- tion differing from the others. But it must be recollected, that it is not in order, if the motion to strike out and insert A. is 504 PARLIAMENTARY RULES. carried, to move an amendment to sir ike out A. and insert B. To avoid this dilemma, the mover of B. must give notice, pend- ing the motion to insert A., that he intends to move the inser- tion of B., in which case he will gain the votes of all who pre- fer the amendment B. to the amendment A., in opposition to A. But, after A. is inserted, it is in order to move an amendment by striking out the whole or part of the original paragraph, in- cluding A. ; for this ia essentially a different proposition from that to strike out A. merely. QUORUM. 52. In every constitutionally organized body there must be some number fixed which are sufficient to do business. This number is called a quorum, and is usually designated in the constitution under which the body acts. Sometimes a quorum consists of a definite number of members ; sometimes of two- thirds of all the members ; but usually, as in congress, of a ma- jority of the members. 53. When a quorum is necessary to do business, in general, the chair should not be taken by the presiding officer till that quorum is present. And whenever, in the progress of business, it is observed that a quorum is not present, any member may call for a count of the house ; and a quorum being found want- ing, business must be suspended. . 54. In primary assemblies of the people there is, of course, no number requisite to constitute a quorum, and it frequently happens that a very small number of persons act for a large community. MISCELLANEOUS. 55. The question is first put on the affirmative, and then on the negative side ; till which, it is not a full question ; but in the cases of small matters, such as receiving reports, petitions, read- ing papers, etc., the presiding officer may presume consent un- less some objection be formally made ; which saves the time of taking votes on matters of mere routine. 56. In putting a question the presiding officer declares whether the yeas or nays have it by the sound if he be himself satisfied; if he be not satisfied, or if any member express dissat- isfaction, the body is divided, usually by rising. The ayes first rise, and are counted standing in their places, by the chair or by tellers, as the case may be, then they sit; and the noes rise, and are counted in the same manner. 57. If the result be a tie (unless the chair give the casting vote, or if his vote make the tie) the motion is lost. PARLIAMENTARY RULES. 505 58. A. mistake in the announcement of a vote may be recti- fied after the result is announced. 59. There is precedent that a member may change his vote if it be done before any other business is taken up. 60. Where different numbers are suggested for filling blanks, the highest number, greatest distance, and longest time, are usu- ally voted on first. 61. A rule of order may be suspended, by a vote of the meet- ing, to allow of transacting business which could not otherwise be done. 62. The chair has a right to name any one to act for him* but this substitution doei not extend beyond the first adjourn- ment 43 PAY OF OFFICERS OF THE UNITED STATES. EXECUTIVE DEPARTMENT. President per annum $50,000 Private Secretary " 3,500 Assistant Secretary " 2,500 Executive Clerks " 2,300 Vice-President " 8,000 HEADS OF DEPARTMENTS. Secretary of State per annum S8,000 Secretary of the Treasury " 8,000 Secretary of War " 8,000 Secretary of the Navy " 8,000 Secretary of the Interior " 8,000 Postmaster General " 8,000 Attorney General " 8,000 LEGISLATIVE DEPARTMENT. Speaker of House of Representatives, (mileage, 20 cents per mile,) per annum 88,000 United States Senators, Members of Congress, and Delegates from Territories " 5,000 JUDICIARY (SUPREME COURT OF UNITED STATES). Chief Justice per annum 810,500 Associate Justices, ( eight in number ; court meets 1st Monday in December] " 10,000 MINISTERS AND DIPLOMATIC AGENTS OF THE UNITED STATES IN FOFtEIGN COUNTRIES — ENVOYS EXTRAORDI- NARY AND MINISTERS PLENIPOTENTIARY. Minister to Great Britain per annum 117,500 Minister to Russia " 17,500 Minister to France " 17,500 Minister to Germany " 17,500 Minister to Spain " 12,000 Minister to Austria " 12,000 Minister to Italy " 12,01 Minister to China " 12,000 Minister to Mexico " 12,000 Minister lo Brazil " 12,000 Minister to Japan " 12,000 M mister to Chili " 10,0(0 Minister to Peru " 10.0C0 Minister to Central America " 10,000 506 PAY OF OFFICERS. 507 MINISTERS RESIDENT. Minister in fortugat per Minister in Belgium Minister in Netherlands Minister in Denmark Minister in Sweden and Norway Minister in .Switzerland Minister in Turkey Minister in Venezuela Minister in Ecuador Minister in Argentine Confederation Minister in Hawaiian Islands Minister in Greece Minister in Columbia Minister in Bolivia WAR DEPARTMENT. Secretary of War. per General Adjutant General Assistant Adjutant General Second Assistant Adjutant General Third Assistant Adjutant General Fourth Assistant Adjutant General Chief Clerk Adjutant General's Bureau Inspector General Judge Advocate General Assistant Judge Advocate Quartermaster General Deputy Quartermaster General Assistant Quartermaster Chief Clerk Quartermaster's Bureau Chief of Engineers' Bureau Chief Clerk of Engineers' Bureau Surgeon General '. Assistant Surgeon General Chief Clerk Surgeon General's Bureau Chief of Ordnance Chief Clerk of Ordnance Paymaster General Deputy Paymaster General - Assistant Paymaster General Chief Clerk Paymaster General's Bureau Commissary General of Subsistence Assistant Commissary General Chief Clerk Commissary General's Bureau annum 87,500 " 7,500 " 7,500 << 7,500 " 7,500 •* 7,500 7,500 " 7,500 " 7,500 " 7,500 i< 7,500 " 7,500 •< 7,500 7,500 annum 58,000 " 135500 it 5,500 " 3,500 3,000 a 3,000 " 3,000 2,000 3,500 ft 5,500 3,500 5,500 3,000 3,500 2,000 H 5,500 2,000 5,500 3,500 2,000 II 5,500 2,000 II 3500 << 3,0C0 3,500 2,000 5,500 3,500 II 2,000 GENERAL OFFICERS. Lieutenant General per month 5916 67 Aids-de-camp according to rank. Major General per month $625 00 Brigadier General " 458 33 ADJUTANT GENERAL'S DEPARTMENT. Adjutant General— Brigadier General per month JM58 33 291 67 250 60 208 33 291 67 208 33 Assistant Adjutant General — Colonel. Assistant Adjutant General— Lieutenant Colonel. Assistant Adjutant General — Major Judge Advocate General— Colonel Judge Advocate— Major 508 PAT OF OFFICERS. INSPECTOR GENERAL'S DEPARTMENT . Inspector General— Colonel per month $291 67 Assistant Inspector General— Major *« 208 33 SIGNAL DEPARTMENT. Signal Officer— Colonel per month 8291 67 PAY DEPARTMENT. Paymaster General per month 5291 67 Deputy Paymaster General " 250 50 Paymaster " 208 33 OFFICERS OF THE CORPS OF ENGINEERS, TOPOGRAPHICAL ENGINEERS, AND ORDNANCE DEPARTMENT. Chief of Ordnance— Brigadier General per month $153 83 Colonel " 291 67 Lieutenant Colonel " 250 00 Major " 208 33 Captain " 150 00 First Lieutenant " 125 00 Second Lieutenant " 116 67 OFFICERS OF MOUNTED DRAGOONS, CAVALRY, RIFLEMEN, AN D LIGHT ARTILLERY. Colonel per month 8291 67 Lieutenant Colonel " 250 00 Major " 208 33 Captain «» 166 67 First Lieutenant " 133 33 Second Lieutenant " 125 00 QUARTERMASTER'S DEPARTMENT. Quartermaster General— Brigadier General per month 8458 33 Assistant Quartermaster General— Colonel " 291 61 Deputy Quartermaster General— Lieuteu't Colonel " 250 00 Quartermaster— Major " 208 33 Assistant Quartermaster— Captain " 166 67 SUBSISTENCE DEPARTMENT. Commissary General of Subsistence — Brigadier General per month 8458 33 Assistant Commissary General— Colonel " 291 67 Commissary of Subsistence— Major " 208 33 Commissary of Subsistence— Captain " 150 00 MEDICAL DEPARTMENT. Surgeon General— Brigadier General per month 8458 33 Assistant Surgeon General. Chief Medical Purveyor Assistant Medical Purveyor Surgeons — Majors Assistant Surgeons— Captains Adjutaut Regimental Quartermaster. 291 67 291 67 250 00 208 33 150 00 150 00 PAY OF OFFICERS. 509 OFFICERS OF ARTILLERY AND INFANTRY. Colonel per month 5291 67 Lieutenant Colonel " 250 00 Major " 208 38 Captain " 1*> 00 First LietUenaut " 125 00 Second Lieutenant " H6 07 MONTHLY PAY OF ENLISTED MEN OF THE UNITED STATES ARMY— FIRST ENLISTMENT. COMPAKT. Private— Artillery, Cavalry, and Infantry per month $13 00 Private, 2d class— Engineers and Ordnance ~ " 13 00 Musician— Engineers, Artillery, and Infantry " 13 00 Trumpeter— Cavalry " 13 00 Wagoner— Artillery, Cavalry, and Infantry " 14 00 Artificer— Artillery and Infantry " 15 00 Corporal— Artillery, Cavalry, and Infantry 15 00 Blacksmith and Farrier— Cavalry " 15 00 Saddler— Cavalry " 15 00 Quartermaster Sergeant " 17 00 Sergeant— Artillery, Cavalry, and Infantry " 17 00 Private, 1st Class— Engineers and Ordnance " 17 00 Corporal— Engineers and Ordnance " 20 00 First Sergeant— Artillery, Cavalry and Infantry.... " 22 00 Saddler — Sergeant— Cavalry " 22 00 Sergeant — Engineers and Ordnance " 34 00 REGIMENT. Chief Trumpeter— Cavalry per month $22 00 Principal Musician— Artillery and Infantry " 22 00 Chief Musician— Artillery, Cavalry, and Infantry.. " 60 00 Sergeant Major — Artillery, Cavalry, and Infantry.. " 23 00 Quartermaster Sergeant — Artillery, Cavalry, and Infantry «' 23 00 Sergeant Major and Quartermaster Sergeant— En- gineers " 36 00 Veterinary Surgeon— Senior " 100 00 Veterinary Surgeon— Junior " 75 00 POST. Hospital Matron per month $10 00 Hospital Steward— 1st class " 30 00 Hospital Steward-2d class " 22 00 Hospital Steward— 3d class " 20 00 Ordnance Sergeant " 34 00 Commissary Sergeant " 34 00 N.B.— The pay of enlisted men, excepting the wagoner, artificer, quartermaster sergeant, chief musician, veterinary surgeons, and hospital matron, during first enlistment increases $1 per annum after the second year. First re-enlistment pay is increased $2, and $1 for second, third, and fourth re-enlistment, and is uniform in each. SAPPERS AND MINERS, AND PONTOONIERS. Sergeant per month $34 00 Corporal " 20 00 Private— 1st class " 17 00 Private— 2d class " 13 00 Musician " 13 00 PAY OF THE NAVY OF THE UNITED STATES. PER ANNUM. OFFICERS. 03 a o a O O o $13000 9000 fsoot G0O0 5000 4500 3500 2S00 3000 2400 2600 1400 1800 1200 1100 1000 4400 4400 2800 3200 a50o 3700 4200 2000 2200 1700 1900 5001 4IHII. 3501 300( 2400 2601 200< 2200 1200 1500 1000 1200 800 3000 2800 2300 2000 2200 Lieut. Commanders— 1st lour years of commission Lieutenants — 1st five years of commission 1800 1000 1200 1000 000 Medical aud Pny Inspectors, and Chief Engineers 2400 2800 3200 3000 4000 1800 2000 1400 1000 2000 .' _2d " " " " 2400 " —3d " " " " 2600 " —4th " " " " 2800 3000 Past Assistant Surgeons— 1st five years of commission 1500 1"00 Assistant Surgeons— 1st five years 6f commission 1000 1200 Paymasters — same as Surgeons. Past Assistant Paymasters— same as P. A. Surgeons. Assistant Paymasters— 1st five years of commission... 17(H) 1900 2500 2S00 2100 2700 3000 3500 1200 1200 1300 1100 1600 1800 1400 1600 2000 2300 2100 2700 30110 3500 900 900 1000 1300 1300 1600 32n0 3100 3700 4000 4200 2000 2200 2600 iocio 1200 1600 Professors of Mathematics— 1st five years of commis'n —2d " " " " " " —3d " " " " " " " — after fifteen years 1900 1500 1800 2100 2600 700 700 " —2d " " " " 800 « _3d « « y the banking association offering to surrender circulating notes shall be equal to the amount required for the circulating notes not surrendered by such banking association, and that the amount of bonds in the hands of the Treasurer shall not be diminished be- low the amount required to be kept on deposit with him by this act: And provided, That there shall have been no failure by such association to redeem its circulating notes, and no other violation by such association of the provisions of this act, and that the mar- ket or cash value of the remaining bonds shall not be below the amount required for the circulation issued for the same. Sec. 27. That it shall be unlawful for any officer acting under the provisions of this act to countersign or deliver to any association, or to any other company or person, any circulating notes contem- plated by this act, except as hereinbefore provided, and in accord- ance with the true intent and meaning of this act. Sec. 2tt. That it shall be lawful for any such association to purchase, hold, and convey real estate as follows: First. Such as shall be necessary for its immediate accommoda- tion in the transaction of its business. Second. Such as shall be mortgaged to it in good faith by way of security for debts previously contracted. Third. Such as shall be conveyed to it in satisfaction of debts previously contracted in the course of its dealings. Fourth. Such as it shall purchase at sales under judgments, de- crees, or mortgages held by such association, or shall purchase to secure debts due to said association. Such association shall not purchase or hold real estate in any other case or for any other purpose than as specified in this sec- tion. Nor shall it hold the possession of any real estate under mort- gage, or hold the title and possession of any real estate purchased to secure any debts due to it for a longer ported than five years. 524 H18T0BY OF THE NATIONAL BANKS. Skc. 29. That the total liabilities to any association, of any per- son, or of any company, corporation, or firm for money borrowed, including in the liabilities of a company or firm the liabilities of the several members thereof shall at no time exceed one-tenth part of the amount of the capital stock of such association actually paid in: Provided, That the discount of bona fide bills of exchange drawn against actually existing values, and the discount of com- mercial or business paper actually owned by the person or persons, corporation, or firm negotiating the same shall not be considered as money borrowed. Sec. 30. That every association may take, receive, reserve, and charge on any loan or discount made, or upon any note, bill of ex- change, or other evidences of debt, interest at the rate allowed by the laws of the S:ate or Territory where the bank is located, and no more, except that where by the laws of any State a different rate is limited for banks of issue organized under State laws, the rate so limited shall be allowed for associations organized in any such State under this act. And when no rate is fixed by the laws of the State or Territory, the bank may take, receive, reserve, or charge a rate not exceeding seven per centum, and such interest may be taken in advance, reckoning the days for which the note, bill, or other evidence of debt has to run. And the knowingly taking, receiving, reserving, or charging a rate of interest greater than aforesaid shall be held and adjudged a forfeiture of the en- tire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon. And in case a greater rate of interest has been paid, the person or persons pay- ing the same, or their legal representatives, may recover back, in any action of debt twice the amount of the interest thus paid from the association taking or receiving the same: Provided, That such action is commenced within two years from the time the usurious transaction occurred. But the purchase, discount, or sale of a bona fide bill of exchange, payable at another place than the place of Buch purchase, discount, or sale, at not more than the current rate of exchange for sight drafts, in addition to the interest, shall not be considered as taking or receiving a greater rate of interest. Sec. 31. That every association in the cities hereinafter named shall, at all times, have on hand, in lawful money of the United States, an amount equal to at least twenty-five per centum of the aggregate amount of its Botes in circulation and its deposits; and every other association shall, at all times, have on hand, in lawful money of the United States, an amount equal to at least fifteen per centum of the aggregate amount of its notes in circulation and of its deposits. And whenever the lawful money of any associa- tion in any of the cities hereinafter named shall be below the amount of twenty-five per centum of its circulation and deposits, and whenever the lawful money of any other association shall be below fifteen per centum of its circulation and deposits, such as- HISTORY OF THE NATIONAL BANKS. 525 sociation shall not increase its liabilities by making any n^w loans or discounts, otherwise than by discounting or purchasing bills of exchange payable at sight, nor imike any dividend of its profits until the required proportion between t he aggregate amount of its outstanding notes of circulation and deposits and its lawful money of the United States shall be restored: Provided, That three- fifths of said fifteen per centum may consist of balances due to an as- sociation available for the redemption of its circulating notes from associations approved by the Comptroller of the Currency, organized under this act, in the cities of Saint Louis, Louisville, Chicago, De- troit, Milwaukee, New Orleans, Cincinnati, Cleveland, Pittsburg, Baltimore, Philadelphia, Boston, New York, Albany, Leavenworth, San Francisco, and Washington City: Provided, also, That clearing- house certificates, representing specie or lawful money specially deposited for the purpose of any clearing-house association, shall be deemed to be lawful money in the possession of any association belonging to such clearing-house holding and owning such certifi- cate, and shall be considered to be a part of the lawful money which such association is required to have under the foregoing provisions of this section : Provided, That the cities of Charleston and Kichmond may be added to the list of cities in the national associations, of which other associations may keep three-fifths of their lawful money, whenever, in the opinion of the Comptroller of the Curreucy, the condition of the Southern States will war- rant it. And it shall be competent for the Comptroller of the Currency to notify any association, whose lawful money reserve as aforesaid shall be below the amount to be kept on hand as afore- said, to make good such reserve; and if such association shall fail for thirty days thereafter, so as to make good its reserve of law- ful money of the United States, the Comptroller may, with the concurrence of the Secretary of the Treasury, appoint a receiver to wind up the business of such association, as provided in this act. Sec. 32. That each association organized in any of the cities named in the foregoing section shall select, subject to the appro- val of the Comptroller of the Currency, an association in the city of New York, at whicli it will redeem its circulating notes at par. And each of such associations may keep one-half of its lawful money reserve in cash deposits in the city of New York. And each association, not organized within the cities named in the preceding section, shall select, subject to the approval of the Comp- troller of the Currency, an association in either of the cities named in the preceding section, at which it will redeem its circulating notes at par. And every association formed or existing under the provisions of this act shall take and receive at par, for any debt or liability to said association, any and all notes or bills issued by any association existing under and by virtue of this act. Skc. 35. That no associa'ion shall make any loan or discount on 526 HISTORY OF THE NATIONAL BANK8. the security of the shares of its own capital stock, nor be the pur- ehaser or holder of any such shares, unless such security or pur- chase shall be necessary to prevent loss upon a debt previously contracted in good faith; and stock so purchased or acquired, shall, within six months from the time of its purchase, be sold or dis- posed of at public or private sale, in default of which a receiver may be appointed to close up the business of the association, ac- cording to i he provisions of this act. Sec. 36. That no association shall, at any time, be indebted, or in any way liable, to an amount exceeding its capital stock at such time actually paid in and remaining undiminished by losses or otherwise, except on the following accounts; that is to say: First. On account of its notes of circulation. Second. On account of moneys deposited with, or collected by, such association. Third. On account of bills of exchange or drafts drawn against money actually on deposit to the credit of such association, or due thereto. Fourth. On account of liabilities to its stockholders for dividends and reserved profits. Sec. 37. That no association shall, either directly or indirectly, pledge or hypothecate any of its notes of circulation, for the pur- pose of procuring money to be paid in on its capital stock, or to be used in its banking operations, or otherwise; nor shall any asso- ciation use its circulating notes, or any part thereof, in any man- ner or form, to create or increase its capital stock. Sec. 38. That no association or any member thereof, shall, during the time it shall continue its banking operations, withdraw, or per- mit to be withdrawn, either in forms of dividends or otherwise, any portion of its capital. And if losses shall at any time have been sustained by any such association equal to or exceeding its dividend profits then on hand, no dividend shall be made; and no dividend shall ever be made by any association while it shall con- tinue its banking operations, to an amount greater than its net profits then on hand, deducting therefrom its losses and bad debts. And all debts due to any association on which interest is past due and unpaid for a period of six months, unless the same shall be well secured, and shall be in process of collection, shall be considered bad debt, within the meaning of this act: Provided, That nothing in this section shall prevent the reduction of the capital stock of the association under the thirteenth section of this act. Sec. 39. That no association shall at any time pay out on loans or discounts, or in purchasing drafts or bills of exchange, or in payment of deposits, or in any other mode pay or put in circulation the notes of any bank or banking association which shall not, at any such time, be receivable, at par on deposit and in payment of debts by the association so paying out or circulating such notes, HISTORY OF THE NATIONAL BANKS. 527 nor shall it knowingly pay out or put in circulation any notwi issued by any bank or banking association, which, at the time of such paying out or putting in circulation, is not redeeming its cir- culating notes in lawful money of the United States. Srcc. 41. And in lieu of all existing taxes, every association shall pay to the Treasurer of the United States, in the months of Janu- ary and July, a duty of one-half of one per centum each half year from and after the first day of January, eighteen hundred and sixty-four, upon the average amount of its notes in circulation, and a duty of one-quarter of one per centum each half year upon the average amount of its deposits, and a duty of one quarter of one per centum each half year, as aforesaid, on the average amount cf its capital stock beyond the amount invested in United States bonds. And it shall be the duty of each association, within ten days from the first days of January and July of each year, to make a return under the oath of its president or cashier, to the Treas- urer of the United States, in such form as he may prescribe, of the average amount of its notes in circulation, and of the average amount of its deposits, and of the average amount of its capital stock beyond the amount invested in United States bonds, for the six months next preceding said first days of January and July as aforesaid: Provided, That nothing in this act shall be construed to prevent all the shares in any of the said associations, held by any person or body corporate from being included in the valuation of the personal property of such person or corporation in the assess- ment of taxes imposed by or under State authority at the place where such bank is located, and not elsewhere, but not at a greater rate than is assessed upon other moneyed capital in the hands of individual citizens of such State : Provided further, That the tax so imposed under the laws of any State upon the shares of any of the associations authorized by this act shall not exceed the rate im- posed upon the shares in any of the banks organized under author- ity of the State where such association is located : Provided, also, That nothing in this act shall exempt the real estate of associations from either State, county, or municipal taxes to the same extent, according to its value, as other real estate is taxed. Sec. 42. That any association may go into liquidation and be closed by the vote of its shareholders owning two-thirds of its stock. And whenever such vote shall be taken it shall be the duty of the board of directors to cause notice of this fact to be certified, un- der the seal of the association, by its president or cashier, to the Comptroller of the Currency, and publication thereof to be made for a period of two months in a newspaper, published in the city of New York, and also in a newspaper published in a city or town in which the association is located; and one year after that time the outstanding notes of said association shall be redeemed at the Treasury of the United States, and the said association and th« ■hareholders thereof shall bo discharged from all liabilities therefor 528 HI9T0RT OF TIIE NATIONAL BANKS. Sec. 44. That any bank incorporated by special law, or any banking institution organized under a general law of any State, may, by authority of this act, become a national association under its provisions, by the name prescribed in its organization certifi- cate; and in such case the articles of association and the organi- zation certificate required by this act may be executed by a ma r jority of the directors of the bank or banking institution; and said certificate shall declare that the owners of two-thirds of the capital stock shall have authorized the directors to make such certificate and to change and convert the said bank or banking institution into a national association under this act. And a ma- jority of the directors, after executing said articles of association and organization certificate, shall have power to execute all other papers, and to do whatever may be required to make its organiza- tion perfect and complete as a national association. The shares of any such bank may continue to be for the same amount each as they were before said conversion, and the directors aforesaid may be the directors of the association until others are elected or ap- pointed in accordance with the provisions of this act; and any Siate bank which is a stockholder in any other bank, by authority of State laws, may continue to hold its stock, although either bank, or both, may be organized under and have accepted the provi- sions of this act. When the Comptroller shall give to such asso- ciation a certificate, under his hand and official seal, that the provisions of this act have been complied with, and that it is au- thorized to commence the business of banking under it, the asso- ciation shall have the same powers and privileges, and shall be subject to the same duties, responsibilities and rules, in all respects as are prescribed in this act for other associations organized under it, and shall be held and regarded as an association under this act: Provided, however, That no such association shall have a less capital than the amount prescribed for banking associations un- der this act. Sec. 45. That all associations under this act, when designated for that purpose by the Secretary of the Treasury, shall bo depos- itaries of public money, except receipts from customs, under such regulations as may be prescribed by the Secretary; and they may also be employed as financial agents of the Government. ; and they shall perform all such reasonable duties, as depositaries of public moneys and financial agents of the Government, as maj be re- quired of them. And the Secretary of the Treasury shall .*equire of the associations thus designated satisfactory security, by the deposit of United States bonds and otherwise, for the safe keeping and prompt payment of the public money deposited with them, and for the faithful performance of their duties as financial agents cf the Government : Provided, That every association which shall be selected and designated as receiver or depositary o the pub- lio money, shall take and receive ut par all of the D—,ioual our- HISTORY OF TEE NATIONAL BANKS. 529 rency bills, by whatever association issued, which have been paid in to the Government for internal revenue, or for loans or stocks. Sec. 46. That if any such association shall at any time fail to redeem, in the lawful money of the United States, any of its cir- culating notes, when payment thereof sball be lawfully demanded during (he usual hours of business, at the office of such association, or at its place of redemption aforesaid, the holder may cause the same to be protested, in one package, by a notary public, unless the president or cashier of the association, whose notes are pre- sented for payment, or the president or cashier of the association at the place at which they are redeemable, shall offer to waive de- mand and notice of the protest, and shall, in pursuance of such of- fer, make, sign, and deliver to the party making such demand, an ad- mission in writing, stating the time of the demand, the amount demanded, and the fact of the non-payment thereof; and such notary public, on making such protest, or upon receiving such admission, shall forthwith forward such admission or notice of protest to the Comptroller of the Currency, retaining a copy thereof. And after such default, on examination of the facts by the Comptroller, and notice by him to the association, it shall not be lawful for the association suffering the same to pay out any of its notes, discount any notes or bills, or otherwise prosecute the business of banking, except to receive and safely keep money belonging to it, and to deliver special deposits. Provided, That if satisfactory proof be produced to such notary public, that the payment of any such notes is restrained by order of any court of competent jurisdiction, such notary public shall not protest the same ; and when the holder of such notes shall cause more than one note or package to be protested on the same day, he shall not receive pay for more than one protest. Sec. 56. That all suits and proceedings arising out of the pro- visions of this act, in whicli the United States or its officers or agents shall be parties, shall be conducted by the district attor- neys of the several districts, under the direction and supervision of the Solicitor of the Treasury. Sec. 57. That suits, actions, and proceedings against any asso- ciation under this act, may be had in any circuit, district, or territorial court of the United States held within the district in which such association may be established ; or in any State, county, or municipal court in the county or city in which said association is located, having jurisdiction in similar cases ( : Pro- vided, hoivever, That all proceedings to enjoin the Comptroller un- der this act shall be had in a circuit, district, or territorial court of the United States, held in the district in which the association is located. Sec. 58. That every person who shall mutilate, cut, deface, dis- figure, or perforate with holes, or shall unite or cement together, 45 530 HISTORY OF THE NATIONAL BANES. or do any other thing to any bank bill, draft, note, or other evi- dence of debt, issued by any such association, or shall cause or procure the same to be done, with intent to render such bank bill, draft, note, or other evidence of debt unfit to be reissued by said association, shall, upon conviction, forfeit fifty dollars to the association who shall be injured thereby, to be recovered by ac- tion in any court having jurisdiction. Sec. 61. That it shall be the duty of the Comptroller of the Cur- rency to report annually to Congress at the commencement of its session — First. A summary of the state and condition of every asso- ciation from whom reports have been received the preceding year at the several dates to which such reports refer, with an ab- stract of the whole amount of banking capital returned by them, of the whole amount of their debts and liabilities, the amount of circulating notes outstanding, and the total amount of means and resources, specifying the amount of lawful money held by them at the times of their several returns, and such other informa- tion in relation to said associations as, in his judgment may be useful. Sec. 110. That there shall be levied, collected, and paid a duty of one twenty-fourth of one per centum each month upon the aver- age amount of the deposits of money, subject to payment by check or draft, or represented by certificates of deposit or otherwise, whether payable on demand or at some future day, with any per- son, bank, association, company or corporation engaged in the business of banking; and a duty of one twenty-fourth of one per centum each" month, as aforesaid, upon the average amount of the capital of any bank, association, company or corporation, or per- son engnged in the business of banking, beyond the amount in- vested in United States bonds; and a duty of one-twelfth of one per centum each month upon the average amount of circulation issued by any bank, association, corporation, company or person, including as circulation all certified checks and all notes and other obligations circulated or intended to circulate, or to be used as money, but not including that in the vault of the bank, or re- deemed and on deposit for said bank, and an additional duty of one-sixth of one per centum each month upon the average amount of such circulation, issued as aforesaid, beyond the amount of ninety per centum of the capital of any such bank, association, corporation, company or person, and upon any amount of such circulation beyond the average amount of the circulation that had been issued as aforesaid by any such bank, association, corpora- tion, company or person, for the six months preceding the first day of July, eighteen hundred and sixty-four. And on the first Monday of August next, and of each month thereafter, a true and accurate return of the amount of circulation, of deposit and of capital, as aforesaid, for the previous month, shall be made and HISTORY OF TIIE NATIONAL BANKS. 531 rendered in duplicate by each of such banks, associations, corpo rations, companies or persons, to the assessor of the district in which any such bank, association, corporation or company may be located, or in which such person may reside, with a declaration annexed thereto, and the oath or affirmation of such person, or the president or cashier of such bank, association, corporation or company, in such form and manner as may be prescribed by the Commissioner of Internal Revenue, that the same contains a true and faithful statement of the amount of circulation, deposits, and capital, as aforesaid, subject to duty as aforesaid, and shall trans- mit the duplicate of said return to the Commissioner of Internal Revenue, and within twenty days thereafter shall pay to the said Commissioner of Internal Revenue the duties hereinbefore pre- scribed upon the said amount of circulation, of deposits and of capital, as aforesaid. History of Finances, Loans, Bonds, Treasury notes prior to 1846. Treasury notes of IS 16. Mexican indemnity. Treasury notes of 1847.. Loan of 1817., Bounty land scrip., Texan indemnity stock Treasury notes of 1857. 532 Unclaimed dividends upon debt created prior to 1800, and the principal and interest of t lie outstanding debt cre- ated during the war of 1812, and up to 1S37. The acts of October 12, 1837, (:"> Statutes, 201;) May 21, 1838, ("> Statutes, 22s;) March 31, 1840, (5 Statutes, 370:) Feb- ruary (5, 1841, (a Statutes, -i 1 1 ; > January 31, 1842, (5 Stat- utes, 469;) August 31, 1842, (5 Statutes, 581;) and March 3, IS 13, (5 Statutes, 614; ) authorized t he issue of Treasury notes in various amounts, and with interest at rates named therein, from 1 mill to 6 per centum per annum. The act of July 22, 1846, (9 Statutes, 39;) authorized the issue of Treasury notes in such sums as the exigencies of the Government might require; the amount out- standing at any one time not to exceed $10,1X10,000, to bear Interest at not exceeding 6 per centum per annum, redeemable one year from date. These notes were re- ceivable in payment of all debts due the United States, including customs-duties. A proviso in the civil and diplomatic appropriation act of August lo, 1846, (9 Statutes, 94,) authorized the payment of the principal and interest of the fourth and tilth in- stallments of the Mexican indemnities due April and July, 1814, by the issue of stock, with interest at 5 per centum, payable in live years. The act of January 28, 1S47, (9 Statutes, 118.) authorized the issue of §23,oiio,ooo Treasury notes, with interest at not exceeding i) per centum per annum, or the issue of stock for any portion of the amount, with interest at 6 per centum per annum. Tho Treasury notes under this act were redeemable at the expiration of one or two years, and the interest was to cease at the expiration of sixty days' notice. These notes were receivable in payment of all debts due the United States, including customs-duties. The act of January 28, 1S47, (9 Statutes, lis.) authorized the issue of $23,000,000 Treasury notes, with interest at not exceeding fi per centum per annum, or the issue ot stock for any portion of the amount, with interest at 6 per centum per annum, re-iinbursable after December 31, 1867. Section 14 authorized the conversion of Treas- ury notes under this or any preceding act into like stock, which accounts for the apparent overissue. The 9th section of the act of February 11, 1847, (9 Statutes, 125,) authorized the issue of land warrants to soldiers of the Mexican war, or scrip, at the option of the sol- diers, to bear 6 per centum interest per annum, redeem- able at the pleasure of the Government, by notice from the Treasury Department. Interest ceases July 1, 1849. The act of September 9, ISM, (9 Statutes, 447,) authorized the issue of $lo,ooo,ooo stock, with interest at 5 per cent- um per annum, to the State of Texas, in satisfaction of all claims against the United States arising out of the annexation of the said State. This stock was to be redeemable at the end of fourteen years. The act of December 23, 1857. (11 Statutes, 257,) authorized the issue of $20,000,000 in Treasury notes, $6,000,000 with interest at not exceeding 6 per centum per annum, and Legal Tender Notes, etc., of the Century. Length of loan. 14 2 years 1 year. 6 years. 1 & 2 years 20 years. Indefinite. 14 years. 1 year. When re- deemable. I & 2 years from date. 1 year from date. April and July, 1849. After fiO days' notice Jan. 1, 1868, July 1, 1849. Jan. 1, 1865 60 days' no tice. Rates of interest. 5 and 6 per cent, 1 mill to 6 per cent. 6 per cent. 5 per cent. 6 per cent, 6 per cent per cent. & 5}£ per cent. which sold. Amount au thori/.ed. $10,000,000 00 23,000,000 00 23,000,000 00 10,000,000 III 20,000,000 00 Amount is- sued. 28,207,000 00 5,000,000 00 20,000,000 00 Amount outstanding. 557,665 00 82,575 35 6,000 00 1,250 00 3,400 00 2.000 OC 533 534 HISTORY OF FINANCES, LOANS, BONDS, Loan of 1858.. Loan of I860.. Loan of February, 1861 (1881a.) Treasury Notes of 1861. Oregon war debt., Loan of July and Au- gust, 1801 (1881s.) Old demand notes., Seven-thirties of 1861. the remainder with interest at the lowest rates offered by bidders, but not exceediug 6 per centum per annum. These notes were redeemable at the expiration of one year, and interest was to cease jat the expiration of sixty days' notice after maturity. They were receivable in payment of all debts due the United States, including customs-duties. The act of June 14, 1858, (11 Statutes, 365,) authorized a loan of f20,000,000, with interest at not exceeding 5 per centum per annum, and redeemable any time after January 1, 1874. The act of June 22. 1860, (12 Statutes, 79,) authorized a loan of $21,000,1)00, (to be used in redemption of Treasury notes,) with interest at not exceeding 6 per centum per annum, redeemable in not less than ten nor more than twenty years. The act of February 8, 1861, (12 Statutes, 129,) authorized a loan of 925,000,000, with interest at not exceeding 6 per centum per annum, reimbursable in not less than ten nor more than twenty years from the date of the act. The act of March 2, 1861, (12 Statutes, 178,) authorized a loan of $10,000,000, with interest at not exceeding 6 per centum per annum, redeemable on three months' notice after July 1, 1871, and payable July 1, 1881. If proposals for the loan were not satisfactory, authority was given to issue the whole amount in Treasury notes, with in- terest at not exceeding 6 per centum per annum. The same act gave authority to substitute Treasury notes for the whole or any part of loans authorized at the time of tho passage of this act. These notes were to be received In payment of all debts due the United States, including customs-duties, and were redeemable at any time within two years from the date of the act. The act of March 2, 1861, (12 Statutes, 193,) appropriated $2,800,000 for the payment of expenses incurred by the Territories of Washington and Oregon in the suppres- sion of Indian hostilities in the years 1855 and 1856. Section 4 of the act authorized the payment of these claims in bonds redeemable in twenty years, with in- terest at 6 per centum per annum. The act of July 17, 1861, (12 Statutes, 259), authorized the issue of $250,000,000 bonds, with interest at not exceeding 7 per centum per annum, redeemable after twenty years. The act of August 5, 1861, (12 Statutes, 331,) authorized the issue of bonds, with interest at 6 per centum per annum, payable after twenty years from date, in exchange for 7-30 notes issued under the act of July 17, 1861. None of such bonds were to be issued for a sum less than 8500, and the whole amount of them was not to exceed the whole amount of 7-30 notes issued under the above act of July 17. The amount issued in exchange fur 7-308 was $139,321,200. The act of July 17, 1861, (12 Statutes, 259,) authorized the issue of $50,000,000 Treasury notes, not bearing interest, of a less denomination than fifty dollars and not less than ten dollars, and payable on demand by the assist- ant treasurers at Philadelphia, New York, or Boston. Tho act of August 2, 1861, ( 12 Statutes, 313,) authorized the issue of these notes in denominations of five dollars ; it also added the assistant treasurer at Saint Louis and the designated depositary at Cincinnati to the places where these notes were made payable. The act of Feb- ruary 12, 1862, (12 Statutes, 338,) iucreased the amount of demand notes authorized $10,000,000. The act of July 17, 1861, (12 Statutes, 259,) authorized a LEGAL TENDER NOTES, ETC., OF THE CENTURY. 535 Length of loan. When re deemable. Rates of interest. Price at which Bold. 5 per cent. Par. 5 per cent. Par. 6 per cent. Par. 6 per cent. Par. per ceDt. Par. G per cent. Par. 6 per cent. Par. None. Par. 7 3-10 p. c. Par. Amount au- thorized. Amonnt is sued. Amount outstanding. 15 years. 10 years. 10 or 20 yrs 2 years. 60 days. 20 years. 20 years. Jan. 1, 1874. Jan. 1, 1871. Jan. 1, 1881. 2 yrs. after date. fiOdays after date. July 1, 1881. July 1, 1881 $20,000,000 00 21,000,000 00 25,000,900 00 22,46^,100 00 12,896,3511 08 22*468,100 00 12,896,350 00 2,SOO,000 00 250,0u0,000 00 120.000,000 00 7,022,000 00 18,415,000 00 35,364,450 00 35,364,450 00 $394,000 000 10,000 00 18,415,000 00 3,150 00 3,150 00 1,090,850 00 50.000,000 00 139,321,200 00 945,000 00 189,321,350 00 On demand 60,000,000 00 60,000,000 00 76.732 80 3 years. Aug. 19 and Oct. 1, 1864. 140,094,750 00 140,094,750 00 19,200 00 536 HISTORY OF FINANCES, LOANS, BONDS, Five-twenties of 1862... Legal tender notes. Temporary loan. Certificates of indebt- edness. Fractional currency... loan of $250,000,000, part of which was to be in Treasury notes, with interest at 7 3-10 per centum per annum, payable three years after date. The act of February 25, 1S62, (12 Statutes, 345, ) authorized a loan of $500,000,000, for the purpose of funding the Treasury notes and floating debt of the United States, and the issue of bonds therefor, with interest at 6 per centum per annum. These bonds were redeemable after five and payable twenty years from date. The act of March 3, 1864, (13 Statutes, 13,) authorized an addi- tional issue of $11, 000,000 of bonds to persons who sub- scribed for the loan on or before January 21, 18m. The act of January 28, 1865, (13 Statutes, 425,; authorized an additional issue of $4,000,000 of these bonds and their sale in the United States or Europe. The act of February 25, 1862, (12 Statutes, 345,) authorized the issue of $150,000,000 United States notes, not bearing interest, payable to bearer, at the Treasury of the Unit- ed States, and of such denominations, not less than five dollars, as the Secretary of the Treasury might deem expedient, $5u,ooo,000 to be in lieu of demand notes au- thorized by the act of July 17, 1861,— these notes to be a legal tender. The act of July 11, 1862, (12 Statutes, 532,) authorized an additional issue of $150,000,000 United States Treasury notes, of such denominations as the Secretary of the Treasury might deem expedient ; but no such note should be for a fractional part of a dollar, and not more than 835,000,000 of a lower denomination than five dollars ;— these notes to be a legal tender. The act of March 3, 1863, (12 Statutes, 710,) authorized an additional issue of 8150,000,000 United States notes, pay- able to bearer, of such denominations, not less than one dollar, as the Secretary of the Treasury might prescribe; which notes were made a legal tender. The same act limited the time at which Treasury notes might be exchanged for United States bonds to July 1, 1863. The amount of notes authorized by this act were to be in lieu of {100,000,000 authorized by the resolution of Janu- ary 17, 1S63, (12 Statutes. 822.) The act of February 25, 1862, (12 Statutes, 346.) authorized temporary loan deposits of 926,000,000 for not less than thirty days, with interest at 5 per centum per annum, payable after ten days' notice. The act of March 17, 1862, (12 Statutes, 370,) authorized the increase of tem- porary loan deposits to $50,000,000. The act of July 11, 1862. (12 Statutes, 532,) authorized a further increase of temporary loan deposits to $100,000,000. The act of June 30, 1864, (13 Statutes, 218,) authorized a further increase of temporary loan deposits to not exceeding $150,000 000, and an increase of the rate of interest to not exceeding 6 per centum per annum, or a decrease of the rate of in- terest on ten days' notice, as the public interest might require. The act of March 1, 1862, (12 Statutes, 352,) authorized the issue of certificates of indebtedness to public creditors who might elect to receive them, to bear interest at the rate of 6 per centum per annum, and payable one year from date, or earlier, at the option of the Government. The act of May 17, 1862, (12 Statutes, 370,) authorized the issue of these certificates in payment of disbursing Officers' checks. The act of March 3, 1863, (12 Statutes, 710,) made the interest payable in lawful money. The act of July 17, 1862, (12 Statutes, 592,) authorized the use of postal and other stamps as currency, and made them receivable in payment of all dues to the United LEGAL TENDER NOTES, ETC., OF THE CENTURY. 537 Length of loan. When re- deemable. Rates of interest. 5 or 20 yrs May 1, 1867. Mot less than 30 days. 1 year. On demand After 10 days' notice 1 year after date. On present- ation. 6 per cent. which sold. None. 4, 5, & 6 per cent. 6 per cent. Amount au- thorized. $515,000,00000 Par. Amount is- sued. $514,771,600 00 450,000,000 00 150,000,000 0i No limit. 50,000,000 00 Amount outstanding. $169,516,150 00 915,420,031 00 382,000,000 00 561.753,211 65 223.625,663 45 5,000 00 45,881,295 67 538 HISTORY OF FINANCES, LOANS, BONDS, Loan of 1863., One-year notes of 1863. Two-year notes of 1S63. Coin certificates., Compound interest notes. Ten-forties of 1864. Five-twenties of March 1864. States loss than five dollars. The 4th section of the act of March 3, 1863, ( 12 .Statutes, 711, J authorized the issue of fractional notes in lieu of postal and other stamps and postal currency ; made them exchangeable in sums not less than three dollars for United Slates notes, and receivable for postage and revenue stamps, and in pay- ment of dues to the United States, except duties on imports, less than five dollars ; and limited the anion nt to $50,000,000. The 5th section of the act of June 30, 1864, (13 Statutes, 220,) authorized an issue of $50,000,000 in fractional currency, and provided that the whole amount of these notes outstanding at any one time should not exceed this sum. The act of March 3, 1863, fl2 Statutes, 700,) authorized a loan of $900,000,000, and the issue of bonds, with interest at not exceeding 6 per centum per annum, and redeem- able in not less than ten nor more than forty years, principal and interest payable in coin. The act of June 30, 1664, (13 Statutes, 2iy, I repeals so much of the preced- ing act as limits the authority thereunder to the cur- rent fiscal year, and also repeals the authority alto- gether except as relates to $75,000,000 of bonds already advertised for. The act of March 3, 1863, (12 Statutes, 710,) authorized the issue of $400,000,000 Treasury notes, with interest at not exceeding 6 per centum per annum, redeemable in not more than three years, principal and interest payable in lawful money, to he a legal tender for their face value. The act of March 3, 1863, I 12 Statutes, 710,) authorized the issue of §4110,000,000 Treasury notes, with interest at not exceeding 6 per centum per annum, redeemable in not more than three years, principal and interest payable in lawful money, to be a legal tender for their face value. The 5th section of the act of March 3, 1863, (12 Statutes, 711.) authorized the deposit of gold coin and bullion with the Treasurer or any assistant treasurer, in sums not less than twenty dollars, and t lie issue of certifi- cates therefor in denominations the same as United States notes; also authorized the issue of these certifi- cates in payment of interest on the public debt. It limits the amount of them to not more than 20 per centum id' the amount of coin and bullion in the Treas- ury, and directs their receipt in payment fur duties on imports. The act of March 3, 1863, (12 Statutes, 709.) authorized the issue of $400,000,000 Treasury notes, with interest at not exceeding 6 per centum per annum, in lawful money, payable not more than three years from date, and to be a legal tender for their face value. The act of June 30, 7864, (13 Statutes, 218.) authorized the issue of $200,000,- 000 Treasury notes of any denomination not less than ten dollars, payable not more than three years from date, or redeemable at any time alter three years, with interest at not exceeding 7 3-10 per centum, payable in lawful money at maturity, and made them a legal ten- der for their bice value to the same extent as United States notes; $177,045,770 of the amount issued was in redemption of5 per cent, notes. The act of March 3, 1864, (13 Statutes, 1?,,) authorized the issue of $200,000,000 bonds, at not exceeding 6 per centum per annum, redeemable after fixe and payable not more than forty vears from date, in coin. The act of March ?,. 1<«4, (13 Statutes, 13,) authorized the issue of $200,000,000 bonds, at not exceeding 6 per centum LEGAL TENDER NOTES, ETC., OF THE CENTURY. 539 Price Length of \V hen re- Rates of nt Amount au- Amount is- Amount loan. deemable. interest. which sold. thorized. sued. outstanding. 17 years. July 1, 1881. 6 per cent. Aver- age prein. <>f4,13. .$75,000,000 00 $75,000,000 00 $75,0(10,000 00 1 year. 1 year after date. 5 per cent. Par. 400,000,000 00 44,520,000 00 • 74,775 00 2 years. 2 yrs. after date. 5 per cent. Par. 400,00(1,000 00 166,480,000 00 52,850 00 On demand None. Par. Indefinite. 502,776,400 00 22,825,10000 3 years. June 10,1867 & May 15, fi per cent.. compound Par. 100,000,000 00 266,595,440 00 415,210 00 1668. I0or40yra March 1, 1871. 5 per cent. Par to 7 p. C. prem. 200,000,000 01) 196,117,300 00 194,567,300 00 Nov. 1, 1869. 6 per cent. Pur. 3,882.500 00 946.600 00 540 HISTORY OF FINANCES, LOANS, BONDS, Five-twenties of June Seven-thirties of 18B4 & * 1865. Navy pension fund. Five-twenties of 1865.... Consols of 1865., Consols of 1867.. per annum, redeemable after five and payable not more than forty years from date, in coin. The act of June 30, 1864, (13 Statutes, 218,) authorized a loan of $400,000,000, and the issue therefor of bonds re- deemable at not less than five nor more than thirty (or forty, if deemed expedient) years from date, with inter- est at not exceeding 6 per centum per annum, payable semi-annually in coin. The act of June 30, 1861, (13 Statutes, 218), authorized the issue of $2fii»,000,(KKi Treasury notes, of not less than ten dollars each, payable at not more than three years from date, or redeemable at any time after three years, with interest at not exceeding 7 3-10 per centum per annum. The act of March 3, 1865, (13 Statutes, 408,) authorized a loan of 1600,000,000, and the issue therefor of bonds or Treasury notes ; the notes to be of denominations of not less than fifty dollars, with interest in lawful money at not more than 7 3-10 per centum per annum. The act of July 1, 1861, (13 Statutes, 414,) authorized the Secretary of the Navy to invest in registered securities of the United States so much of the Navy pension fund in the Treasury January I and July 1 in each year as would not be required for the payment of naval pen- sions. Section 2 of the act of July 23, 1868, (15 Statutes, 170,) makes the interest on this fund 3 per centum pet annum, in lawful money, and confines its use to the payment of naval pensions exclusively. The act of March 3, 186', (13 Statutes, 468,) authorized the issue of $600,000,000 of bonds or Treasury notes in addi- tion to amounts previously authorized; the bonds to be for not less than fifty dollars, payable not more than forty years from date of issue, or after any period not less than five years ; interest payable semi-annually at not exceeding 6 per centum per annum when in coin, or 7 3-10 per centum per annum when in currency. In addition to the. amount of bonds authorize;! by this act, authority was also given to convert Treasury notes or other interest-bearing obligations into bonds author- ized by it. The act of April 12, 1866, (14 Statutes, 31.) construed the above act to authorize the Secretary of the Treasury to receive any obligations of the United States, whether bearing interest or not, in exchange for any bonds authorized by it, or to sell any of such bonds, provided the public debt is not increased thereby. The act of March 3, 1865, < 13 Statutes, 468,) authorized the issue of |6IIO,000,000 id' bonds or Treasury notes in addi- tion to amounts previously authorized ; the bonds to be for not less than fifty dollars, payable not more than forty years from date of issue, or after any period not less than five years; interest payable semi-annually, at not exceeding 6 per centum per annum when in coin, or 7 3-10 per centum per annum when in currency. In addition to the amount of bonds authorized by this act, authority was also given to convert Treasury notes or other interest-bearing obligations into bonds author- ized by it. The act of April 12, 1866, (14 Statutes, 31,) construed the above act to authorize the Secretary of the Treasury to receive any obligations of the United States, whether bearing interest or not, in exchange for any bonds authorized by it, or to sell any of such bonds, provided the public debt is not increased thereby. The act of March 3, 1865, (13 Statutes, 468.) authorized the issue of $600,000,000 of bonds or Treasury notes in addi- tion to amounts previously authorized : the bonds to be for not less than fifty dollars, payable not more than LEGAI, TENDER NOTES, ETC., OF THE CENTURY. 541 Length of loan. When re- deemable. 5or 20yrs. Nov. 1,1869 3 years. 5 or 20 yrs. 8 or 20 yrs 5 or 20 pis Ang.15, 1807 June 15,1808 July 15, 1808 Rates of interest. July 1, 1S70. July 1, 1872 per cent, ■lOp.c. 3 per cent 6 per cent Price at winch solrl. Amount au thori/.ed. $400,000,000 00 800,000,000 01 far. Indefinite. 2 8^27,260 00 Amount is- sued. 379,002,350 00 $145,561,300 00 829,992,500 00 14,000,000 00 203,327,200 00 Amount lutstanding. 332,998,950 00 37*1,010,050 0i $58,016,201) 00 22S.450 00 14,000,00000 152,534,350 00 202/03,100 00 31 1,1.21,400 00 542 HISTORY OF FINANCES, LOANS, BONDS, Consols of 186S., Three per cent, certifi cates. Certificates of indebt edness of 1870. Funded loan of 1881. forty years from date of isRiie, or after any period not less than five years ; interest payable semi-annually, at not exceeding 6 per centum per annum when in coin, or 7 3-10 per centum per annum when in currency. In addition to the amount of bonds authorized by this act, authority was also given to convert Treasury notes or other interest-bearing obligations into bonds author- ized by it. The act of April 12, I860, (14 Statutes, 31,) construed the above act to authorize the Secretary of the Treasury to receive any obligations of the United States, whether bearing interest or not, in exchange for any bonds authorized by it, or to sell any of such bonds, provided the public debt is not increased thereby. The act of March 3, 1805, (13 Statutes, 468,) authorized the issue of $600,000,000 of bonds or Treasury notes in addi- tion to amounts previously authorized: the bonds to be for not less than fifty dollars, payable not more than forty years from the date of issue, or after any period not lees than five dollars ; interest payable semi-annu- allyf at not exceeding 6 per centum per annum when in coin, or 73-10 per centum per annum when in currency. In addition to the amount of bonds authorized by this act, authority was also given to convert Treasury notes or other interest-bearing obligations into bonds author- ized by it. The act of April 12, 1866, (14 Statutes, 31,) construed the above act to authorize the Secretary of the Treasury to receive any obligations of the United States, whether bearing interest or not, in exchange for any bonds authorized by it, or to sell any of such bonds, provided the public debt is not increased thereby. The act of March 3, 1867, (14 Statutes, 558,) authorized the issue of |50,000,000 in temporary loan certificates of de- posit, with interest at 3 per centum per annum, payable in lawful money, on demand, to be U6ed in redemption of compound interest notes. The act of July 25, 1868, (15 Statutes, 183,) authorized $25,000,000 additional of these certificates, for the sole purpose of redeeming compound interest notes. The act of Julys, 1870* (16 Statutes, 197,) authorized the issue of certificates of indebtedness, payable five years after date, with interest at 4 per centum per annum, payable semi-annually, principal and interest, in law- ful money, to be hereafter appropriated and provided for by Congress. These certificates were issued, one- third to the State of Maine and two-thirds to the State Of Massachusetts, both for the use and benefit of the European and North American Railway Company, and were in full adjustment and payment of any and all claims of said States or railway company for moneys expended, or interest thereon, by the State of Massa- chusetts on account of the war of 1812-15. The act of .Inly 14, 1870, ( 16 Statutes, 272,) authorizes the issue of $200,000, niK) at 5 per centum, $300,000,000 at 4' 2 per centum, and $1,000,000,000 at 4 per centum, principal and interest payable in coin of the present standard value, at the pleasure of the United States Government, after ten years for the 5 per cents, after fifteen years for the 4ii per cents, and after thirty years for the 4 per cents ; these bonds to be exempt from the payment of all taxes or duties of the United States, as well as from taxation in any form by or under State, municipal, or local authority. Bonds and coupons payable at the Treasury of the United States. This act not to authorize an increaseof the bonded debtof the United States. Bonds to be sold at not less than par iu coin, and the proceeds LEGAL TENDER NOTES, ETC., OF THE CENTURY. 543 Length of loun. 5 or 20 yrs. July 1, 1873. 6 years. 10 years. Wlien re- deemable. 6 per cent. Sep. 1, 187 May 1, 1881. Rates of interest 3 per cent. 4 per cent. per cent which old. Par. Amount au- thorized. $42,539,350 00 67S.3C2 41 500,000,000 00 Amount is- sued. Amount outstanding $42,539,350 00 85,150,000 00 200,000,000 00 $37,474,000 00 5,000 00 678,000 00 544 HISTORY OF FINANCES, LOANS, BONDS, Certificates of deposit.. to be applied to the redemption of outstanding 5-20g, or to be exchanged tor said 5-2ils par for par. Payment of these bonds, when due, to be made in order of dates and numbers, beginning with each class last dated and numbered. Interest to cease at the end of three months from notice of intention to redeem. The act of January 20, 1871, (16 Statutes, 399,) increases the amount of 5 per cents to $500,000,000, provided the total amount of bonds issued shall not exceed the amount originally author- ized, and authorizes the interest on any of these bonds to be paid quarterly. The act of June 8, 1872, (17 Statutes, 33(5,) authorizes the deposit of United States notes without interest, by banking associations, in sums not less than $10,000, and the issue of certificates therefor in denominations of not less than $5,000 ; which certificates shall be payable on demand, in United States notes, at the place where the deposits were made. It provides that the notes so deposited iu the Treasury shall not be counted as a part of the legal reserve, but that the certificates issued therefor may be held and counted by the national banks as part of their legal reserve, and may be accepted in the settlement of clearing-house balances at the places where the deposits therefor were made, and that the United States notes for which such certificates were issued, or other United States notes of like amount, shall be held as special deposits in the Treasury, and used only for the redemption of such certificates. LEGAL TENDER NOTES, ETC., OF THE CENTURY. 545 Length of loan. When re- deemable. Rates of interest. Price at which sold. Amount au- thorized. Amount is- sued. Amount outstanding. Indefinite. On demand None. Par. No limit. $137,675,000 00 $58,760,000 00 2,251,090,468 43 46 wc ^ WJ|XP> ^ %, 'WIS* 4& * •* v "•• "*b ^ *•••• .^ WERT BOOKBIMDINC Grantvill* Pa M»rch ■ Apfil 1989 .«;-.;. ±v