OF THE UNIVERSITY or ILLINOIS , ^ Ms ^^^^ The Century OF Independence EMBRACING A COLLECTION, FROM OFFICIAL SOURCES, OF THE MOST IMPORTANT otnmtnt» anir Statistics CONNECTED WITH THE Political History of America; ALSO, A CHRONOLOGICAL RECORD OF THE PRINCIPAL EVENTS, FROM ITS DISCOVERY TO THE PRESENT TIME - WITH BIOGRAPHICAL AND HISTORICAL SKETCHES. INDIANAPOLIS, IND.: S. L. MARROW & CO. 1876. Entered according to Act of Congress, in the year 1876, by J. R. HUSSEY & CO., the Office of the Librarian of Congress, at Washington, D. C. 1 1 stereotyped at PRINTED AT THE LAKESIDE PRESS* '"^ Franklin Type Foundey, ^ » o 0^ ..'! Cincinnati. . Clark and Adams Streets, _ , . CHICAGO. IS - :^ o — CONTENTS. PAOR Confederation of the Original States. . . . , 7 Washington's Acceptance of the Command of the Army. . 9 Declaration of Independence 11 Articles of Confederation and Perpetual Union between the States. 17 Ordinance of 1787 Relating to the Government of the North- western Territory 27 Constitution of the United States 35 Washington's Address on Resigning his Commission as Commander-in-Chief. 55 Washington's Inaugural Address 57 Washington's Farewell Address 62 Missouri Slavery Compromise of 1820 79 Jackson's Proclamation to the South Carolina NuUifiers. . 80 Fugitive Slave Law of 1850 104 Kansas and Nebraska Territorial Act of 1854. . . . 111 History of each of the States 124 Proposed Crittenden Compromise 152 Lincoln's Emancipation Proclamation 154 Letter Explaining the Same 156 Johnson's Amnesty Proclamation 161 Impeachment Trial of Andrew Johnson. . . . .164 Chronological Record of the Century of Independence. . 185 Presidents and Vice Presidents of the United States. . 223 Battles of the Several Wars of the United States. . . 225 Population of the United States at Decennial Periods. . 229 Eminent Men and Women of America 230 Life of Washington, and Electoral Votes of First and Second Terms. 238 Life of John Adams, and Electoral Vote of Third Term. , 242 Life of Jefferson, and Electoral Votes of Fourth and Fifth Terms 245 Life of Madison, and Electoral Votes of Sixth and Seventh Terms 249 Life of Monroe, and Electoral Votes of Eighth and Ninth Terms 253 (3) CONTENTS. Term, and and T ^f^^ of John 0 Adams, and Electoral Vote of Tenth Term. lII of tcktran Electoral Votes of Eleventh and Life or^ftJen!^^ Ele'ctorai Vote of Thirteenth Term*. Life of Harrisonr^^^ Electoral Vote of Fourteenth Term. lII of P^olt and Electoral' Vot; of Fifteenth Term Life of Taylor, and Electoral Vote of Sixteenth Term £il of ™rTand Ekctoral Voie of Seventeenth Term. Life of Buchanan, and Electoral Vote of Eighteenth T- Life of Lincoln, and Electoral Votes of Nineteenth Twentieth Terms. Life ll "and Electoral Votes' of Twenly-first Twenty-second Terms. . • • Popular vote for Presidents by States since 18^4. The Military Government Bill. • • Supplement to same, and Amendments. Amnesty Act of 1872. . • • • * Homestead Laws. • • ' -, m * -j. '-^^ * Important Statistics of States and Territories-- (a) Number of Members of Congress of each. (b) By whom Settled, and when. ... (c) Date of Act Creating each. V. ' ' (d) Time of Holding General Elections. . )e) Senators: Number and Term of Office. . (f) Representatives: Number and Term of Office, ^ ^ Time of Meeting of Legislatures. . • Governors: Term of Office, and State Capitals Wealth, Local Debt, and Taxation. pfSebt' from 1857 to' 1875, July 1st,' Annually, ?ubUc Debt at Close of each Administration, from 1793 to 1872. • • \ ' Statement of Public Lands and Grants _ Revenues of the Government from 1857 to 1875 Expenditures of the Government from 1857 to Gold Fluctuations from 1852 to IbU. . Manufactures: Value and Gross Productions ^. , Distribution of the Currency. The Civil Rights Bill. . • • The Tenure of Office Bill. . • .'.^ The Platforms of Political Parties from 18bO. Civil Service Regulations. . . • • [9 a (i\ U) (0 (n) i (r) 257 260 264 267 271 273 276 279 , 281 284 1875. 289 297 300 306 311 313 316 317 318 318 318 318 , 318 , 319 . 319 . 319 . 320 . 321 322 322 322 323 324 325 325 •327 328 332 335 356 326- CONTENTS. 5 PAQB Geneva Arbitration, San Juan Boundary, Fisheries, etc. . 362 Enforcement Act 388 Amendatory Enforcement Act and Supplement. . . 400 Ku-Klux Act . , .413 Salary Act , , . , . 418 Repeal of Salary Act 420 Grant's Veto Message of The Currency Bill. . , . 421 Dawes's Compromise Redistribution Currency Bill. . . 425 Bankrupt Act as Amended 1875 430 The Act for Resumption of Specie Payment. , , . 486 Geneva and San Juan Awards 488 Poland's Gag Law. . . 496 Civil Rights Bill of 1873 497 Parliamentary Rules. ....... 499 Pay of Officers of the United States, Civil and Military. . 606 Schedule of Stamp Duty , .512 History of The National Banks. .... 616 History of Finances, Loans, Bonds, Legr^ Tender Notes, etc., of the Century 632 CONFEDERATIOX OF THE ORIGIXAL STATES. Ox Mondiiy, the 5th of September, 1774, there were assembled at Carpenter s Hall, in the city of Philadelphia, a number of men who had been chosen 'and appointed bv the several colonies in North America to hold a Congress for the pm-pose of discussing certain grievances imputed against the mother country. This Congi-ess resolved, on the next day, that each colony should have one vote onlv. On Tuesday, the 2d July, 1776, the Congress resolved, "That these United Colonies are, and of right ought to be, Free and Independent States," eto., e^c. ; and on Thm^sday, the 4th July, the whole Declaration of Inde- pendence having been agreed upm, it was publicly read to the people. Shortly after, on the 9th September, it was resolved that the words "United Colonies'' should be no longer used, and that the "Uxtted States of A^iee- ica" should thenceforward be the style and title of the Union. On Saturday, the 15th November, 1777, "Arti- cles of Confederation and Perpetual Union of the United States of America *' were agreed to by the State delegates, subject to the ratification of the State legislatures severaU v. Eight of the States ratified these articles on the 9th JulV, 1778; one on the 21st July; one on the 24th July; one on the 26th Xovember of the same year; one on the 22d February, 1779 : and the last one on the 1st March, 1781. Here was a bond of imion between thirteen independent States, whose delegates in Congress legiskted for the gen- eral welfare, and executed ceitain powers so far as they were permitted by the articles aforesaid. The following are the names of the Presidents of the Continental Con- gress from 1774 to 1788 : Peyton Randolph, Yirginia 5th Sept., 1774. Henry ^Middleton, South CaroHna 22d Oct., 1774. Peyton Eandolph, Yirginia 10th May, 1775. 7 8 COXFEDERATIOX OF THE OEIGINAL STATES. John Hancock, Massacliusetts 24tli May, 1776 Henry Laurens, South Carolina 1st Nov., 1777. John 'Jay, Xew York 10th Dec, 1778. Samuel Huntmgton, Connecticut 28th Sept., 1779. Thomas McKean, Delaware 10th July, 1781. John Hanson, Maryland 5th Nov., 1781. EHas Boudinot, Xew Jersev 4th " 1782. Thomas Mifflin, Pennsylvania 3d 1783. Eichard Henry Lee, Virginia 30th " 1784. Xathaniel Gorham, Massachusetts 6th Jan., 1786. Arthur St. Clair, Pennsvlvania 2d Feb., 1787. Cp-us Griffin, Yii'gmia.*. 22d Jan., 1788. The seat of government was established as follows : At Philadelphia, Pa., commencing September 5, 1774, and May 10, 1775; at Baltimore, Md., December 20, 1776; at Philadelphia, Pa., March 4, 1777; at Lancaster, Pa., September 27, 1777; at York, Pa., September 30, 1777; at Philadelphia, Pa., July 2, 1778; at Princeton, X. J., June 30, 1783; at Annapolis, Md., November 26, 1783; at Trenton, X. J., November 1, 1784; and at New York City, N. Y., January 11, 1785. On the 4th March, 1789, the present Constitution, which had been adopted by a convention and ratified by the requisite number of States, went into operation. WASHINGTON'S ACCEPTANCE OF THE COMMAND OF THE ARMY. There were not many occasions during his public career that Washington was called upon to exercise his abilities as a writer or an orator ; but when such occasion did occur, he always acquitted himself with a degree of perspicuity and modesty which may be said to have been characteristic of himself alone. The addresses which follow mark, as it were, four distinct epochs in the history of this unexampled man : the first, when he accepted the command of the armies by which our national independence was achieved ; the second, when he surrendered his commission, after having driven the foes of freedom from his beloved country ; the third, when he assumed the responsible duties of President, in which office his high qualities for civil government were as conspicuous as had been his military talents in the field; and fourth, when he resigned his great trust and took leave of the people in his imperishable " Farewell Address," an in- estimable legacy, which can not be too frequently conned by every American who values his birthright. Washington's election as commander-in-chief. On the 15th of June, 1775, Washington was unanimously elected by Congress to " command all the Continental forces raised, or to be raised, for the defense of American liberty," and when he appeared in his place the next day, the President of that body acquainted him with his election, in a well- timed address, " and requested that he should accept of that employment;" to which Washington replied as follows : " Mr. President: Though I am truly sensible of the high honor done me, in this appointment, yet I feel great distress, from consciousness that my abilities and military experience may not be equal to the extensive and impor- tant trust : However, as the Congress desire it, I will enter (9) 10 Washington's address. upon the momentous duty, and exert every power T po&sess in their service, and for support of the glorious cause. I beg they will accept my most cordial thanks for this distin- guished testimony of their approbation. " But lest some unlucky event should happen, unfavor- able to my reputation, I beg it may be remembered, by every gentleman in the room, that I, this day, declare, with the utmost sincerity, I do not think myself equal to the com- mand T am honored with. " As to pay, sir, I beg leave to assure the Congress, that, as no pecuniary consideration could have tempted me to accept this arduous employment, at the expense of my domestic ease and happiness, I do not wish to make any profit. from it. I will keep an exact account of my expenses. Those, I doubt not, they will discharge, and that is all I desire." DECLARATION OF INDEPENDENCE. IN CONGRESS, TUESDAY, JULY 4, 1776. ^ Agreeably to the order of the day, the Congress resolved Itself into a committee of the whole, to take into their • further consideration the Declaration; and, after some time, the President resumed the chair, and Mr. Farrison reported that the Committee had agreed to a Declaration, which they desired him to report. (The committee con- gsted of Jefferson, Franklin, John Adams, Sherman, and K. K. Ldvingston.) The Declaration, being read, was agreed to as follows; A DEOX. ARATIOlSr BY THE REPEESENTATIVES OF THE UNITED STATES OF AMERICA, IN CONGRESS ASSEMBLED. When, in the course of human events, it becomes neces- sary for one people to dissolve the political bands which have connected them with another, and to assume amono- the powers of the earth the separate and equal station tS which the laws of nature and of nature's God entitle them a decent respect for the opinions of mankind requires that they should declare the causes which impel them to the separation. We hold these truths to be self-evident: that all men are created equal; that they are endowed by their Creator with certain inalienable rights ; that among these are life liberty, and the pursuit of happiness. That, to secure these rights, governments are instituted among men, deriv- ing their just powers from the consent of the governed ; that, whenever any form of government becomes destruc- tive of these ends, it is the right of the people to alter or to abolish it, and to institute a new government, laying Its foundation on such principles, and organizing its powera 11 u DECLARATION OF mDEPENDENCE. in such form, as to tliem shall seem most likely^ to effect their safety and happiness. Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes ; and, accordingly, all expe- rience hath shown that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But, when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security. Such has been the patient sufferance of these colonies, and such is now the necessity which constrains them to alter their former sys- tems of government. The history of the present King of Great Britain is a history of repeated hijuries and usur- pations, all having in direct object the establishment of an absolute tyranny over these States. To prove this, let facts be submitted to a candid world : He has refused his assent to laws the most wholesome and necessary for the public good. He has forbidden his Governors to pass laws of imme diate and pressing importance, unless suspended in their operation till his assent should be obtained ; and, wlien so suspended, he has utterly neglected to attend to them. He has refused to pass other laws for the accommodation of large districts of people unless those people would relinquish the right of representation in the legislature — a right inestimable to them, and formidable to tyrants only. He has called together legislative bodies at places un- usual, uncomfortable, and distant from the depository of their public records, for the sole purpose of fatiguing them into compliance with his measures. He has dissolved representative houses repeatedly for opposing, with manly firmness, his invasions on the rights of the people. He has refused, for a long time after such dissolutions, to cause others to be elected; whereby the legislative powers, incapable of annihilation, have returned to the DECLAKATION OF INDErENDENCE. 13 people at large for their exercise, the State reniainiDg, in the mean time, exposed to all the danger of invasion from without, and convulsions within. He has endeavored to prevent the population of these States ; for^ that purpose, obstructing the laws for natural- ization of foreigners ; refusing to pass others to encourage their emigration hither, and raising the conditions of new appropriations of lands. He has obstructed the administration of justice, by re- fusing his assent to laws for establishing judiciary powers. He has made judges dependent on his will alone for the tenure of their offices and the amount and payment of their salaries. He has erected a multitude of new offices, and sent hither swarms of officers to harass our people, and eat out their substance. He has kept among us, in times of peace, standing armies, without the consent of our legislature. He has affected to render the military independent of, and superior to, the civil power. _ He has combined, with others, to subject us to a juris- diction foreign to our constitution, and unacknowledged by our laws ; giving his assent to their acts of pretended legislation : For quartering large bodies of armed troops among us; For protecting them, by mock trial, from punishment, for any murders which they should commit on the inhab- itants of these States ; For cutting off our trade with all parts of the world ; For imposing taxes on us without our consent; For depriving us, in many cases, of the benefits of trial by jury ; For transporting us beyond seas to be tried for pre- tended offenses; For abolishing the free system of English laws in a neighboring province, establishing therein an arbitrary government, and enlarging its boundaries, so as to render it at once an exam.ple and fit instrument for introduciuo- *he same absolute rule into these colonies ; For taking away our charters, abolishing our most val- 14 DECLARATION OF INDEPENDENCE. uable laws, and altering, fundamentally, the powers of our governments; For suspending our own legislature, and declarmg them- selves invested with power to legislate for us in all cases whatsoever. He has abdicated government here, by declaring us out of his protection, and waging war against us. He has plundered our seas, ravaged our coast, burnt our towns, and destroyed the lives of our people. He is, at this time, transporting large armies of foreign mercenaries to complete the works of death, desolation, and tyranny, already begun, with circumstances of cruelty and perfidy, scarcely paralleled in the most barbarous ages, and totally unworthy the head of a civilized nation. He has constrained our fellow-citizens, taken captive on the high seas, to bear arms against their country, to be- come the executioners of their friends and brethren, or to fall themselves by their hands. He has excited domestic insurrections amongst us, and has endeavored to bring on the inhabitants of our frontiers the merciless Indian savages, whose known rule of war- fare is an undistinguished destruction, of all ages, sexes, and conditions. • • ^ In every stage of these oppressions, we have petitioned for redress, in the most humble terms ; our repeated peti- tions have been answered only by repeated injury. _ A prince, whose character is thus marked by every act which may define a tyrant, is unfit to be the ruler of a free people. -D • • 1, Nor have we been wanting in attention to our British brethren. We have warned them, from time to time, of attempts made by their legislature to extend an unwar- rantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and mag- nanimity, and we have conjured them by the ties of our common kindred, to disavow these usurpations, which would inevitably interrupt our connections and corres- pondence. They, too, have been deaf to the voice ^ of jus- tice and consanguinity. We must, therefore, acquiesce m DECLARATION OF INDEPENDENCE. 15 the necessity, which denounces our geparation, and hold them, as we hold the rest of mankind, enemies in war — in peace, friends. We, therefore, the representatives of the UNITED STATES OF AMERICA, in GENERAL CONGRESS assembled, appealing to the Supreme Judge of the World for the rectitude of our intentions, do in the name, and by the authority of the good people of these colonies, sol- emnly pubhsh and declare. That these United Colonies are, and of right ought to be. Free and Independent States ; that they are absolved from all allegiance to the British crown, and that all political connections between them and the State of Great Britain is, and ought to be, totally dissolved; and that, as FREE AND INDE- PENDENT STATES, they have full power to levy war, conclude peace, contract alliances, establish coramercCj and to do all other acts and things which INDEPEND- ENT STATES may of right do. And for the support of this Declaration, with a firm reliance on the protection of DIVINE PROVIDENCE, we mutually pledge to each other, our lives, our fortunes, and our sacred honor. The foregoing Declaration was, by order of Congress, engrossed, and signed by the following members : JOHN HANCOCK. New Hampshire. Rhode Island, JOSIAH BaRTLETT, William Whipple, Matthew Thornton. Stephen Hopkins, William Ellert. Massachusetts Bay. New Yorh. Samuel Adams, John Adams, Robert Treat Payne, Elbridge Gerry. William Floyd, Philip Livingston, Francis Lewis, Lewis Morris. DECLARATION OP INDEPENDENCE, Connecticut. Roger Sherman, Samuel Huntingtoi^, William Y/illiams, Oliver Wolcott. Pennsylvania. Robert Morris, Benjamin Rush, Benjamin Franklin, John Morton, George Clymer, James Smith, George Taylor, Jambs Wilson, George Ross. Delaware. CiKSAR Rodney, George Read, Thomas M'Kean. Maryland. Samuel Chase, William Paca, Thomas Stone, Charles Carroll, of Car- roUton. New Jersey. Richard Stockton, John Witherspoon, Francis Hofkinson, John Hart, Abraham Clark. Virginia. George Wythe, Richard Henry Lee, Thomas Jefferson, Benjamin Harrison, Thomas Nelson, Jun., Francis Lightfoot Lee, Carter Braxton. North Carolina. William Hooper, Joseph Hewes, John Penn. South Carolina. Edward Rutledge, Thomas Heyward, Jun., Thomas Lynch, Jun., Arthur Middleton. Georgia. Button Gwinnett, Lyman Hall, George Walton. ARTICLES OF CONFEDERATION AND PERPETUAL UNION BETWEEN THE STATES. The Articles of Confederation reported July 12, '76, and debated from day to day, and time to time, lor two years ; were ratified July 9, '78, by ten Slates ; by New Jersey, on the 26th of November of the Bame year; and by Delaware, on the 23d of February following. Maryland, alone, held off two years more, acceding to them March 1, '81, and thus closing the obligation. The following are the Articles : To all whom these Presents shall come, We, the urdersigned Delegates of the States affixed to our narfies, send greeting — Whereas, the Delegates of the United States of America, in Congress assembled, did, on the 15th day of November, in the year of our Lord, 1777, and in the Second Year of the Independence of America, agree to certain Articles of Confederation and Perpetual Union between the States of New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina," and Georgia, in the words following, viz. : ''Articles of Confederation and Perpetual Union between the States of New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jerseij, Penmylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia. Article 1. The style of this Confederacy shall be " The United States of America." Article 2. Each State retains its sovereignty, free- dom, and independence, and every power, jurisdiction, and right, which is not by this confederation expressly dele- gated to the United States in Congress assembled. Article 3. The said States hereby severally enter into a firm league of friendship with each other for their com- 2 17 18 ARTICLES OF CONFEDERATION. mon defense, tlie security of their libierties, and their mu- tual and general welfare, binding themselves to assist each other against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretense whatever. Article 4. The better to secure and perpetuate mutual friendship and intercourse among the people of the different States in this Union, the free inhabitants of each of these States — paupers, vagabonds, and fugitives from justice ex- cepted — shall be entitled to all privileges and immunities of free citizens in the several States ; and the people of each State shall have free ingress and regress to and from any other State, and shall enjoy therein all the privileges of trade and commerce, subject to the same duties, imposi- tions, and restrictions, as the inhabitants thereof respect- ively, provided that such restriction shall not extend so far as to prevent the removal of property, imported into any State, to any other State of which the owner is an in- habitant ; provided, also, that no imposition, duties or re- striction shall be laid by any State on the property of the United States, or either of them. If any person guilty of or charged with treason, felony, or other high misdemeanor in any State, shall flee from justice, and be found in any of the United States, he shall, upon demand of the Governor, or executive power of the State from which he fled, be delivered up and removed to the State having jurisdiction of his offense. Full faith and credit shall be given in each of these States, to the records, acts, and judicial proceedings of the courts and magistrates of every other State. Article 5. For the more convenient management of the general interest of the United States, Delegates shall be annually appointed, in such manner as the legislature of each State shall direct, to meet in Congress on the first Monday in November, in every year, with a power reserved to each State, to recall its Delegates, or any of them, at any time within the year, and to send others in their stead, for the remainder of the year. No state shall be represented in Congress by less than two, nor by more than seven members j and no person shall AliTICLES OF CONFEDEEATION. 19 be capable of being a Delegate for more than three years in any term of six years ; nor shall any person, being a Delegate, be capable of holding any office under the United States, for which he, or another for his benefit, receiyea any salary,, fees, or emolument of any kind. Each State shall maintain its own Delegates in any meeting of the States, and while they act as'members of the Committee of the States. In determining questions in the United States, in Con- gress assembled, each State shall haye one yote. Freedom of speech and debate in Congress shall not be impeached or questioned in any court or place, out of Con- gress, and the members of Congress shaU be protected in their persons from arrests and imprisonments, during the time of their going to and from, and attendance on Con- gress, except for ti-eason, felony, or breach of the peace. Article 6. Xo State, without the consent of the United States in Congress assembled, shall send an embassy to, or receiye an embassy from, or enter iuto any conference, agreement, alliance, or treaty with any King, Prince, or State ; nor shall any person holding any office of profit or tru5t under the United States, or any of them, accept of any present, emolument, office or title of any kind what- eyer from any King, Prince, or Foreign State ; nor shall the United States in Congress assembled, or any of them, grant any title of nobility. Xo two or more States shall enter into any treaty, con- federation or alliance whateyer between them, without the consent of the United States in Congress assembled, speci- fying accm-ately the pui'poses for which the same is to be entered into, and how long it shall continue. iNo State shaU lay any imposts or duties which may in- terfere with any stipulations in treaties, entered into by the United States in Congress assembled, with any King, Prince or State, in pui'suance of any treaties already pro- posed by Congress, to the Courts of France and Spain. Xo yessels of war shall be kept up in time of peace by any State except such number only, as shall be deemed necessary by the United States in Congress assembled, for the defense of such State, or its trade ; nor shall any body 20 ARTICLES OP CONFEDERATION. of forces be kept up bjr any State, in time of peace, except guch number only, as in the judgment of the United States in Congress assembled, sball be deemed requisite to gar- rison tbe forts necessary for the defense of such State ; but every State shall always keep up a well regulated and dis- ciplined militia, sufficiently armed and accoutred, and shall provide and have constantly ready for use, in public stores, a due number of field-pieces and tents, and a proper quan- tity of arms, ammunition, and camp equipage. No State shall engage in any war without the consent of the United States in Congress assembled, unless such State be actually invaded by enemies, or shall have received cer- tain advice of a resolution being formed by some nation of Indians to invade such a State, and the danger is so immi- nent as not to admit of a delay, till the United States in Congress assembled can be consulted : nor shall any State grant commissions to any ships or vessels of war, nor let- ters of marque or reprisal, except it be after a declaration of war by the United States in Congress assembled, and then only against the Kingdom or State, and the subjects thereof, against which war has been so declared, and under such regulations as shall be established by the United States in Congress assembled, unless such State be infested by pirates, in which case vessels of war may be fitted out for that occasion, and kept so long as the danger shall continue, or until the United States in Congress assembled shall de- termine otherwise. Aeticle 7. When land forces are raised by any State for the common defense, all officers of, or under the rank of colonel, shall be appointed by the legislature of each State respectively, by whom such forces shall be raised, or in such manner as such State shall direct, and all vacancies shall be filled up by the State which first made the appoint- ment. Aeticle 8. All charges of war, and all other expenses that shall be incurred for the common defense or general welfare, and allowed by the United States in Congress as- sembled, shall be defrayed out of a common treasury, which shall be supplied by the several States, in proportion to the value of all land within each State, granted to or surveyed ARTICLES OF CONFEDERATION. 21 for any person, as such land and the buildings and improve- ments thereon shall be estimated according to such mode as the United States in Congress assembled, shall, from time to time, direct and appoint. The taxes for paying that pro- portion shall be laid and levied by the authority and direc- tion of the legislatures of the several States within the time agreed upon by the United States in Congress assembled. Article 9. The United States in Congress assembled shall have the sole and exclusive right and power of deter- mining on peace and war, except in the cases mentioned in the 6th article — of sending and receiving embassadors — en- tering into treaties and alliances, provided that no treaty of commerce shall be made whereby the legislative power of the respective States shall be restrained from imposing such imposts and duties on foreigners, as their own people are subjected to, or from prohibiting the exportation or im- portation of any species of goods or commodities whatso- ever — of establishing rules for deciding in all cases what captures on land or water shall be legal, and in what man- ner prizes taken by land or naval forces in the service of the United States shall be divided or appropriated — of grant- ing letters of marque and reprisal in times of peace — ap- pointing courts for the trial of piracies and felonies com- mitted on the high seas and establishing courts for receiving and determining finally appeals in all cases of captures,^ provided that no member of Congress shall be appointed a* judge of any of the said courts. The United States in Congress assembled shall also be the last resort on appeal in all disputes and difi'erences now subsisting or that hereafter may arise between two or more States, concerning boundary, jurisdiction, or any other cause whatever; which authority shall always be exercised in the manner following : — Whenever the legislative or executive authority or lawful agent of any State in controversy with another shall present a petition to Congress, stating the mat- ter in question, and praying for a hearing, notice thereof shall be given by order of Congress, to the legislative or execu- tive authority of the other State in controversy, and a day as- signed for the appearance of the parties by their lawful agents, who shall then be directed to appoint, by joint consent, com- 22 AETICLES OP CONFEDERATION. misiioners or judges to constitute a court for hearing and de- termining the matter in question : but if they can not agree, Congress shall name three persons out of each of the United States, and from the Mst of such persons each party shall alternately strike out one, the petitioners beginning, until the number shall be reduced to thirteen ; and from that num ber not less than seven, nor more than nine names, as Con gress shall direct, shall in the presence of Congress be drawr out by lot, and the persons whose names shall be so drawn or any five of them, shall be commissioners or judges, to hear and finally determine the controversy, so always as a major part of the judges- who shall hear the cause shall agree in the determination : and if either party shall neg- lect to attend at the day appointed, without showing reasons which Congress shall judge sufficient, or being present shall refuse to strike, the Congress shall proceed to nominate three persons out of each State, and the Secretary of Congress shall strike in behalf of such party absent or refusing; and the judgment and sentence of the court to be appointed, in the manner above prescribed, shall be final and conclu- sive ; and if any of the parties shall refuse to submit to the authority of such court, or to appear or defend their claim or cause, the court shall, nevertheless, proceed to pronounce sentence or judgment, which shall in like manner be final ^and decisive, the judgment or sentence and other proceed- ings being in either case transmitted to Congress and lodged among the acts of Congress for the security of the parties concerned : provided that every commissioner, before he sits in judgment, shall take an oath, to be administered by one of the judges of the Supreme or Superior Court of the State where the cause shall be tried, "well and truly to hear and determine the matter in question, according to the best of his judgmejit, without favor, affection, or hope of reward :" provided also that no State shall be deprived of territory for the benefit of the United States. All controversies concerning the private right of soil claimed under different grants of two or more States, whoso jarisdictions as they may respect such lands, and the States T hich passed such grants, are adjusted ; the said grants or aither of them being at the same time claimed, to have orig- ARTICLES OF CONFEDERATION. 23 inated antecedent to sucli settlement of jurisdiction, shall, on the petition of either party to the Congress of the United States, be finally determined as near as may be in the same manner as is before prescribed for deciding disputes respect- ing territorial jurisdiction between different States. The United States in Congress assembled shall also have t}».5 sole exclusive rigbt and power of regulating the alloy and value of coin struck by their own authority, or by that of the respective States— fixing the standard of weights and measures throughout the United States— regulating the trade and managing all affairs with the Indians, not members of any of the States ; provided that the legislative right of any State within its own limits be not infringed or violated es- tablishing or regulating post-offices from one State to another, throughout all the United States, and exacting such postage on the papers passing through the same as may be requisite to defray the expenses of the said office — appointing all of- ficers of the land forces, in the service of the United States, excepting regimental officers— appointing all the officers of the naval forces, and commissioning all officers whatever in the service of the United States — making rules for the gov- ernment and regulation of the said land and naval forces, and directing their operations. The United States in Congress assembled shall have au- thority to appoint a committee, to sit in the recess of Con- gress, to be denominated "A Committee of the States," and to consist of one delegate from each State; and to appoint such other committees and civil officers as may be necessary for managing the general affairs of the United States, under their direction — to appoint one of their number to preside ; provided that no person be allowed to serve in the office of president more than one year in any term of three years — to ascertain the necessary sums of money to be raised for the service of the United States, and to appropriate and ap- ply the same for defraying the public expenses — to borrow money, or emit bills on the credit of the United States, trans- mitting every half year to the respective States an account of the sums of money so borrowed or emitted — to build and equip a navy — to agree upon the number of land forces, and to make requisitions from each State for its quota, in pro- 24 ARTICLES OF CONFEDERATION. portion to the number of wtite inhabitants in such State ; which requisition shall be binding; and thereupon the leg- islatures of each State shall appoint the regimental officers, raise the men, and clothe, arm, and equip them in a soldier- like manner, at the expense of the United States ; and the officers and men so clothed, armed, and equipped, shall march to the place appointed, and within the time agreed on by the United States in Congress assembled ; but if the United Statea in Congress assembled shall, on consideration of circum- stances, judge proper that any State should not raise men, or should raise a smaller number than its quota, and that any other State should raise a greater number of men than the quota thereof, such extra number shall be raised, offi- cered, clothed, armed, and equipped in the same manner as the quota of such State, unless the legislature of such state shall judge that such extra number can not be safely spared out of the same ; in which case they shall raise, officer, clothe, arm, and equip as many of such extra number as they judge can be safely spared. And the officers and men so clothed, armed, and equipped, shall march to the place appointed, and within the time agreed on by the United States in Con- gress assembled. The United States in Congress assembled shall never en- gage in a war, nor grant letters of marque and reprisal in time of peace, nor enter into any treaties or alliances, nor coin money, nor regulate the value thereof, nor ascertain the sums and expenses necessary for the defense and welfare of the United States, or any of them, nor emit bills, nor bor- row money on the credit of the United States, nor appro- priate money, nor agree upon the number of vessels of war to be built or purchased, or the number of land or sea forces to be raised, nor appoint a commander-in-chief of the army or navy unless nine States assent to the same ; nor shall a question on any other point, except for adjourning from day to day, be determined, unless by the votes of a majority of the United States in Congress assembled. The Congress of the United States shall have power to adjourn to any time within the year, and to any place within the United States, so that no period of adjournment be for a longer duration than the space of six months, and shall ARTICLES OP CONFEDERATION. 25 publish the journal of their proceedings monthly, except such parts thereof relating to treaties, alliances, or military operations, as in their judgment require secresy; and the yeas and nays of the delegates of each State on any ques- tion shall be entered on the journal when it is desired by any delegate ; and the delegates of a State, or any of them, at his or their request, shall be furnished with a transcript of the said journal, except such parts as are above excepted, to lay before the legislatures of the several States. Article 10. The committee of the States, or any nine of them shall be authorized to execute, in the recess of Con- gress, such of the powers of Congress as the United States in Congress assembled, by the consent of nine States, shall, from time to time, think expedient to vest them with; pro- vided that no power be delegated to the said committee ; for the exercise of which, by the Articles of Confederation, the voice of nine States in the Congress of the United States assembled is requisite. Article 11. Canada, acceding to this confederation and joining in the measures of the United States, shall be ad- mitted into, and entitled to all the advantages of this union ; but no other colony shall be admitted into the same unless such admission be agreed to by nine States. Article 12. All bills of credit emitted, moneys bor- rowed, and debts contracted by, or under the authority of Congress, before the assembling of the United States, in pursuance of the present confederation, shall be deemed and considered as a charge against the United States — for payment and satisfaction whereof, the said United States and the public faith are hereby solemnly pledged. Article 13. Every State shall abide by the determina- tions of the United States in Congress assembled on all ques- tions which, by this confederation, are submitted to them. And the articles of this confederation shall be inviolably observed by every State, and the union shall be perpetual ; nor shall any alteration at any time hereaft-er be made in any of them, unless such alteration be agreed to in a Con- gress of the United States, and be afterward confirmed by the legislatures of every State. And WTiereas, It hath pleased the Great Governor of the 3 26 ARTICLES OF CONFEDERATION. World to incline the hearts of the legislatures we respect- ively represent in Congress, to approve of and to authorize us to ratify the said Articles of Confederation and perpet- ual union. Know Ye that we, the undersigned delegates, by virtue of the power and authority to us given for that pur- pose, do, by these presents, in the name and in behalf 'of our respective constituents, fully and entirely ratify and con- firm each and every of the said Articles of Confederation and perpetual Union, and all and singular the matters and things therein contained. And we do further solemnly plight and engage the faith of our respective constituents, that they shall abide by the determinations of the United States in Congress assembled on all questions which, by the said confederation, are submitted to them. And that the articles thereof shall be invielably observed by the States we respectively represent, and that the union shall be per- petual. In witness whereof we have hereunto set our hands in Congress. Done at Philadelphia, in the State of Pennsylvania, the 9th day of July, in the year of our Lord 1778, aftd in the 3d year of the Independence of America. ORDmMCE OF 1787. IN CONGEESS, JULY 13, 1787. An Ordinance for the government of the territory of the United States, north-west of the river Ohio. uniioa hd'fl ^t'^^'^^J ^""'^^^ ^^^^^^ CJongress assem- bled, that the said Territory, for the purpose of temporary government, be one district ; subject, however, to be divided into two districts, as future circumstances may, in the opinion of Congress, make it expedient. Be It ordained, by the authority aforesaid, that the estates both of resident and non-resident proprietors in the said lerritory, dying intestate, shall descend to, and be dis- tnbuted among their children, and the descendants of iJ'T't ^f^'^^ '^^^^ P^^^^' descendants of a de- ceased child or grand-child, to take the share of their there sha 1 be no children or descendants, then in equal parts to the next of kin, in equal degr;e ; and am^g collaterals the children of a deceased brothel or sister of the intestate shall have, in equal parts, among them, their deceased parent's share; and there shall in no case be a distinction between kindred of the whole and half blood • saving in all cases to the widow of the intestate her third part of the real estate for life, and one-third part of the personal estate ; and this law relative to descents and dower Bhall remain m full force until altered by the Legislature of the district And until the Governor and jud|es shall adopt laws as hereinafter mentioned, estates in the said ter- ritory may be devised or bequeathed by wills in writing signed and sealed by him or her, in whom the estate may be (being of full age), and attested by three witnesses; and real estates may be conveyed by lease or release, or bargain and sale, signed, sealed, and delivered by the person, being 27 28 ORDINANCE OF 1787. of full age, in wliom the estate may, and attested by two witnesses, provided such wills be duly proved, and such c"onveyances be acknowledged, or the execution thereof duly proved, and be recorded within one year after proper magistrates, courts, and registers shall be appointed for that purpose, and personal property may be transferred by delivery, saving, however, to the French and Canadian in- habitants, and other settlers of the Kaskaskias, Saint Yin- cents, and the neighboring villages, who have heretofore professed themselves citizens of Virginia, their laws and customs now in force among them, relative to descent and conveyance of property. Be it ordained^ by the authority aforesaid, that there shall be appointed, from time to time, by Congress, a Grov- ernor, whose commission shall continue in force for the term of three years, unless sooner revoked by Congress; he shall reside in the district and have a freehold estate therein, in one thousand acres of land, while in the exer- cise of his office. There shall be appointed, from time to time, by Congress, a Secretary, whose commission shall con- tinue in force for four years, unless sooner revoked ; he shall reside therein, and have a freehold estate therein, in five hundred acres of land, while in the exercise of his office; it shall be his duty to keep and preserve the acts and laws passed by the Legislature, and the public records of the district, and the proceedings of the Grovernor in his executive department, and transmit authentic copies of such acts and proceedings, every six months, to the Secretary of Congress. There shall also be appointed a court, to consist of three judges, any two of whom to form a court, who shall have a common law jurisdiction, and reside in the district, and have each therein a freehold estate in five hundred acres of land, while in the exercise of their offices ; and their commissions shall continue in force during good behavior. The Grovernor and judges, or a majority of them, shall Edopt and publish in the district such laws of the original States, criminal and civil, as may be necessary, and best suited to the circumstances of the district, and report them to Congress, from time to time, which laws shall be in force ORDINANCE OF 1787. 29 in the district until the organization of the General As- sembly therein, unless disapproved by Congress; but after- ward, the Legislature shall have authority to alter them as they shall think fit. The Governor, for the time being, shall be commander- in-chief of the militia, appoint and commission all officers in the same, below the rank of general officers. All gen- eral officers shall be appointed and commissioned by Con- gress. Previous to the organization of the General Assembly, the Governor shall appoint such magistrates and other civil officers, in each county or township, as he shall find neces- sary for the preservation of the peace and good order in the same. After the General Assembly shall be organized, the powers and duties of magistrates and other civil officers shall be regulated and defined by the said Assembly; but all magistrates and other civil officers, not herein other- wise directed, shall, during the continuance of this tem- porary government, be appointed by the Governor. For the prevention of crimes and injuries, the laws to be adopted or made, shall have force in all parts of the district, and for the execution of process, criminal and civil, the Governor shall make proper divisions thereof; and shall proceed, from time to time, as circumstances may require, to lay out the parts of the district in which the Indian titles shall have been extinguished, into counties and town- ships, subject, however, to such alterations as may here- after be made by the Legislature. ^ So soon as there shall be five thousand free male inhab- itants, of full age, in the district, upon giving proof thereof to the Governor, they shall receive authority, with time and place, to elect representatives from their counties or town- ships, to represent them in the General Assembly; Pro- vided, That for every five hundred free male inhabitants there shall be one representative, and so on progressively with the number of free male inhabitants, shall the right of representation increase, until the number of representa- tives shall amount to twenty-five, after which the number and proportion of representatives shall be regulated by the Legislature; Provided, That no person be eligible or qual- 30 ORDINANCE OF 1787 ified to act as a representative, unless lie <«fi«L' have been a citizen of one of the United States three years and be a resi- dent in the district, or unless he shall have resided in the district three years, and in either case shall likewise hold in his own right, in fee simple, two hundred acres of land within the same ; Provided^ also, that a freehold in fifty acres of land in the district, having been a citizen of one of the States, and being resident in the district, or the like freehold and two years' residence in the district, shall be necessary to qualify a man as an elector of a representative. The representative thus elected, shall serve for the term of two years, and in case of the death of a representative, or removal from office, the Governor shall issue a writ to the county or township for which he was a member, to elect another in his stead, to serve for the residue of the term. The G-eneral Assembly, or Legislature, shall consist of the Grovernor, Legislative Council, and a House of Repre- sentatives. The Legislative Council shall consist of five members, to continue in office five years, unless sooner re- moved by Congress, any three of whom to be a quorum, and the members of the Council, shall be nominated and appointed in the following manner, to wit: as soon as rep- resentatives shall be elected, the Grovernor shall appoint a time and place for them to meet together, and, when met, they shall nominate ten persons, residents in the district, and each possessed of a freehold in five hundred acres of land, and return their names to Congress, five of whom Congress shall appoint and commission to serve as afore- said ; and whenever a vacancy shall happen in the Council, by death or removal from office, the House of Representa- tives shall nominate two persons qualified as aforesaid, for each vacancy, and return their names to Congress, one of whom Congress shall appoint and commission for the res- idue of the term ; and every five years, four months at least before the expiration of the time of service of the Council, the said House shall nominate ten persons qualified as aforesaid, and return their names to Congress, five of whom Congress shall appoint and commission to serve as mem- bers of the Council five years, unless sooner removed. And ORDINANCE OF 1787. 31 the Grovernor, Legislative Council, and House of Repre- sentatives, shall have authority to make laws in all cases for the good government of the district, not repugnant to the principles and articles in this ordinance established and declared. And all bills having passed by a majority in the House, and by a majority in the Council, shall be referred to the G-overnor for his assent; but no bill or legislative act whatever, shall be of any force without his assent. The Governor shall have power to convene, prorogue, and dis- solve the assembly, when in his opinion it shall be expe- dient. The Governor, Judges, Legislative Council, Secretary, and such other officers as Congress shall appoint in the district, shall take an oath or affirmation of fidelity, and of office — the Governor before the President of Congress, and all other officers before the Governor. As soon as a Legislature shall be formed in the District, the Council and House, assembled in one room, shall have authority, by joint ballot, to elect a delegate to Congress, who shall have a seat in Congress, with the right of debating, but not of voiing^ during this temporary government. And for extending the fundamental principles of civil and religious liberty, which form the basis whereon these republics, their laws and constitutions, are elected; to fix and establish those principles as the basis of all laws, con- stitutions, and governments, which FOREVER hereafter shall he formed in the said Territory; to provide also for the es- tablishment of States, and for their admission to a share in the Federal Council on an equal footing with the orig- inal States, at as early periods as may be consistent with the general interest: It is hereby ordained and declared, by the g^uthority afore- said, that the following articles shall be considered as arti- cles of compact between the original States and the people and States in the said Territory, and forever remain unal- terable, unless by common consent ; viz. : Article I. No person, demeaning himself in a peace- able and orderly manner, shall ever be molested on account of his mode of worship or religious sentinlents in the said Territory. 32 ORDINANCE OP 1787. Art. II. The inhabitants of the said Territory shall always be entitled to the benefit of the writ of habeas corpus and of the trial by jury ; of a proportionate rep- resentation of the people in the Legislature, and of judi- cial proceedings according to the course of the common law; all persons shall be bailable unless for capital of- fenses, where the proof shall be evident, or the presump- tion great; all fines shall be moderate, and no cruel or unusual punishments shall be inflicted; no man shall be deprived of his liberty or property but by the judgment of his peers or the law of the land ; and should the pub- lic exigencies make it necessary for the common preserva- tion to take any person's property, or to demand his par- ticular services, full compensation shall be made for the same ; and, in the just preservation of rights and property, it is understood and declared, that no law ought ever to be made, or have force in the said territory, that shall, in any manner whatever, interfere with or ajBFeet private con- tracts or engagements, bona fide, and, without fraud, pre- viously formed. Art. III. Religion, morality, and knowledge being necessary to good government and the happiness of man- kind, schools and the means of education shall forever be encouraged. The utmost good faith shall always be observed toward the Indians; their lands and property shaU never be taken from them without their consent; and in their property, rights, and liberty, they never shall be invaded or disturbed, unless in just and lawful wars authorized by Congress ; but laws founded in justice and humanity shall, from time to time, be made, for prevent- ing wrongs being done to them, and for preserving peace and friendship with them. Art. IY. The said Territory, and the States which may be formed therein, shall forever remain a part of this Confederacy of the United States of America, subject to the Articles of Confederation,* and to such alterations therein as shall be constitutionally made; and to all the acts and ordinances of the United States in Congress as- ♦ This ordinance was drawn up before the Constitution was formed ORDINANCE OP 1787. 33 sembled, conformable thereto. Tlie inhabitants and set- tlers in the said Territory shall be subject to pay a part of the Federal debts contracted, or to be contracted, and a proportional part of the expenses of government, to be apportioned on them by Congress, according to the same common rule and measure by which apportionments thereof shall be made on the other States ; and the taxes for pay- ing their proportion shall be laid and levied by the au- thority and direction of the Legislatures of the District, or Districts, or new States, as in the original States, within the time agreed upon by the United States in Congress assembled. The Legislatures of those Districts, or new States, shall never interfere with the primary disposal of the soil by the United States in Congress assembled, nor with any regulations Congress may find necessary for se- curing the title in such soil to the bona fide purchasers. No tax shall be imposed on lands the property of the United States ; and in no case shall non-resident proprie- tors be taxed higher than residents. The navigable wa- ters leading into the Mississippi and St. Lawrence, and the carrying places between the same, shall be common highways, and forever free, as well to the inhabitants of the said Territory as to the citizens of the United States, and those of any other States that may be admitted into the confederacy, without any tax, impost, or duty there- for. Art. V. There shall be formed in the said Territory not less than three, nor more than five States; and the boundaries of the States, as soon as Virginia shall alter her act of session and consent to the^ same, shall become fixed and established as follows, to wit : The western State shall be bounded by the Mississippi, the Ohio, and Wa- bash Rivers; a direct line drawn from the Wabash and Post Vincents due north to the territorial line between the United States and Canada, and by the said territorial line to the Lake of the Woods and Mississippi. The middle State shall be bounded by the said direct line, the Wabash from Post Vincents to the Ohio, by the Ohio, by direct line drawn due north from the mouth of the Grreat Miami to the said territorial line, and by said territorial 34 ORDINANCE OF 1787. line. The eastern State shall be bounded by the last men- tioned direct line, the Ohio, Pennsylvania, and the said territorial line; Provided, however, and it is further un- derstood and declared, that the boundaries of these three States shall be subject so far to be altered, and, if Con- gress shall hereafter find it expedient, they shall have authority to form one or two States in that part of th« said Territory which lies north of an east and west line drawn through the southerly bend or extreme of Lake Michigan ; and whenever any of the said States shall have sixty thousand free inhabitants therein, such States shall be admitted, by their delegates, into the Congress of the United States, on an equal footing with the original States in all respects whatsoever; and shall be at liberty to form a permanent constitution and State government; Provided, the constitution and government so to be formed shall be republican, and in conformity to the principles contained, in these articles; and, so far as it can be consistent with the general interest of the confederacy, such admission shall be allowed at an earlier period, and when there may be a less number of free inhabitants in the State than sixty thousand. Art YI. There shall be neither slavery nor involun- tary servitude in the said Territory, otherwise than in the punishment of crimes whereof the party shall have been duly convicted ; Provided, always, that any person escap- ing into the same, from whom labor or service is lawfully claimed in any of the original States, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labor or service as aforesaid. Be it ordained, by* the authority aforesaid, that the res- olutions of the 23d of April, 1784, relative to the subject -of this ordinance, be, and the same are hereby repealed, and declared null and void. ' Note.— By this ordinance, Virginia ceded to the United States the territoiT now composing the States of Ohio, Indiana, Illinois, W^e- consin, and Michigan, making the ordinance the fundamental Isva oi theses fetatea CONSTITUTION OP THE UNITED STATES OF AMERICA. We, the People of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquillity, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America: ARTICLE I. Section 1. All the legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. Sec. 2. The House of Representatives shall be com- posed of members chosen every second year by the people of the several States ; and the electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State Legislature. No person shall be a Representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen. Representatives and direct taxes shall be apportioned among the several States which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons. The actual enumeration shall be made 35 36 THE CONSTITUTION. within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of Representatives shall not exceed one for every thirty thousand, but each State shall have at least one Rep- resentative ; and until such enumeration shall be made, the State of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence Planta- tions one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five. South Carolina five, and Georgia three. When vacancies happen in the representation from any State, the Executive authority thereof shall issue Writs of Election to fill such vacancies. The House of Representatives shall choose their Speaker and other officers; and shall have the sole power of im- peachment. Sec. 3. The Senate of the United States shall be com- posed of two Senators from each State, chosen by the Leg- islature thereof, for six years ; and each Senator shall have one vote. ^ Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one-third may be chosen every second year ; and if vacancies happen by resignation, or otherwise, during the recess of the Legislature of any State, the Executive thereof may make temporary appointments until the next meeting of the Legislature, which shall then fill such vacancies. No person shall be a Senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen. The Vice-President of the United States shall be Presi- dent of the Senate, but shall have no vote, unless they be equally divided. THE CONSTITUTION. 37 The Senate shall choose their other officers, and also a President pro tempore, in the absence of the Vice-Presi- dent, or when he shall exercise the office of President of the United States. The Senate shall have the sole power to try all impeach- ments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is t-ried, the Chief Justice shall preside ; and no per- son shall be convicted without the concurrence of two- thirds of the members present. J udgment in cases of impeachment shall not extend fur- ther than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the United States; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law. ^ Seo. 4. The times, places, and manner of holding elec- tions for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may, at any time, by law make or alter such regulations, ex- cept as the places of choosing Senators. The Con gress shall assemble at least once in every year, and such meeting shall be on the first Monday in Decem- ber, unless they shall by law appoint a different day. Sec. 5. Each House shall be the judge of the elections, returns, and qualifications of its own members, and a ma- jority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent mem- bers, in such manner and under such penalties as each House may provide. Each House may determine the Rules of its Proceedings, punish its members for disorderly behavior, and with the concurrence of two-thirds, expel a member. Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such parts as may, in their judgment, require secrecy ; and the yeas and nays of the members of either House on any question shall, at the desire of one-fifth of those present, be entered on the journal. 38 THE CONSTITUTION. Neitter House, during tlie session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting. Sec. 6. The Senators and Representatives shall receive a compensation for their services, to be ascertained by law and paid out of the treasury of the United States. They shall in all cases, except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same ; and for any speech or debate in either House, they shall not be questioned in any other place. No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been in- creased during such time, and no person holding any office under the United States shall be a member of either House during his continuance in office. Sec. 7. All bills for raising revenue shall originate in the House of Representatives ; but the Senate may propose or concur with amendments as on other bills. Every bill which shall have' passed the House of Repre- sentatives and the Senate, shall, before it becomes a law, be presented to the President of the United States : If he ap- prove, he shall sign it ; but if not, he shall return it, with his objections, to that House in which it shall have orig- inated, who shall enter the objections at large on their Journal, and proceed to reconsider it. If, after such re- consideration, 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 be- come a law. But in all such cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the Journal of each House respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the THE CONSTITUTION. 39 same shall be a law, in like manner as if lie had signed it unless the Congress, by their adjournment, prevent its re-- turn, in which case it shall not be a law. Every order, resolution, or vote to which the concurrence of the Senate and House of Eepresentatives may be neces- sary (except on a question of adjournment) shall be pre- sented to the President of the United States ; and before the same shall take effect, shall be approved by him • or being disapproved by him, shall be repassed by two-thirds ot the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill. Sec. 8. The Congress shall have Power — To lay and collect Taxes, Duties, Imposts and Excises, to pay the debts and provide for the common defense and gen- eral welfare of the United States ; but all Duties, Im- posts and Excises shall be uniform throughout tHe United States ; To borrow money on the credit of the United States ; To regulate commerce with foreign nations, and among the several States, and with the Indian tribes ; To establish an uniform rule of naturalization, and uni- form laws on the subject of bankruptcies throughout the United States; To coin money, regulate the value thereof and of foreign com, and fix the standard of weights and measures ; ^ To provide for the punishment of counterfeiting the secu- rities and current coin of the United States ; To establish post-offices and post-roads; To^ promote the progress of science and useful arts by securing for limited times to authors and inventors the' ex- clusive right to their respective writings and discoveries ; To constitute tribunals inferior to the Supreme Court ; To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations ; To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water; To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years ; To provide and maintain a navyj 40 THE CONSTITUTION. To make rules for the government and regulation of the land and naval forces ; To provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel inva- To' provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be em ployed in the service of the United States, reserving to the States respectively the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress ; To exercise exclusive legislation, in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like authority over all places purchased by the consent of the Legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings ; and To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the Government of the United States, or in any department or officer thereof. Sec. 9. The migration or importation of such persons us any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dolldfrs for each person. The privilege of the Writ of Habeas Corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it. No bill of attainder or ex post facto law shall be passed. No capitation, or other direct tax shall be laid, unless in proportion to the census or enumeration hereinbefore directed to be taken. No tax or duty shall be laid on articles exported from any State. No preference shall be given by any regulation of com- merce or revenue to the ports of one State over those of THE CONSTITUTION. 41 another ; nor shall vessels bound to or from one State, be obliged to enter, clear, or pay duties in another. No money shall be drawn from the treasury but in con- sequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time. No title of nobility shall be granted by the United States : And no person holding any office of profit or trust under them shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind what- ever, from any king, prince, or foreign State. Sec. 10. No State shall enter into any treaty, alliance, or confederation ; grant letters of marque or reprisal ; coin money ; emit bills of credit ; make any thing but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obliga- tion of contracts, or grant any title of nobility. No State shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws; and the net produce of all duties and imposts, laid by any State on imports or exports, shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the Con- gress. No State shall, without the consent of Congress, lay any duty of tonnage, keep troops, or ships of war in time of peace, enter into any agreement or compact with another State, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. ARTICLE II. Section 1. The Executive Power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice-President, chosen for the same term, be elected as follows : Each State shall appoint, in such manner as the Legis- lature thereof mav direct, a number of electors equal to 4 42 THE CONSTITUTION. the number of Senators and Representatives to whicli the State may be entitled in the Congress ; but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector. [The electors shall meet in their respective States, and vote by ballot for two persons — of one at least shall not be an inhabitant of the same State with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each; which list they shall sign and certify, and transmit, sealed, to the seat of the Gov- ernment of the United States, directed to the President of the Senate. The President of the Senate shall, in the pres- ence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole num- ber of electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the House of Representatives shall immedi- ately choose by ballot one of them for President; and if no person have a majority, then from the five highest on the list the said House shall, in like manner, choose the President. But, in choosing the President, the votes shall be taken by States, the representation from each State hav- ing one vote. A quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. In every case, after the choice of the President, the per- son having the greatest number of votes of the electors shall be the Vice-President. But if there should remain two or more who have equal votes, the Senate shall choose from them by ballot the Vice-President.*] The Congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the United States. No person, except a natural born citizen, or a citizen of the United States at the time of the adoption of this Con- stitution, shall be eligible to the office of President ; nei- « This clause has been repealed and annuled by tlie 12tli amendment. THE CONSTITTJTION. 43 ther shall any person be eligible to that office who sball not have attained to the age of tbirty-five years, and been fourteen years a resident within the United States. In ease of the removal of the President from office, or of his death, resignation, or inability to discharge the pow- ers and duties of the said office, the same shall devolve on the Vice-President ; and the Congress may by law provide for the case of removal, death, resignation, or inability, both of the President and Vice-President, declaring what officer shall then act as President ; and such officer shall act ac- cordingly until the disability be removed, or a President shall be elected. The President shall, at stated times, receive for his serv- ices a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected ; and he shall not receive within that period any other emolument from the United States, or any of them. Before he enter on the execution of his office, he shall take the following oath or affirmation : " I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will, to the best of my ability, preserve, protect, and defend the Constitution of the United States." Sec. 2. The President shall be Commander-in-Chief of the Army and Navy of the United States, and of the militia of the several States when called into the actual service of the United States ; he may require the opinion, in writing, of the principal officer in each of the Execu- tive Departments, upon any subject relating to the duties of their respective offices ; and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment. He shall have power, by and with the advice and con- sent of the Senate, to make treaties, provided two-thirds of the Senate present concur ; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint Embassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other officers of the United States whose appointments are not herein otherwise 44 THE CONSTITUTION. provided for, and wHdi shall be established by law; but the Congress may by law vest the appointment of such in- ferior officers as they think proper in the President alone, in the Courts of Law, or in the Heads of Departments. The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by grant- ing commissions, which shall expire at the end of their next session. Sec. 3. He shall, from time to time, give to the Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge neces- sary and expedient; he ma^, on extraordinary occasions, convene both Houses, or either of them ; and, in case of disagreement between them with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive Embassadors and other public Ministers; he shall take care that the laws be faithfully executed, and shall commission all the offi- cers of the United States. Sec. 4. The President, Vice-President, and all Civil Officers of the United States, shall be removed from office on impeachment for, and conviction of. Treason, Bribery, or other high Crimes and Misdemeanors. ARTICLE III. Section 1. The judicial power of the United States shall be vested in one Supreme Court, and in such infe- rior Courts as the Congress may from time to time ordain and establish. The Judges, both of the Supreme and in- ferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a com- pensation, which shall not be diminished during their con- tinuance in office. Sec. 2. The judicial power shall extend to all cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their authority; to all cases a£fecting Embas- sadors, other public Ministers, and Consuls; to all cases of admiralty and maritime jurisdiction ; to controversies to which the United States shall be a party ; to controversies THE CONSTITUTION. 45 between two or more States ; between a State and citizens of another State ; between citizens of different States ; be- tween citizens of the same State claiming lands under grants of different States; and between a State, or the citizens thereof, and foreign States, citizens, or subjects. In all cases affecting Embassadors, other public Minis- ters and Consuls, and those in which a State shall be a party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions and under such regulations as the Congress shall make. The trial of all crimes, except in cases of Impeachment, shall be by jury ; and such trial shall be held in the State where the said crimes shall have been committed ; but when not committed within any State, the trial shall be at such place or places as the Congress may by law have directed. Sec. 3. Treason against the United States shall consist only in levying war against them, or adhering to their en- emies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two wit- nesses to the same overt act, or on confession in open Court. The Congress shall have power to declare the punish- ment of treason, but no Attainder of Treason shall work corruption of blood, or forfeiture, except during the life of the person attainted, ATITICLE IV. Section 1. Full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every other State. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof. Sec. 2. The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States. A person charged in any State with treason, felony, or other crime, who shall flee from justice, and be found in another State, shall, on demand of the executive authority 46 THE CONSTITUTION. of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime. No person held to service or labor in one State, under the laws thereof, escaping into another, shall, in conse- quence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due. Sec. 3. New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the jurisdiction of any other State ; nor any State be formed by the junction of two or more States or parts of States without the consent of the Legislatures of the States concerned, as well as of the Congress. The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or any particular State. Sec. 4. The United States shall guarantee to every State in this Union a republican form of Grovernment, and shall protect each of them against invasion; and on applica- tion of the Legislature, or of the Executive (when the Leg- islature can not be convened), against domestic violence. ARTICLE V. The Congress, whenever two-thirds of both Houses shall deem it necessary, shall propose amendments to the Consti- tution, or, on the application of the Legislatures of two- thirds of the several States, shall call a convention for pro- posing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the Legislatures of three-fourths of the several States, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the Congress ; Provided^ that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner aff'ect the first and fourth clauses in -the ninth section of the first article ; and that no State, without its consent, shall be deprived of its equal suffrage io iW Senate* THE CONSTITUTION. 47 ARTICLE VI. All debts contracted and engagements entered into before tbe adoption of this Constitution, shall be as valid against the United States, under this Constitution, as under the Confederation. Tliis Constitution and the la^sYs of the United States which shall be made in pursuance thereof, and all Treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land ; and the Judges in every State shall be bound thereby, any thing in the Coustitution or laws of any State to the contrary notwith- standing. The Senators and Representatives before mentioned, and the members of the several State Legislatures, and all ex- ecutive and judicial officers, both of the United States and of the several States, shall be bound by oath or affirmation to support this Constitution ; but no religious test shall ever be required as a qualification to any office or public trust under the United States. ARTICLE VII. The ratification of the conventions of nine States shall be sufficient for the establishment of this Constitution be- tween the States so ratifying the same. Done in convention, by the unanimous consent of the States present, the seventeenth day of September, in the year of our Lord one thousand seven hundred* and eighty- seven, and of the Independence of the United States of America the twelfth. In Witness whereof, we have here- unto subscribed our names. GEO. WASHINGTON, PresH and Deputy from Virginia. New Hampshire, John Langdon, Nicholas Guzman Massachusetts. Nathaniel Gorham, Rijftjs Kino. Connecticut. Wm. Saml. Johnson, Roger Shermaw. 48 THE CONSTITUTION. New York, Alexander Hamilton. WiL. Livingston, Wm. Paterson, B. Franklin, RoBT. Morris, Tho. Fitzsimons, James Wilson, Geo. Read, John Dickinson, Jaco. Broom, Tames M' Henry, )anl. Carroll, John Blair, Wm. Blount, Hu. Williamson, J. Rtjtledgb, Charles Pinoknby, WiLLLAM Few, Attest: New Jersey. David Breaelet, JoNA. Dayton. Pennsylvania. . Thomas Mifflin, Geo. Clymer, Jared Ingersoll, Gouv. Morris. Delaware. Gunning Bedford, Jun'e, Richard Bassett. Maryland. Dan. op St. Thos. Jenifer. Virginia. James IIadison, Jr. North Carolina. Rioh'd Dobbs Spaiqht- South Carolina. Charles Cotesworth Pinokney Pierce Butler. Georgia. Abe. Baldwin. WDjLIAM JACKSON, Secretary, THE CONSTITUTION. 49 AKTICLES, In addition to, and amendment of, the Constitution of the United States of America, proposed by Congress, and ratified by the Legis- latures of the several States, pursuant to the fifth article of the orig- inal Constitution. ARTICLE I. Congress shall make no law respecting an establishnient of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press ; or the right of the people peaceably to assemble, and to petition the Grovernment for a redress of grievances. ARTICLE II. A well-regulated Militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed. ARTICLE III. No soldier shall, in time of peace, be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. ARTICLE IV. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrant shall issue but upon probable cause, supported by oath or affirm- ation, and particularly describing the place to be searched, and the persons or things to be seized. ARTICLE V. No person shall be held to answer for a capital, or other- wise infamous crime, unless on a presentment or indictment of a G-rand Jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger ; nor shall any person be sub- ject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to b© 5 50 THE CONSTITUTION. a witness against himself, nor be deprived of life, liberty, or property, without due process of law ; nor shall private property be taken for public use. without just compensation. ARTICLE VI. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascer- tained by law and to be informed of the nature und cause of the accusation to be confronted with the witnesses against him; to have compulsory process for obtaining wit- nesses in his favor, and to have the assistance of counsel for his defense. ARTICLE VII. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be other- wise reexamined in any Court of the United States, than according to the rules of the common law. ARTICLE VIII. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. ARTICLE IX. The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the people. ARTICLE X. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are re- served to the States respectively, or to the people. ARTICLE XI. The judicial power of the United States shall not be con strued to extend to any suit in law or equity, commence i or prosecuted against one of the United States by citizei d THE CONSTITUTION. 51 of another State, or by citizens or subjects of anv forei«^n State. ^. ARTICLE XII. Tbe Electors shall meet in their respective States, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same State with themselves ; they shall name in their ballot the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and all persons voted for as^ Vice-President, and of the number of votes for each, which lists they shall sign and certify, and trans- mit sealed to the seat of government of the United States, directed to the President of the Senate : — The President of the Senate shall, in presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted; The person having the greatest number of votes for President shall be the President, if such num- ber be a majority of the whole number of Electors ap- pointed; and if no person have such majority, then from the persons having the highest numbers, not exceeding three, on the list of those voted for as President, the House of Representatives shall choose immediately by ballot the President. But in choosing the President, the votes shall be taken by States, the representation from each State hav- ing one ; a quorum for this shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. And if the House of Representatives shall not choose a President, whenever the right of choice shall devolve upon them, be- fore the fourth day of March next following, then the Vice- President shall act as President, as in the case of the death or other constitutional disability of the President. The person having the greatest number of votes as Vice-Pres- ident,^ shall be the Vice-President, if such number be a majority of the whole number of electors appointed; and if no person have a majority, then, from the two highest numbers on the list, the Senate shall choose the Vice-Pres- ident ; a quorum for the purpose shall consist of two-thirds U. r F ILL LiB. 52 THE CONSTITUTION. of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no per- son constitutionally ineligible to the office of President, shall be eligible to that of Vice-President of the United States. ARTICLE Xm. " Section 1. Neither slavery nor involuntary servi- tude, except as a punishment for crime, whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. " Sec. 2. Congress shall have power to enforce this Article by appropriate legislation, approved February 1, 1863." ARTICLE XTV. Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the lav/s. Sec. 2. Eepresentatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, ex- cluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, representatives m Congress, the executive and judicial officers of a State, or . the members of the legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion or other crime" the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State. Sec. 3. No person shall be a senator or representative THE CONSTITUTION. 53 in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or. under any State, who, having previously taken an oath, as a member of Congress,' 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 Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof But Congress may, by a vote of two-thirds of each house, remove such disability. Sec. 4. The validity of the pubhc debt of the United States, authorized by law, including debts incurred for the payment of pensions and boimties for services in sup- pressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrec- tion or rebellion against the United States, or any claim for the loss or emancipation of any slave ; but all such debts, obligations and claims shall be held illegal and void. Sec. 5. The Congress shall haA^e power to enforce, by appropriate legislation, the provisions of this Article. The Amendment passed the Senate by a vote of 33 yeas to 11 nays, and tlie House by a vote of 138 yeas to 36 nays. AETICLE XV. Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previ- ous condition of servitude. Sec. 2. The Congress shall have pov^er to enforce this article by appropriate legislation. The Constitution was adopted on the 17th of September, 1787, by the convention appointed in pursuance of the Resolution of the Congress of the Confederation, of the 21st February, 1787, and ratified by the conventions of the several States, as follows : 54 THE CONSTITUTION. By Convention of Delaware. Ttli December, 1787 " Pennsylvania 12th December, 1787 " New Jersey 18tb December, 1787 " " Georgia 2d January, 1788 " Connecticut 9th January, 1788 « " Massachusetts 6th February, 1788 Maryland 28th April, 1788 South Carolina 28th May, 1788 " New Hampshire 21st June, 1788 Virginia. 26th June, 1788 New York . , 26th July, 1788 « " North Carolina. . .21st November, 1789 Ehode Island. ........ .29th May, 1790 The first ten of the Amendments were proposed on the 25th September, 1789, 'and ratified by the constitutional number of States on the 15th December, 1791 ; the elev- enth, on the 8th January, 1798 ; the twelfth, on the 25th September, 1804; the thirteenth, on the 1st February, 1863; the fourteenth, on the 21st July, 1868; and the fifteenth, on 'the 30th March, 1870. WASHINGTON'S RESIGNATION OF HIS COBIMISSION. The War of tlie Kevolution having terminated auspic- iously, Washington took leave of his officers and army at New York, and repaired to Annapolis, Md., where Con- gress was then in session. On the 20th of December, 1783, he transmitted a letter to that body apprising them of his arrival, with the intention of resignmg his commis- sion, and desiring to know whether it would be most agreeable to receive it in writing or at an audience. It was immediately resolved that a public entertainment be given him on the 22d, and tliat he be admitted to an audi- ence on the 23d, at 12 o'clock. Accordingly, he attended at that time, and, being seated, the President informed him that Congress were prepared to receive his communi- cations. Whereupon he arose, and spoke as follows : " Me. Peesidext : — The great events on which my resignation depended having at length taken place, I have novv^ the honor of offering my sincere congratulations to Congress, and of presenting myself before them, to surren- der into theh^ hands the trust committed to me, and to claim the indulgence of retiring from the service of my country. "Happy in the confirmation of our independence and sovereignty, and pleased with the opportunity afforded the United States of becoming a respectable nation, I resign with satisfaction the appointment I accepted with diffi- dence : a diffidence in my abilities to accomplish so arduous a task ; which, however, v>^as superseded by a confidence in the rectitude of our cause, the support of the supreme power of the Union, and the patronao-e of Heaven. "The successful termination of the Avar has verified the most sanguine expectations; and my gratitude for the interposition of Providence, and the assistance I have 55 56 Washington's besignation. received from my countrymen, increases with every review of the momentous contest. / While 1 repeat my obhgations to the army in general, I should do injustice to my own feelings not to acknowlr edge, in this place, the peculiar services and distinguished merits of the gentlemen who have been attached to my person during the war. It was impossible the choice of confidential ofiicers to compose my family should have been more fortunate. Permit me, sir, to recommend, in particular, those who have continued in the service to the present moment, as worthy of the favorable notice and patronage of Congress. "I consider it an indispensable duty to close this last act of my official life by commending the interests of our dearest comitry to the protection of Almighty God, and those who have the superintendence of them to his holy keeping. Having now finished the work assigned me, I retire from the great theater of action, "and bidding an affec- tionate farewell to this august body, under whose orders I have so long acted, I here offer my commission, and take my leave of all the employments of public life." WASHINGTON'S INAUGURAL ADDRESS. Itl accordance with previous arrangements, General Washington met Congress in New York, on the 30th of April, 1789, for the purpose of being inaugurated as the first President of the United States. The oath of office having been administered by the Chancellor of the State of New York, in presence of the Senate and House of Kepresentatives, the President delivered the following Inaugural Address : " Felhw-dtizens of the Senate and of the House of Bepresen- tatives : * 'Among the vicissitudes incident to life, no event could have filled me with greater anxieties than that of which the notification was transmitted by your order, and received on the 14th day of the present month. On the one hand, I was summoned by my country, whose voice I can never hear but with veneration and love, from a retreat which I had chosen with the fondest predilection, and, in my flattering hopes, with an immutable decision, as the asylum of my declining years — a retreat which was rendered every day more necessary, as well as more dear to me, by the addition of habit to inclination, and of frequent inter- ruptions in my health, to the gradual waste committed on it by time. On the other hand, the magnitude and diffi- culty of the trust to which the voice of my country called me, being sufficient to awaken, in the wisest and most experienced of her citizens, a distrustful scrutiny into his qualifications, could not but overwhelm with despondency one who, inheriting inferior endowments from nature, and unpracticed in the duties of civil administration, ought to be peculiarly conscious of his own deficiencies. In this conflict of emotion, all I dare aver is, that it has been my faithful study to collect my duty from a just appreciation 57 58 Washington's inaugural address. of every circumstance by wliich it might be affected. All I dare hope is, that if, in executing' this task, I have been fcoo much swayed by a grateful remembrance of former instances, or by an affectionate sensibility to this trans- cendent proof of the confidence of my fellow-citizens, and have thence too little consulted my incapacity as well as disinclination for the weighty and untried cares before me, my error will be palliated by the motives wdiich misled nie, and its consequences be judged by my country, with some share of the partiality in which they originated. " Such being the impressions under which I have, in obedience to the public summons, repaired to the present station, it would be peculiarly improper to omit, in this first ofiicial act, my fervent supplications to that Almighty Being who rules over the universe — who presides in the councils of nations — and whose providential aids can supply every human defect, that his benediction may consecrate to the liberties and happiness of the people of the United States — a government instituted by themselves for these essential purposes — and may enable every instrument employed in its administration to execute with success the functions allotted to his charge. In tendering this homage to the Great Author of every public and private good, I assure myself that it expresses your sentiments not less than my own ; nor those of my fellow-citizens at large, less than either. No people can be bound to acknowledge and adore the invisible hand which conducts the affairs of men more than the people of the United States. Every step by which they have advanced to the character of an independent nation seems to have been distinguished by some token of providential agency ; and in the important revolution just accomplished in the system of their united government, the tranquil deliberations, and voluntary con- sent of so many distinct communities, from whicli the event has resulted, can not be compared with the means by which most governments have been established without some return of pious gratitude, along with an humble anticipation of the future blessings which the past seem 10 [presage. These reflections, arising out of the present crisis, have forced themselves too strongly on my mind to Washington's inaugural address. be suppressed. You will join witli me, I trust, in think- ing that there are none under the influence of which the proceedings of a new and free government can more auspiciously commence. " By the article establishing the executive department, it is made the duty of the President ' to recommend to your consideration such measures as he shall judge neces- sary and expedient.' The chcumstances under which 1 now meet you, will acquit me from not entering into that subject farther than to refer to the great constitutional charter under which you are assembled, and wjncn, m defining your powers, designates the objects to which your attention is to be given. It will be more consistent with those circumstances, and far more congenial with the feel- ings which actuate me, to substitute in place of a recom- mendation of particular measures, the tribute that is due to the talents, the rectitude, and the patriotism which adorn the characters selected to advise and adopt them. In these honorable quahfications I behold the surest pledges that as, on one side, no local prejudices or attachments, no separate views, nor party animosities, will misdirect the comprehensive and equal eye which ought to watch over this great assemblage of communities and interests; so, on another, that the foundations of our national policy will be laid in the pure and immutable principles of private moraUty; and the preeminence of free government be exemplified by all the attributes which can wm the afiec- tions of its citizens, and command the respect of the world. I dwell on this prospect with every satisfaction Avhich an ardent love for my country can inspire ; smce there is no truth more thoroughly estabhshed than that there exists in the economy and course of nature an indissoluble union between virtue and happiness — between duty and advan- tage—between the genuine maxims of an honest and magnanimous policy and the solid rewards of public pros- nerity and felicity ; since we ought to be no less persuaded that the propitious smiles of Heaven can never be expected on a nation that disregards the eternal rules of order and right, which Heaven itself has ordained ; and since the preservation of the sacred fire of liberty and the destiny 60 Washington's inaugural address. of the republican model of government are justly consid- ered as deeply, perhaps as finally, staked on the experi- ment intrusted to the hands of the American people. ''Besides the ordinary objects submitted to your care, it will remain with your judgment to decide how far an exercise of the occasional power delegated by the fifth article of the Constitution is rendered expedient at the present juncture by the natui-e of objections which have been urged agamst the system, or by the degree of inquie- tude which has given birth to them. Instead of under- taking particular recommendations on this subject, in which I could be guided by no fights derived from official opportunities, I shall again give way to my entire confi- dence in your discernment and pursuit of the public good ; for, I assure myself, that while you carefully avoid every alteration which might endanger the benefits of an united and efiective government, or which ought to await the future lessons of experience, a reverence for the charac- teristic rights of freemen, and a regard for the public harmony, will sufficiently influence your deliberations on the question, how far the former can be more impregnably fortified, or the latter be safely and advantageously pro- moted. ''To the preceding observations I have one to add, which will be most properly addressed to the House of Representatives. It concerns myself, and wiU, therefore, be as brief as possible : When I was first honored with a call into the service of my country, then on the eve of an arduous struggle for its liberties, the light in which I contemplated my duty required that I should renounce every^ pecuniary compensation. From this resolution I have in no instance departed, and, being stiU under the impressions which produced it, I must decline, as inajDpli- cable to myself, any share in the personal emoluments wdiich may be indispensably included in a permanent pro- vision for the executive department, and must accordingly pray that the pecuniary estimates for the station in which I am placed may, during my continuance in it, be limited to such actual expenditures as the public good may be thought to require. washln^gton's inaugural address. 61 Having thus imparted to you my sentiments, as they have been awakened by the occasion which brings us together, I shall take my present leave, but not without resorting once more to the benign Parent of the human race, in humble supphcation, that since he has been pleased to favor the American people with opportunities for delib- erating in perfect tranquillity, and dispositions for deciding with unparalleled unanimity on a form of government for the security of their Union and the advancement of their happiness, so his Divme blessing may be equaUy conspic- uous in the enlarged views, the temperate consultations, and the wise measures, on which the success of this gov- ernment must depend." WASHINGTON'S FAREWELL ADDRESS. Friends and Fellow- Citizens : The period for a new election of a citizen to administer the Executive Grovernment of the United States being not far distant, and the time actually arrived when your thoughts must he employed in designating the person who is to he clothed with that important trust, it appears to me proper especially as it may conduce to a more distinct expression of the public voice, that I should now apprise you of the res- olution I have formed, to decline being considered among the number of those out of whom a choice is to be made. I beg you, at the same time, to do me the justice to be assured that this resolution has not been taken without a strict regard to all the considerations appertaining to the relation which binds a dutiful citizen to his country ; and that, in withdrawing the tender of service, which silence in my situation might imply, I am influenced by no diminu- tion of zeal for your future interest; no deficiency of grateful respect for your past kindness, but am supported by a full conviction that the step is compatible with both. The acceptance of, and continuance hitherto in, the of- fice to which your suffrages have twice called me, have been a uniform sacrifice of inclination to the opinion of duty, and to a deference for what appeared to be your de- sire. I constantly hoped that it would have been much earlier in my power, consistently with motives which I was not at liberty to disregard, to return to that retirement from which I had been reluctantly drawn. The strength of my inclination to do this, previous to the last election, had even led to the preparation of an address to declare it to you ; but mature reflection on the then perplexed and critical posture of our affairs with foreign nations, and the unanimous adyice of persons entitled to my cod fidence imnelled me ta abandon the idea. 62 WASHINGTON S FAREWELL ADDRESS. 63 I rejoice tliat the state of your concerns, external as well as internal, no longer renders the pursuit of inclina- tion incompatible with the sentiment of duty or propriety ; and am persuaded, whatever partiality may be retained for my services, that, in the present circumstances of our country, you will not disapprove my determination to re- tire. The impressions with which T undertook the arduous trust were explained on the proper occasion. In the dis- charge of this trust, I will only say that I have with good intentions contributed toward the organization and admin- istration of the Government the best exertions of which a very fallible judgment was capable. Not unconscious in the outset of the inferiority of my qualifications, experi- ence, in my own eyes — perhaps still more in the eyes of others — has strengthened the motives to diffidence of my- self ; and every day the increasing weight of years admon- ishes me more and more, that the shade of retirement is as necessary to me as it will be welcome. Satisfied that if any circumstances have given peculiar value to my services, they were temporary, I have the consolation to believe that, while choice and prudence invite me to quit the political scene, patriotism does not forbid it. In looking forward to the moment which is intended to terminate the career of my public life, my feelings do not permit me to suspend the deep acknowledgment of that debt of gratitude which I owe to my beloved country for the many honors it has conferred upon me ; still more for the steadfast confidence with which it has supported me ; and for the opportunities I have thence enjoyed of mani- festing my inviolable attachment, by services faithful and persevering, though in usefulness unequal to my zeal. If benefits have resulted to our country from these services, let it always be remembered to your praise, and as an instructive example in our annals that, under circum- stances in which the passions, agitated in every direction, were liable to mislead ; amid appearances sometimes dubi- ous, vicissitudes of fortune often discouraging; in situa- tions in which, not unfrequently, want of success has countenanced the spirit of criticism — the constancy of your 64 Washington's farewell address. support '^as the essential prop of the efforts, and a guar- antee of the plans, by which they were effected. Pro- foundly penetrated with this idea, I shall carry it with me to my grave, as a strong incitement to unceasing vows, that Heaven may continue to you the choicest tokens of its be- neficence ; that your union and brotherly affection may be perpetual; that the free Constitution, which is the work of your hands, may be sacredly maintained ; that its ad- ministration, in every department, may be stamped with wisdom and virtue ; that, in fine, the happiness of the people of these States, under the auspices of liberty, may be made complete by so careful a preservation and so pru- dent a use of this blessing as will acquire to them the glory of recommending it to the applause, the affection, and the adoption of every nation which is yet a stranger to it. Here, perhaps, I ought to stop ; but a solicitude for your welfare, which can not end but with my life, and the apprehension of danger natural to that solicitude, urge me, on an occasion like the present, to offer to your sol- emn contemplation, and to recommend to your frequent review, some sentiments which are the result of much re- flection, of no inconsiderable observation, and which ap- pear to me all-important to the permanency of our felicity as a people. These will be afforded to you with the more freedom, as you can only see in them the disinterested warnings of a parting friend, who can possibly have no personal motive to bias his counsel ; nor can I forget, as an encouragement to it, your indulgent reception of my sentiments on a former and not dissimilar occasion. Interwoven as is the love of liberty with every ligament of your hearts, no recommendation of mine is necessary to fortify or confirm the attachment. The unity of government which constitutes you one peo- ple, is also now dear to you. It is justly so ; for it is a main pillar in the edifice of your real independence — the Bupport of your tranquillity at home, your peace abroad, of your safety, of your prosperity, of that very liberty which you so highly prize. But as it is easy to foresee that, from different causes and from different quarters, WASHINGTON'S FAREWELL ADDRESS. 65 inucli pains will be taken, many artifices employed, to weaken in your minds the conviction of tliis truth ; as this is the point in your political fortress against which the batteries of internal and external enemies will be most constantly and actively (though often covertly and insidi- ously) directed, it is of infinite moment that you should properly estimate t^ie immense value of your National Union to your collective and individual happiness ; that you should cherish a cordial, habitual, and immovable at- tachment to it; accustoming yourselves to think and speak of it as of the palladium of your political safety and pros- perity ; watching for its preservation with jealous anxiety; discountenancing whatever may suggest even a suspicion that it can, in any event, be abandoned ; and indignantly frowning upon the first dawning of every attempt to alienate any por- tion of our country from the rest, or to enfeeble the sacred ties which now link together the various parts. For this you have every inducement of sympathy and in- terest. Citizens by birth or choice, of a common country, that country has a right to concentrate your affections. The name of American, which belongs to you in your na- tional capacity- must always exalt the just pride of patri- otism, more than any appellation derived from local dis- criminations. With slight shades of difference, you have the same religion, manners, habits, and political principles. You have, in a common cause, fought and triumphed to- gether ; the independence and liberty you possess are the work of joint counsels and joint efforts — of common dan- gers, sufferings and successes. But these considerations, however powerfully they ad- dress themselves to your sensibility, are greatly outweighed by those which apply more immediately to your interest ; here every portion of our country finds the most command- ing motives for carefully guarding and preserving the union of the whole. The North, in an unrestrained intercourse with the South, protected by the equal laws of a common government, finds, in the productions of the latter, great additional resources of maritime and commercial enterprise, and precious materials of manufacturing industry. The South, in the same inter- 6 66 WASHINGTON'S FAREWELL ADDRESS. course, benefiting by tbe agency of the North, sees its ag- riculture grow and its commerce expand. Turning partly into its own channels the seamen of the North, it finds its particular navigation invigorated ; and while it contributes, in dilFerent ways, to nourish and increase the general mass of the national navigation, it looks forward to the protec- tion of a maritime strength to whichi itself is unequallj adapted. The East, in like intercourse with the West, al- ready finds — and in the progressive improvement of interior communication by land and water, will more and more find — a valuable vent for the commodities which it brings from abroad or manufactures at home. The West derives from the East supplies requisite to its growth and comfort ; and what is, perhaps, of still greater consequence, it must, of necessity, owe the secure enjoyment of indispensable out- lets for its own productions, to the weight, influence, and the future maritime strength of the Atlantic side of the Union, directed by an indissoluble community of interest as one nation. Any other tenure by which the West can hold this essential advantage, whether derived from its own separate strength, or from an apostate and unnatural' con- nection with any foreign power, must be intrinsically pre- carious. While, then, every part of our country thus feels an im- mediate and particular interest in union, all the parts com- bined can not fail to find, in the united mass of means and efi"orts, greater strength, greater resource, proportionately greater security from external danger, a less frequent in- terruption of their peace by foreign nations ; and .what is of inestimable value, they must derive from union an ex- emption from those broils and wars between themselves, which so frequently afflict neighboring countries, not tied together by the same government; which their own rival- ship alone would be sufficient to produce, but which oppo- site foreign alliances, attachments, and intrigues would stim- ulate and embitter. Hence, likewise, they will avoid the ne- cessity of those overgrown military establishments, which, un- der any form of government, are inauspicious to liberty, and which are to be regarded as particularly hostile to republican liberty ; in this sense it is that your union ought to be con- Washington's farewell address. 67 Bidered as a main prop of your liberty, and that the love of the one ought to endear to you the preservation of the other. These considerations speak a persuasive language to every reflecting and virtuous mind, and exhibit the contin- uance of the Union as a primary object of patriotic desire. Is there a doubt, whether a common government can em- brace so large a sphere? Let experience solve it. To listen to mere speculation, in such a case, were criminal. We are authorized to hope, that a proper organization of the whole, with the auxiliary agency of governments for the respective subdivisions, will afford a happy issue to the experiment. It is well worth a fair and full experiment. With such powerful and obvious motives to Union, affect- ing all parts of our country, while experience shall not have demonstrated its impracticability, there will always be reason to distrust the patriotism of those who, in any quarter, may endeavor to weaken its bands. In contemplating the causes which may disturb our Union, it occurs, as a matter of serious concern, that any ground should have been furnished for characterizing parties by geographical discriminations — Northern and Southern, Atlantic and Western — whence designing men may endeavor to excite a bolief that there is a real differ- ence of local interests and views. One of the expedients of party to acquire influence within particular districts, is to misrepresent the opinions and aims of other districts. You can not shield yourself too much against the jeal- ousies and heart-burnings which spring from these misrep- resentations ; they tend to render alien to each other those who ought to be bound together by fraternal affection. The inhabitants of our western country have lately had a useful lesson on this head ; they have seen in the negoti- ation of the Executive, and in the unanimous ratification by the Senate, of the treaty with Spain, and in the uni- versal satisfaction at that event throughout the United States, a decisive proof how unfounded were the suspicions propagated among them of a policy in the G-eneral Grovern- uaent, and in the Atlantic States, unfriendly to their in- terests in regard to the Mississippi ; they have been wit- 68 WASHINGTON'S FAREWELL ADDRESS. nesses to the formation of two treaties — that with Great Britain, and that with Spain — which secure to them every thing they could desire in respect to our foreign relations, toward confirming their prosperity. Will it not be their wisdom to rely for the preservation of these advantages on the Union by which they were procured? Will they not henceforth be deaf to those advisers, if such there be, who would sever them from their brethren, and connect them with aliens ? To the efficacy and permanency of your Union, a Gov- ernment for the whole is indispensable. No alliance, how- ever strict between the parts, can be an adequate substitute ; they must inevitably experience the infractions and inter- ruptions which all alliances, in all time, have experienced. Sensible of this momentous truth, you have improved upon your first essay, by the adoption of a Constitution of Gov- ernment better calculated than your former for an intimate Union, and for the efficacious management of your common concerns. ^ This Government, the ofi'spring of our own choice, uninfluenced and unawed, adopted upon full investi- gation and mature deliberation, completely free in its prin- ciples, in the distribution of its powers, uniting security with energy, and containing within itself a provision for its own amendment, has a just claim to your confidence and your support. ^ Eespect for its authority, compliance with its laws, acquiescence in its measures, are duties enjoined by the fundamental maxims of true liberty. The basis of our political systems, is the right of the people to make and to alter their constitutions of Government; but the Constitution which at any time exists, till changed by an explicit and authentic act of the whole people, is sacredly obligatory upon all. The very idea of the power and the right of the people to establish Government, presupposes the duty of every individual to obey the established Gov- ernment. ^ All obstructions to the execution of the laws, all com- binations and associations, under whatever plausible char acter, with the real design to direct, control, counteract, or awe the regular deliberation and action of the constituted authorities, are destructive to this fundamental principle, Washington's farewell address. 69 and of fatal tendency. They serve to organize faction, to give it an artificial and extraordinary force, to put in the place of the delegated will of the nation the will of a party, often a small but artful and enterprising minority of the community ; and, according to the alternate triumphs of difierent parties, to make the public administration the mirror of the ill-concerted and incongruous projects of fac- tion, rather than the organ of consistent and wholesome plans, digested by common counsels, and modified by mu- tual interests. However combinations and associations of the above de- scription may now and then answer popular ends, they are likely, in the course of time and things, to become potent engines, by which cunning, ambitious, and unprincipled men, will be enabled to subvert the power of the people, and to usurp for themselves the reins of Government; de- stroying, afterward, the very engines which had lifted them to unjust dominion. Toward the preservation of your Grovernment, and the permanency of your present happy state, it is requisite, not only that you steadily discountenance irregular oppositions, to its acknowledged authority, but also that you resist, with care, the spirit of innovation upon its principles, however specious the pretexts. One method of assault may be to effect, in the forms' Constitution, alterations which will im- pair the energy of the system, and thus to undermine what can not be directly overthrown. In all the changes to which you may be invited, remember that time and habit are at least as necessary to fix the true character of G-ov- ernments as of other human institutions; that experience is the surest standard by which to test the real tendency of the existing constitution of a country; that facility in changes, upon the credit of mere hypothesis and opinion, exposes to perpetual change, from the endless variety of hypothesis and opinion; and remember, especially, that for the efficient management of your common interests, in a country so extensive as ours, a Government of as much vigor as is consistent with the perfect security of liberty, is indispensable. Liberty itself will find in such a Gov- ernment, with powers properly distributed and adjusted, its 70 Washington's farewell address. surest guardian. It is, indeed, little else tli'an a name, whcro the Grovernment is too feeble to withstand the enterprises of faction, to confine each member of the society within the limits prescribed by the laws, and to maintain all in the secure and tranquil enjoyment of the rights of person and property. I have already intimated to you the danger of parties in the State, with particular reference to the founding of them on geographical discriminations. Let me now take a more comprehensive view, and warn you, in the most solemn manner, against the baneful effects of the spirit of party generally. This spirit, unfortunately, is inseparable from our nature, having its root in the strongest passions of the human mind. It exists under different shapes, in all Grovernments, more or less stifled, controlled, or repressed; but in those of the popular form it is seen in its greatest rankness, and is truly their worst enemy. The alternate domination of one faction over another, sharpened by the spirit of revenge, natural to party dis- sension, which, in different ages and countries, has perpe- trated the most horrid enormities, is itself a frightful des- potism. But this leads, at length, to a more formal and permanent despotism. The disorders and miseries which result, gradually incline the minds of men to seek security and repose in the absolute power of an individual ; and, sooner or later, the chief of some prevailing faction, more able or more fortunate than his competitors, turns this dis- position to the purposes of his own elevation on the ruins of public liberty. Without looking forward to an extremity of this kind, (which, nevertheless, ought not to be entirely out of sight,) the common and continual mischiefs of the spirit of part^ are sufficient to make it the interest and duty of a wise people to discourage and restrain it. It serves always to distract the public counsels, and en- feeble the public administration. It agitates the commu- nity with ill-founded jealousies and false alarms ; kindles the animosities of one part against another ; foments, oc- casionally, riot and insurrection. It opens the door to WASHINGTON'S FAREWELL ADDRESS. 71 foreign influence and corruption, wMcli find a facilitated access to the Grovernment itself, through the channels of party passions. Thus the policy and the will of one coun- try are subjected to the policy and will of another. There is an opinion that parties, in free countries, are useful checks upon the administration of the Government, and serve to keep alive the spirit of liberty. This, within certain limits, is probably true; and in Governments of a monarchical cast, patriotism may look with indulgence, if not with favor, upon the spirit of party. But in those of the popular character, in Governments purely elective, it is a spirit not to be encouraged. From their natural tend- ency, it is certain there will always be enough of that spirit for every salutary purpose. And there being con- stant danger of excess, the effort ought to be, by force of public opinion, to mitigate and assuage it. A fire not to be quenched, it demands a uniform vigilance to prevent its bursting into a flame, lest, instead of warming, it should consume. It is important, likewise, that the habits of thinking, in a free country, should inspire caution in those intrusted with its administration to confine themselves within their respective constitutional spheres, avoiding in the exercise of one department, to encroach upon another. The spirit of encroachment tends to consolidate the powers of all the departments in one, and thus to create, whatever the form of Government, a real despotism. A just estimate of that love of power, and proneness to abuse it which predomi- nates in the human heart, is sufl&cient to satisfy us of the truth of this position. The necessity of reciprocal checks in the exercise of political power, by dividing and distrib- uting it into different depositories, and constituting each the guardian of public weal, against invasions by the others, has been evinced by experiments, ancient and modern, some of them in our own country, and under our own eyes. To preserve them must be as necessary as to insti- tute them. If, in the opinion of the people, the distribu- tion or modification of the constitutional powers be, in any particular, wrong, let it be corrected by an amendment in fclie way which the Constitution designates. But let there 72 Washington's farewell address. be no change by usurpation ; for thougb this, in one in- stance, may be the instrument of good, it is the customary weapon by which free Governments are destroyed. The precedent must always greatly overbalance, in permanent evil, any partial or transient benefit which the use can, at any time, yield. Of all the dispositions and habits which lead to political prosperity, religion and morality are indispensable supports. In vain would that man claim the tribute of patriotism, who should labor to subvert these great pillars of human hap- piness, these firmest props of the duties of men and citizens. The mere politician, equally with the pious man, ought to respect and to cherish them. A volume could not trace all their connections with private and public felicity. Let it simply be asked, Where is the security for property, for reputation, for life, if the sense of religious obligation desert the oaths which are the instruments of investigation in the courts of justice ? And let us with caution indulge the sup- position, that morality can be maintained without religion. Whatever may be conceded to the influence of refined edu- cation on minds of peculiar structure, reason and experience both forbid us to expect that national morality can prevail in exclusion of religious principles. It is substantially true, that virtue or morality is a nec- essary spring of popular Grovernment. The rule, indeed, extends with more or less force to every species of free Grov- ernment. Who, that is a sincere friend to it, can look with indifference upon attempts to shake the foundation of the fabric ? Promote, then, as an object of primary importance, in- stitutions for the general difiiision of knowledge. In pro- portion as the structure of a Grovernment gives force to pub- lic opinion, it is essential that public opinion should be en- lightened. As a very important source of strength and security, cherish public credit. One method to preserve it is to use it as sparingly as possible ; avoiding occasions of expense by cultivating peace, but remembering also that timely dis- bursements, to prepare for danger, frequently prevent much greater disbursements to repel it; avoiding, likewise^ the WASHINGTON'S FAREWELL ADDRESS. 73 accumulation of debt, not only by shunning occasion of ex- pense, but by vigorous exertions in time of peace to discbarge the debts which unavoidable wars may have occasioned, not ungenerously throwing upon posterity the burden which we ourselves ought to bear. The execution of these maxims belong to your representatives, but it is necessary that pub- lic opinion should co'operate. To facilitate to them the per- formance of their duty, it is essential that you should prac- tically bear in mind, that toward the payment of debts there must be revenue ; that to have revenue there must be taxes ; that no taxes can be devised which are not more or less in- convenient and unpleasant ; that the intrinsic embarrass- ment inseparable from the selection of the proper objects (which is always a choice of difficulties) ought to be a decisive motive for a candid construction of the conduct of the Government in making it, and for a spirit of acquiescence in the measures for obtaining revenue, which the public exi- gencies may at that time dictate. Observe good faith and justice toward all nations ; cul- tivate peace and harmony with all ; religion and morality enjoin this conduct: and can it be that good policy does not equally enjoin it ? It will be worthy of a free, enlightened, and, at no distant period, a great nation, to give to mankind the magnanimous and too novel example of a people always guided by an exalted justice and benevolence. Who can doubt that, in the course of time and things, the fruits of such a plan would richly repay any temporary advantag-es which might be lost by a steady adherence to it? Can it be that Providence has not connected the permanent felicity of a nation with its virtue ? The experiment, at least, is recom- mended by every sentiment which ennobles human nature. Alas! is it to be rendered impossible by its vices? In the execution of such a plan, nothing is more essen- tial than that permanent inveterate antipathies against par- ticular nations, and passianate attachment for others, should be excluded; and that, .in place of them, just and amicable feelings toward all should be cultivated. The nation which indulges toward another an habitual hatred, or an habitual fondness, is, in some degree, a slave. It is a slave to its animosity or its affection, either of which is sufficient to 7 74 WASHINGTON'S FAREWELL ADDRESS. lead it astray from its duty and its interest. Antipathy in one nation against another, disposes each more readily to of- fer insult and injury, to lay hold of slight causes of umbrage, and to be haughty and intractable when accidental or tri- fling occasions of dispute occur. Hence frequent collisions, obstinate, envenomed, and bloody contests. The nation, prompted by ill-will and resentment, sometimes impels to war the Grovernment contrary to the best calculations of pol- icy. The Grovernment sometimes participates in the national propensity, and adopts, through passion, what reason would reject ; at other times it makes the animosity of the nation subservient to projects of hostility, instigated by pride, am- bition, and other sinister and pernicious motives. The peace often, sometimes perhaps the liberty, of nations has been the victim. So, likewise, a passionate attachment of one nation to an- other produces a variety of evils. Sympathy for the favor- ite nation, facilitating the illusion of an imaginary common interest, in cases where no real common interest exists, and infusing into one the enmities of the other, betrays the for- mer into a participation in the quarrels and wars of the lat- ter, without adequate inducement or justification. It leads also to concessions to the favorite nation of privileges denied to others, which is apt doubly to injure the nation making the concessions ; by unnecessarily parting with what ought to have been retained, and by exciting jealousy, ill-will, and a disposition to retaliate in the parties from whom equal privi- leges are withheld ; and it gives to ambitious, corrupted, oi deluded citizens (who devote themselves to the favorite na- tion) facility to betray, or sacrifice the interest of their own country, without odium, sometimes even with popularity ; gilding with the appearance of virtuous sense of obligation, a commendable deference for public opinion, or a laudable zeal for public good the base or foolish compliances of am- bition, corruption, or infatuation. As avenues to foreign influence, in innumerable ways, such attachments are particularly alarming to the truly en- lightened and independent patriot. How many opportuni- ties do they afford to tamper with domestic factions, to practice the art of seduction, to mislead public opinion, to WASHINGTON'S FAREWELL ADDRESS. 75 influence or awe the pt-blic councils I Such an attachment of a small or weak, toward a great and powerful nation, dooms the former to be the satellite of the latter. Against the insidious wiles of foreign influence (I con- jure you to believe me, fellow-citizens) the jealousy of a free people ought to be constantly awake ; since history and ex- perience prove that foreign influence is one of the most baneful foes of Republican Government. But that jeal- ousy, to be useful, must be impartial, else it becomes the instrument of the very influence to be avoided, instead of a defense against it. Excessive partiality for one foreign nation, and excessive dislike for another, cause those whom they actuate to see danger only on one side, and serve to veil, and even second the arts of influence on the other. Real patriots, who may resist the intrigues of the favorite, are liable to become suspected and odious; while its tools and dupes usurp the applause and confidence of the people to surrender their interests. The great rule of conduct for us, in regard to foreign na- tions, is, in extending our commercial relations, to have with them as little political connection as possible. So far as we have already formed engagements, let them be fulfilled with perfect good faith. Here let us stop. Europe has a set of primary interests, which to us have none', or a very remote relation. Hence she must be en- gaged in frequent controversies, the causes of which are es- sentially foreign to our concerns. Hence, therefore, ii must be unwise in us to implicate ourselves, by artificial ties, in tne ordinary vicissitudes of her politics, or the ordinary combinations and collisions of her friendships or enmities. Our detached and distant situation invites and enables us to pursue a diff'erent course. If we remain one people, un- der an efficient Grovernment, the period is not far off when we may defy material injury from external annoyance ; when we may take such an attitude as will cause the neutrality we may at any time resolve upon, to be scrupulously respected ; when belligerent nations, under the impossibility of making acquisitions upon us, will not lightly hazard the giving us provocation; when we may choose peace or war, as our in- terest, guided by justice, shall counsel. 76 Washington's farewell address. Why forego the advantages of such a peculiar situation ? Why quit our own to stand upon foreign ground ? Why, by interweaving our destiny with that of any part of Europe, entangle our peace and prosperity in the toils of European ambition, rivalship, interest, humor, or caprice? It is our true policy to steer clear of permanent alliances with any portion of the foreign world; so far, I mean, as we are now at liberty to do it ; for let me not be understood as capable of patronizing infidelity to existing engagements. I hold the maxim no less applicable to public than to private affairs, that honesty is always the best policy.^ I repeat it, therefore, let those engagements be observed in their genu- ine sense. But, in my opinioji, it is unnecessary, and would be unwise to extend them. Taking care always to keep ourselves, by suitable estab- lishments, on a respectable defensive posture, we may safely trust to temporary alliances for extraordinary emergencies. Harmony and a liberal intercourse with all nations, are recommended by policy, humanity, and interest. But even our commercial policy should hold an equal and impartial hand ; neither seeking nor granting exclusive favors or pref- erences; consulting the natural course of things; diffusing and diversifying, by gentle means, the streams of commerce, but forcing nothing ; establishing, with powers so disposed, in order to give trade a stable course, to define the rights of our merchants, and to enable the G-overnment to sup- port conventional rules of intercourse, the best^ that pres- ent circumstances and mutual opinions will permit, but tem- porary, and liable to be, from time to time, abandoned or varied, as experience and circumstances shall dictate; con- stantly keeping in view, that it is folly in one nation to look for disinterested favors from another ; that it must pay, with a portion of its independence, for whatever it may accept ander that character ; that by such acceptance it may place itself in the condition of having given equivalents for nom- inal favors, and yet of being reproached with ingratitude for not giving more. There can be no greater error than to expect, or calculate upon, real favors from nation to nation. It is an illusion which experience must cure, which a just pride ought to discard. Washington's farewell address. 77 In offering to you, my countrymen, these counsels of an old and affectionate friend, I dare not hope they will make the strong and lasting impression I could wish — that they will control the usual current of the passions, or prevent our nation from running the course which has hitherto marked the destiny of nations — but if I may even flatter myself that they may be productive of some partial benefit, some occasional good, that they may now and then recur to moderate the fury of party spirit, to warn against the mis- chief of foreign intrigues, to guard against the impostures of pretended patriotism, this hope will be a full recompense for the solicitude for your welfare by which they have been dictated. How far, in the discharge of my official duties, I have been guided by the principles which have be«n delineated, the public records, and other evidences of my conduct, must witness to you and the world. To myself the assurance of my own conscience is, that I have at least believed myself to be guided by them. • In relation to this still subsisting war in Europe, my proclamation of the 22d of April, 1793, is the index to my plan. Sanctioned by your approving voice, and by that of your Representatives in both Houses of Congress, the spirit of that measure has continually governed me, unin- fluenced by any attempts to deter or divert me from it. After deliberate examination, with the aid of the best lights I could obtain, I was v/ell satisfied that our country, under all the circumstances of the case, had a right to take — and was bound in duty and interest to take — a neutral posi- tion. Having taken it, I determined, as far as should de- pend upon me, to maintain it with moderation, persever- ance, and firmness. The considerations which respect the right to hold this conduct, it is not necessary on this occasion to detail. I will only observe that, according to my understanding of the matter, that right, so far from being denied by any of the belligerent powers, has been virtually admitted by all. The duty of holding a neutral conduct may be inferred, without any thing more, from the obligation which justice and humanity impose on every nation, in cases in which it 78 Washington's farewell address. is free to act, to maintain inviolate tlie relations of peace and amity toward other nations. The inducements of interest, for observing that conduct, will best be referred to your own reflections and experience. With me, a predominant motive has been to endeavor to gain time to our country to settle and mature its. yet recent institutions, and to progress, without interruption, to that degree of strength and consistency which is necessary to give it, humanly speaking, the command of its own for- tunes. Though in reviewing the incidents of my administration, I am unconscious of intentional error, I am, nevertheless, too sensible of my defects not to think it probable that I may have committed many errors. Whatever they may be, I fer- vently beseech the Almighty to avert or mitigate the evils to which they may tend. I shall also carry with me the hope, that my country will never cease to view them with indulgence ; and that, after forty-five years of my life dedi- cated to its service with an iTpright zeal, the faults of in- competent abilities will be consigned to oblivion, as myself must soon be to the mansions of rest. Relying on its kindness in this, as in other things, and actuated by that fervent love toward it which is so natural to a man who views in it the native soil of himself and his progenitors, I anticipate, with pleasing expectation, that retreat in which I promise myself to realize, without alloy, the sweet enjoyment of partaking, in the midst of my fel- low-citizens, the benign influence of good laws under a free Grovernment — the ever-favorite object of my heart — and the happy reward, as I trust, of our mutual cares, labors, and dangers. aEORGE WASHINGTON. United States, 17th September, 1796. MISSOURI SLAVERY COMPROMISE OF 1820. "When Missouri applied for admission into the Union, a proposition was started in Congress to prohibit the intro- duction of slavery into the new State. This had the effect of arraying the South against the North — the slavehold- ing against the non-slaveholding States — and the whole subject of slavery became the exciting topic of debate throughout the country. The question was finally settled by a Compromise, which tolerated slavery in Missouri, but otherwise prohibited it in all the territory of the United States north and west of the northern limits of Arkansas. As the principle then settled has often since been the prolific source of much sectional controversy and angry debate, and as it is desirable that every one should be familiar with the real provisions 'of the act by which Mis- souri was admitted, we have concluded to insert here so much of the law as is necessary to a full understanding of the subject. All the sections, except the following,- re- late entirely to the formation of the Missouri territory, in the usual form of territorial bills: "Sec. 8. That in all that territory ceded- by France to the United States, under the name of Louisiana, which lies north of thirty-six degrees and thirty minutes north latitude, not included within the limits of the State con- templated by this act, slavery and involuntary servitude, otherwise than in the punishment of crimes, whereof the parties shall be duly convicted, shall be, and is hereby, forever prohibited. Provided always, That any person es- caping into the same, from whom labor or service is law- fully claimed, in any State or Territory of the United States, such fugitive may be lawfully reclaimed and con- veyed to the person claiming his or her labor or service as aforesaid. 79 JACKSON'S PEOOLAMATION TO THE SOUTH CAROLINA NULLIFIERS. The President of the United States to the nullifiers of South Carolina : Whereas, A convention assembled in the State of Soutli Carolina have passed an ordinance, by wbicb they declare, " that the several acts and parts of acts of the Congress of the United States, purporting to be laws for the imposing of duties and imposts on the importation of foreign com- modities, and now having actual operation and effect within the United States, and more especially," two acts for the Bame purposes passed on the 29th of May, 1828, and on the 14th of July, 1832, " are unauthorized by the Consti- tution of the United States, and violate the true meaning and intent thereof, and are null and void, and no law," nor binding on the citizens of that State or its officers; and by the said ordinance, it is further declared to be unlawful, for any of the constituted authorities of the State or of the United States to enforce the payment of the duties imposed by the said acts with the same State, and that it is the duty of the Legislature to pass such laws as may be neces- sary to give full effect to the said ordinance : And, whereas. By the said ordinance, it is further or- dained that in no case of law or equity decided in the courts of said State, wherein shall be drawn in question the validity of the said ordinance, or of the acts of the Legislature that may be passed to give it effect, or of the said laws of the United States, no appeal shall be allowed to the Supreme Court of the United States, nor shall any copy of the record be permitted or allowed for that pur- pose ; and that any person attempting to take such appeal shall be punished as for a contempt of court : And, finally, the said ordinance declares that the people of South Carolina will maintain the said ordinance at every * 80 PROCLAMATION OF ANDREW JACKSON. 81 hazard ; and that they will consider the passage of any act, by Congress, abolishing or closing the ports of the said Rtat€, or otherwise obstructing the free ingress or egress of vessels to and from the said ports, or any other act of the Federal Grovernment to coerce the State, shut up her ports, destroy or harass her commerce, or to enforce the said act otherwise than through the civil tribunals of the country, as inconsistent with the longer continuance of South Caro- lina in the Union, and that the people of the said State will thenceforth hold themselves absolved from all further obli- gation to maintain or preserve their political connection with the people of the other States, and will forthwith proceed to organize a separate government and do all other acts and things which sovereign and independent States may of right do. And, whereas. The said ordinance prescribes to the peo- ple of South Carolina a course of conduct in direct viola- tion of their duty as citizens of the United States, contrary to the laws of their country, subversive of its Constitution, and having for its object the destruction of the Union — that Union, which, coeval with our political existence, led our fathers, without any other ties to unite them than those of patriotism and a coinmon cause, through a sanguinary struggle to a glorious independence — that sacred Union, hitherto inviolate, which, perfected by our hap^y Consti- tution, has brought us, by the favor of Heaven, to a state of prosperity at home, and high consideration abroad, rarely, if ever,, equaled in the history of nations. To preserve this bond of our political existence from destruction, to maintain inviolate this state of national honor and prosperity, and to justify the confidence my fellow-citizens have reposed in me, I, Andrew Jackson, President of the United States, have thought proper to issue this, my Proclamation, stating my views of the Constitution and laws applicable to the measures adopted by the Convention of South Carolina, and to the reasons they have put forth to sustain them, declaring the course which duty will require me to pursue, and, appeal- ing to the understanding and patriotism of the people, warn them of the consequences that must inevitably result from an observance of the dictates of the convention. 82 PROCLAMATION OP ANDREW JACKSON. Strict duty would require of me nothing more than the exercise of those powers with which I am now, or may here- after be invested, for preserving the peace of the Union, and for the execution of the laws. But the imposing aspect which opposition has assumed in this case, by clothing itself with State authority, and the deep interest which the peo- ple of the United States must all feel in preventing a resort to stronger measures, while there is a hope that any thing will be yielded to reasoning and remonstrance, perhaps de- mand, and will certainly justify, a full exposition to South Carolina and the nation of the views I entertain of this important question, as well as a distinct enunciation of the course which my sense of duty will require me to pur- sue. The ordinance is founded, not on the indefeasible right of resisting acts which are plainly unconstitutional, and too op- pressive to be endured ; but on the strange position that any one State may not only declare an act void, but prohibit its execution — that they may do this consistently with the Con- stitution — that the true construction of that instrument per- mits a State to retain its place in the Union, and yet be bound by no other of its laws than those it may choose to consider as constitutional. It is true, they add, that to justify this abrogation of law, it must be palpably contrary to the Con- stitution; but it is evident, that to give the right of resist- ing laws of that description, coupled with the uncontrolled right to decide what laws deserve that character, is to give the power of resisting all laws. For, as by the theory, there is no appeal, the reasons alleged by the State, good or bad, must prevail. If it should be said that public opin- ion is a sufficient check against the abuse of this power, it may be asked why it is not deemed a sufficient guard against an unconstitutional act of Congress ? There is, however, a restraint in this last case, which makes the assumed power of a State more indefensible, and which does not exist in the other. There are two appeals from an unconstitutional act passed by Congress — one to the judiciary, the other to the people and the States. There is no appeal from the State decision in theory, and the practical illustration show^s that the courts are closed against an application to revise it. PROCLAMATION OP ANDREW JACKSON. 83 both judges and jurors being sworn to decide in its favor. But reasoning on this subject is superfluous, wlaen our so- cial compact, in express terms, declares that the laws of the United States, its Constitution, and treaties made under it, are the supreme law of the land ; and, for the greater cau- tion, adds " that the judges in every State shall be bound thereby, any thing in the Constitution or laws of any State to the contrary notwithstanding." And it may be asserted, without fear of refutation, that no Federal Government could exist without a similar provision. Look for a moment to the consequence. If South Carolina considers the reve- nues unconstitutional, and has a right to prevent their ex- ecution in the port of Charleston, there would be a clear constitutional objection to their collection in every other port, and no revenue could be collected anywhere; for all imposts must be equal. It is no answer to repeat, that an unconstitutional law is no law, so long as the question of its legality is to be decided by the State itself; for every law operating injuriously upon any local interest will be, perhaps, thought, and certainly represented, as unconstitu- tional ; and, as has been shown, there is no appeal. If this doctrine had been established at an earlier day, the Union would have been dissolved in its infancy. The excise law in Pennsylvania, the embargo and non-intercourse law in the eastern States, the carriage tax in Virginia, were all deemed unconstitutional, and were more unequal in their operation than any of the laws now complained of; but for- tunately none of those States discovered that they had the right now claimed by South Carolina. The war into which we were forced to support the dignity of the nation and the rights of our citizens, might have ended in defeat and dis- grace instead of victory and honor, if the States who sup- posed it a ruinous and unconstitutional measure, had thought they possessed the right of nullifying the act by which it was declared, and denying supplies for its prosecution. Hardly and unequally as those measures bore upon several members of the Union, to the legislatures of none did this efficient and peaceable remedy, as it is called, suggest itself. The discovery of this important feature in our Constitution was reserved to the present day. To the statesmen of South S4: PROCLAMATION OP ANDREW JACKSON. Carolina belongs tlie invention, and upon the citizens of that State will unfortunately fall the evils of reducing it to prac- tice. If the doctrine of a State veto upon the laws of the Union carries with it internal evidence of its impracticable absurdity, our constitutional history will also afford abund- ant proof that it would have been repudiated with indigna- tion had it been proposed to form a feature in our G-ov- evnment. In our colonial state, although dependent on another power, we very early considered ourselves as connected by common interest with each other. Leagues were formed I'or common defense, and, before the Declaration of Inde- pendence, we were known in our aggregate character as the United Colonies of America. That decisive and im- portant step was taken jointly. We declared ourselves a nation by a joint, not by several acts, and when the terms of our Confederation were reduced to form, it was that of a solemn league of several States, by which they agreed that they would collectively form one nation for the pur- pose of conducting some certain domestic concerns and all foreign relations. In the instrument forming that Union is found an article which declares that " every State shall abide by the determination of Congress on all questions which, by that Confederation, should be submitted to them." Under the Confederation, then, no State could legally annul a decision of the Congress, or refuse to submit to its execution ; but no provision was made to enforce these de- cisions. Congress made requisitions, but they were not complied with. The Government could not operate on in- dividuals. They had no judiciary, no means of collecting revenue. But the defects of the Confederation need not be de- tailed. Under its operation we could scarcely be called a nation. We had neither prosperity at home nor consid- eration abroad. This state of things could not be endured, and our present happy Constitution was formed, but formed in vain, if this fatal doctrine prevails. It was formed for important objects that are announced in th^ preamble made PROCLAMATION OF ANDREW JACKSON. 85 in the name and by the authority of the people of the United States, whose delegates framed, and whose conven- tions approved it. The most important among those ob- jects, that which is placed first in rank, on which all others rest, is, " to form a more perfect Union." Now, is it pos- sible that even if there were no express provision giving supremacy to the Constitution and laws of the United States — can it be conceived, that an instrument made for the purpose of " forming a more perfect Union " than that of the Confederation, could be so constructed by the as- sembled wisdom of our country as to substitute for that Confederation a form of government dependent for its exr istence on the local interest, the party spirit of a State, or of a prevailing faction in a State? Every man of .plain, unsophisticated understanding, who hears the question, will give such an answer as will preserve the Union. Meta- physical subtlety, in pursuit of an impracticable theory, could alone have devised one that is calculated to destroy it. I consider, then, the power to annul a law of the United States, assumed by one State, incompatible with the exist- ence of the Union, contradicted expressly by the letter of the Constitution, unauthorized by its spirit, inconsistent with every principle on which it was founded, and destruc- tive of the great object for which it was formed. After this general view of the leading principle, we must examine the particular application of it which is made in the ordinance. The preamble rests its justification on these grounds : It assumes, as a fact, that the obnoxious laws, although they purport to be laws for raising revenue, were in reality in- tended for the protection of manufactures, which purpose it asserts to be unconstitutional ; that the operation of these laws is unequal ; that the amount raised by them is greater than is required by the wants of the Grovernment; and, finally, that the proceeds are to be applied to objects un- authorized by the Constitution. These are the only causes alleged to justify an open opposition to the laws of the country, and a threat of seceding from the Union, if any attempt should be made to enforce them. The first virtually acknowledges that the law in question was passed 86 PROCLAMATION OF ANDREW JACKSON. under a power expressly given by the Constitution to lay and collect imposts; but its constitutionality is diawn in question from the motives of those who passed it. How- ever apparent this purpose may be in the present case, nothing can be more dangerous than to admit the position that an unconstitutional purpose, entertained by the mem- bers who assent to a law enacted under constitutional power, shall make the law void: for how is that purpose ^to be as- certained? How often may bad purposes be falsely im- puted — in how many cases are they concealed by false pro- fessions — in how many is no declaration of motive made? Admit this doctrine, and you give to the States an uncon- trolled right to decide, and every law may be annulled under this pretext. If, therefore, the absurd and danger- ous doctrine should be admitted, that a State may annul an unconstitutional law, or one that it deems such, it will not apply to the present case. The next objection is, that the laws in question operate unequally. This objection may be made with truth to every law that has been or may be passed. The wisdom of man never yet contrived a system of taxation that would operate with perfect equality. If the unequal operation of a law makes it unconstitutional, and if all laws of that description may be abrogated by any State for that cause, then indeed is the Federal Constitution unworthy the slightest effort for its preservation. We have hitherto re- lied on it as the perpetual bond of our Union. We have received it as the work of the assembled wisdom of the nation. We have trusted to it as the sheet anchor of our safety in the stormy times of conflict with a foreign or domestic foe. We have looked to it with sacred awe as the palladium of our liberties, and with all the solemnities of religion have pledged to each other our lives and for- tunes here, aud our hopes of happiness hereafter, in its defense and support. Were we mistaken, my countrymen, in attaching this importance to the Constitution of our country? Was our devotion paid to the wretched, ineffi- cient, clumsy, contrivance which this new doctrine would make it? Did we pledge ourselves to the support of an airy nothing — a bubble, that must be blown away by the PROCLAMATION OF ANDREW JACKSON. 87 first breath of dissatisfaction? Was this self-destroying, visionary theory, the work of the profound statesmen, the exalted patriots, to whom the task of constitutional reform Tras intrusted? Did the name of "Washington sanction, did the States deliberately ratify such an anamoly in the history of fundamental legislation? No. We were not mistaken. The letter of this great instrument is free from this radical fault; its language directly contradicts the im- putation; its spirit — its evident intent, contradicts it. No, we did not err ! Our Constitution does not contain the ab- surdity of giving power to make laws, and another power to resist them. The sages whose memory will always be reverenced, have given us a practical, and, as they hoped, a permanent constitutional compact. The Father of his Country did not affix his revered name to so palpable an absurdity. Nor did the States, when they severally ratified it, do so under the impression that a veto on the laws of the United States, was reserved to them, or that they could exercise it by implication. Search the debates in all their conventions, examine the speeches of the most zealous opposers of federal authority, look at the amendments that were proposed ; they are all silent — not a syllable uttered, not a vote given, not a motion made, to correct the explicit supremacy given to the laws of the Union over those of the States, or to show that implication, as is now con- tended, could defeat it. No, we have not erred ! The Constitution is still the object of our reverence, the bond of our Union, our defense in danger, the source of our prosperity in peace; it shall descend as we received it, un- corrupted, by sophistical construction, to our posterity, and the sacrifices of local interest, of State prejudices, of per- sonal animosities, that were made to bring it into existence, will again be patriotically ofi'ered for its support. The two remaining objections made by the ordinance to these laws, are that the sums intended to be raised by them are greater than are required, and that the proce-eds will be unconstitutionally employed. The Constitution has given, expressly, to Congress the right of raising revenue, and of determining the sum the public exigencies will require. The States have no con- 88 PROCLAMATION OP ANDREW JACKSON. trol over the exercise of this right, other than that which results from the power of chaDging the representatives who abuse it, and thus procure redress. Congress may, undoubtedly, abuse this discretionary power ; but the same may be said of others with which they are vested. Yet this discretion must exist somewhere. The Constitu- tion has given it to the representatives of all the people, checked by the representatives of the States and by the executive pov/er. The South Carolina construction gives it to the legislature or the convention of a single State, where neither the people of the different States, nor the States in their separate capacity, nor the chief magistrate elected by the people, have any representation. Which is the most discreet disposition of the power? I do not ask you, fellow-citizens, which is the constitutional disposition ; that instrument speaks a languajge not to be misunderstood. But if you were assembled in general convention, which would you think the safest depository of this discretionary power in the last resort? Would you add a clause giving it to each of the States, or would you sanction the wise provisions already made by your Constitution? If this should be the result of your deliberations when providing for the future, are you, can you be ready to risk all that we hold dear to establish, for a temporary and a local pur- pose, that which you must acknowledge to be destructive, and even absurd, as a general provision? Carry out the consequences of this right vested in the different States, and you must perceive that the crisis your conduct pre- sents at this day would recur whenever any law of the United States displeased any of the States, and that we should soon cease to be a nation. The ordinance, with the same knowledge of the future that characterizes a former objection, tells you that the proceeds of the tax will be unconstitutionally applied. If this could be ascertained with certainty, the objection would, with more propriety, be reserved for the law so applying the proceeds, but surely can not be urged against the laws levying the duty. These are the allegations contained in the ordinance. Ex- amine them seriously, my fellow-citizens; judge for your* PROCLAMATION OF ANDREW JACKSON, 89 selves. I appeal to you to determine whether they are so clear, so convincing, as to leave no doubt of their correct- ness ; and even if you should come to this conclusion, how far they justify the reckless, destructive course which you are directed to pursue. Review these objections, and the conclusions drawn from them, once more, What are they? Every law, then, for raising revenue, according to the South Carolina ordinance, may be rightfully annulled, unless it be so framed as no law ever will or can be framed. Congress has the right to pass laws for raising a revenue, and each State has a right to oppose their execution — two rights directly opposed to each other ; and yet is this absurdity supposed to be contained in an instrument drawn for the express purpose of avoiding collisions between the States and the G-eneral Grovernment, by an assembly of the most enlightened statesmen and purest patriots ever embodied for a similar purpose. In vain have these sages declared that Congress shall have power to lay and collect taxes, duties, imposts, and excises; in vain have they provided that they shall have power to pass laws which shall be necessary and proper to carry those powers into execution ; that those laws and that Constitu- tion shall be the " supreme law of the land, and that the judges in every State shall be bound thereby, any thing in the Constitution or laws of any State to the contrary not- withstanding." In vain have the people of the several States solemnly sanctified these provisions, made them their paramount law, and individually sworn to support them whenever they were called on to execute any office. Yain provision ! ineffectual restrictions ! vile profanation of oaths ! miserable mockery of legislation ! if the bare majority of the voters in any one State may, on a real or supposed knowledge of the intent with which a law has been passed, declare themselves free from its operation — say here it gives too little, there too much, and operates unequally — here it suffers articles to be free that ought to be taxed — there it taxes those that ought to be free — in this case the proceeds are intended to be applied to purposes which we do not ap- prove — in that the amount raised is more than is wanted. Congress, it is true, is invested by the Constitution with 90 PROCLAMATION OF ANDREW JACKSON. the right of deciding these questions according to their sound discretion ; Congress is composed of the representatives of albthe States, and of all the people of all the States; but we, part of the people of one State, to whom the Constitu- tion has given no power on the subject, from whom it has expressly taken it away — we, who have solemnly agreed that this Constitution shall be our law — we, most of whom have sworn to support it — we now abrogate this law, and swear, and force others to swear that it shall not be obeyed ; and we do this, not because Congress have no right to pass such laws — this we do not allege — but because they have passed them with improper views. They are unconstitu- tional from the motives of those who passed them, which we can never with certainty know; from their unequal operation, although it is impossible, from the nature of things, that they should be equal ; and from the disposition which we presume may be made of their proceeds, although that disposition has not been declared. This is the plain meaning of the ordinance, in relation to laws which it ab- rogates for alleged unconstitutionality. But it does not stop there. It repeals, in express terms, an important part of the Constitution itself, and of laws passed to give it effect, which have never been alleged to be unconstitutional. The Constitution declares that the judicial powers of the United States extend to cases arising under the laws of the United States ; and that such laws, the Constitution and treaties, shall be paramount to the State Constitutions and laws. The judiciary act prescribes the mode by which the case may be brought before a court of the United States by appeal, when a State tribunal shall decide against this provision of the Constitution. The ordinance declares that there shall be no appeal, makes the State law paramount to the Con- stitution and laws of the United States, forces judges and jurors to swear that they will disregard their provisions, and even makes it penal in a suit to attempt relief by appeal. It further declares that it shall not be lawful for the author- ities of the United States, or of that State, to enforce the payment of duties imposed by the revenue laws within its limits. Here is a law of the United States, not even pretended PROCLAMATION OF ANDREW JACKSON. 91 to be unconstitutional, repealed by the authority of a small majority of the voters of a single State. Here is a provis- ion of the Constitution, which is solemnly abrogated by the same authority. On such expositions and reasonings, the ordinance grounds not only an assertion of the right to annul the laws, of which it complains, but to enforce it by a threat of seceding from the Union, if any attempt is made to execute tl m. This right to secede is deduced from the nature of the Constitution, which they say is a compact between sovereign States, who have preserved their whole sovereignty, and therefore are subject to no superior ; that because they made the compact, they can break it, when, in their opinion, it has been departed from by other States. Fallacious as this course of reasoning is, it enlists State pride, and finds ad- vocates in the honest prejudices of those who have not studied the nature of our government sufficiently to see the radical error on which it rests. The people of the United States formed the Constitu- tion, acting through the State Legislatures in forming the compact, to meet and discuss its provisions, and acting in separate conventions when they ratified those provisions ; but the terms used in its construction show it to be a gov- ernment in which the people of all the States collectively are represented. We are one people in the choice of -Pres- ident and Vice-President. Here tho States have no other agency than to direct the mode in which the votes shall be given. The candidates having a majority of all the votes are chosen. The electors of a majority of States may have given their votes for one candidate, and yet another may be chosen. The people, then, and not the States, are represented in the executive branch. In the House of Ptepresentatives there is this difi'er- ence: that the people of one State do not, as in the case of President and Vice-President, all vote for the same officers. The people of all the States do not vote for all the members, each State electing only its own Represent- atives. But this creates no national distinction,' When chosen, they are all Representatives of the United States, not representatives of the particular State from whence 92 PROCLAMATION OF ANDREW JACKSON. they come. They are paid by the United States, not bj the State ; nor are they accountable to it for any act done in the performance of their legislative functions ; and how- ever they may, in practice, as it is their duty to do, con- sult and prefer the interests of their particular constituents, when they come in conflict with any other partial or local interest, yet it is the first and highest duty of a Repre- sentative of the United States to promote the genera] good. The Constitution of the United States, then, forms a government^ not a league; and whether it be formed by compact between the States, or in any other manner, its character is the same. It is a government in which all the people are represented, which operates directly on the people individually, not upon the States ; they retained all the power they did not grant. But each State having expressly parted with so many powers, as to constitute jointly with the other States a single nation, can not, from that period, possess any right to secede, because such se- cession does not break a league, but destroys the unity of a nation ; and any injury to that unity is not only a breach, which would result from the contravention of a compact, but it is an offense against the whole Union. To say that any State may at pleasure secede from the Union, is to say that the United States are not a nation; because it would be a solecism to contend, that any part of a nation might dissolve its connection with the other parts, to their injury or ruin, without committing any offense. Secession, like any other revolutionary* act, may be morally justified by the extremity of oppression ; but to call it a constitu- tional right is confounding the meaning of the terms; and can only be done through" gross error, or to deceive those who are willing to assert a right, but would pause before they made a revolution, or incur the penalties consequent on a failure. Because the Union was formed by compact, it is said the parties to that compact may, when they feel them- selves aggrieved, depart from it ; but it is precisely be- cause it is a compact that they can not. A compact is an agreement or binding obli^ratioo. It may, by its terms, PEOCLAMATION OF AXDKEW JACKSON. 93 have a sanction or penalt)? for its breach, or it may not. If it contains no sanction, it niay be broken, with no other conse(iuences than moral guilt; if it have a sanction, then the breach incurs the designated or implied penalty. A league between independent nations generally has no sanc- tion other than a moral one; or, if it should contain a penalty, as there is no common superior, it can not be enforced. A government, on the contrary, always has a sanction, express or implied; and, in our case, it is both necessarily implied and expressly given. An attempt, by force of arms, to destroy a government, is an offense, by whatever means the constitutional compact may have been formed ; and such government has the right, by the law of self-defense, to pass acts for punishing the offender, unless that right is modified, restrained, or resumed by the constitutional act. In our system, although it is mod- ified in the case of treason, yet authority is expressly given to pass all laws necessary to carry its powers into effect ; and, under this grant, provision has beeen made for pun- ishing acts which obstruct the due administration of the laws. It would seem superfluous to add any thing to show the nature of that Union which connects us ; but as erroneous opinions on this subject are the foundation of doctrines the most destructive to our peace, I must give further de- velopment to my views on this subject. No one,_ fellow- citizens, has a higher reverence for the reserved rights of the States than the magistrate who now addresses you; no one would make greater personal sacrifices or official exer- tion to defend them from violation ; but equal care must be taken to prevent, on their part, an improper interfer- ence with, or resumption of, the rights they have vested in the nation. The line has not been so distinctly drawn as to avoid doubts, in some cases, of the exercise of power. Men of the best intentions and soundest views may differ in their construction of some parts of the Constitution ; but there are others on which dispassionate reflection can * leave no doubt. Of this nature appears to be the assumed right of secession. It rests, as we have seen, on the al- leged undivided sovereignty of the States, and on their 94 PROCLAMATION OF ANDREW JACKSON. having formed, in this sovereign capacity, a compact, which is called the Constitution, from which, because they made it, they have the right to secede. Both of these positions are erroneous, and some of the arguments to prove them so have been anticipated. The States severally have not retained their entire sov- ereignty. It has been shown that, in becoming parts of a nation, not members -of a league, they surrendered many of their essential parts of sovereignty. The right to make treaties, declare war, levy taxes, exercise exclusive judicial and legislative powers, were, all of them, functions of sov- ereign power. The States, then, for all these purposes, were no longer sovereign. The allegiance of their citi zens was transferred, in the first instance, to the Grovern- ment of the United States; they became American citi- zens, and owed obedience to the Constitution of the United States, and to laws made in conformity with the powers it vested in Congress. This last position has not been, and can not be, denied. How, then, can that State be said to be sovereign and independent whose citizens owe obedience to laws not made by it, and whose magistrates are sworn to disregard those laws when they come in conflict with those passed by another? What shows conclusively that the States can not be said to have reserved an undivided sovereignty is, that they expressly ceded the right to pun- ish treason— not treason against their separate power, but treason against the United States. Treason is an ofiense against sovereignty, and sovereignty must reside with the power to punish it. But the reserved rights of the States are not less sacred because they have, for their common interest, made the Greneral Government the depository of these powers. The unity of our political character (as has been shown for another purpose) commenced with its very existence. Under the royal government we had no separate charac- ter ; our opposition to its oppressions began as united col- onies. We were the United States, under the Confederation, and the name was perpetuated, and the Union rendered more* perfect by the Federal Constitution. In none of these stages did we consider ourselves in any other light than as form- PROCLAMATION OF ANDREW JACKSON. 95 ing one nation. Treaties and alliances were made in the name of all. Troops were raised for the joint defense. How, then, with all these proofs, that, under all changes of our position, we had, for designated purposes, and with defined powers, created national governments; how is it that the most perfect of those sevejal modes of union should now be considered as a mere league, that may be dissolved at pleasure? It is from an abuse of terms. "Compact" is used as synonymous with "league," al- though the true term is not employed, because it would at once show the ftillacy of the reasoning. It would not do to say that our Constitution was only a league; but it is' labored to prove it a compact (which in one sense it is), and then to argue that, as a league is a compact, every compact between nations must, of course, be a league, and that from such an engagement every sovereign power has a right to recede. But it has been shown that, in this sense, the States are not sovereign, and that even if they were, and the national Constitution had been formed by compact, there would be ho right in any one State to ex- onerate itself from its obligations. So obvious are the reasons which forbid this secession, that it is necessary only to allude to them. The Union was formed for the benefit of all. It was produced bj mutual sacrifices of interests and opinions. Can those sacrifices be recalled? Can the States, who magnanimously surrender their title to the territories in the West, recall the grant? Will the inhabitants of the inland States agree to pay the duties that may be imposed, v/ithout their as- sent, by those on the Atlantic or the Gulf for their own benefit? Shall there be a free port in one State, and on- erous duties in another? No one believes that any right exists, in a single State, to involve the others in these and countless other evils contrary to the engagements solemnly made. Every one must see that the other States, in self- defense, must oppose it, at all hazards. These are the alternatives that are presented by the convention : A repeal of all the acts for raising revenue, leaving the Government without the means of support, or an acquiescence in the dissolution of our Union by the 96 PROCLAMATION OF ANDREW JACKSON. secession of one of its members. Wten the first was pro- posed, it was known that it could not be listened to for a moment. It was known, if force was applied to oppose the execution of tbe laws, that it must be repelled by force ; that Congress could not, without involving itself in disgrace and the country in ruin, accede to the propo- sition ; and yet, if this is not done on a given day, or if any attempt is made to execute the laws, the State is, by the ordinance, declared to be out of the Union. The ma- jority of a convention, assembled for the purpose, have dictated these terms, or rather this rejection of all terms, in the name of the people of South Carolina. It is true that the Governor of the State speaks of the submission of their grievances to a convention of all the States, which, he says, they " sincerely and anxiously seek and desire." Yet this obvious and constitutional mode of obtaining the sense of the other States, on the construction of the Fed- ral compact, and amending it if necessary, has never been attempted by those who have urged the State on to this destructive measure. The State might have proposed to call for a general convention of the other States; and Congress, if a sufficient number of them concurred, must have called it. But the first magistrate of South Carolina, when he expressed a hope that, " on a review by Congress and the functionaries of the General Government of the merits of the controversy," such a convention will be ac- corded to them, must have known that neither Congress, nor any functionary of the General Government, has au- thority to call such a convention, unless it be demanded by two-thirds of the States. This suggestion, then, is another instance of the reckless inattention to the pro- visions of the Constitution with which this crisis has been madly hurried on ; or of the attempt to persuade the peo- ple that a constitutional remedy has been sought and re- fused. If the Legislature of South Carolina " anxiously desire" a general convention to consider their complaints, why have they not made application for it in the way the Constitution points out? The assertion that they "earn- estly seek" it is completely negatived by the omission. Thisj then, is the position in which we stand. A small PROCLAMATION OF ANDREW JACKSON. 97 majority of the citizens of one State in the Union have elected delegates to a State convention; that convention has ordained that all the revenue laws of the United States must be repealed, or that they are no longer a member of this Union. The Governor of that State has recommended to the Legislature the raising of an army to carry the seces- sion into effect, and that he may be empowered to give clearances to vessels in the name of the State. No act of violent opposition to the laws has yet been committed, but such a state of things is hourly apprehended ; and it is the intent of this instrument to proclaim, not only that the duty imposed on me by the Constitution "to take care that the laws be faithfully executed," shall be performed to the ex- tent of the powers already vested in me by law, or of such others as the wisdom of Congress shall devise and intrust to me for that purpose, but to warn the citizens of South Carolina, who have been deluded into an opposition to the laws, of the dange'r they will incur by obedience to the illegal and disorganizing ordinance of the conve^ltion ; to exhort those who have refused to support it to persevere in their determination to uphold the Constitution and laws of their country ; and to point out to all the perilous situ- ation into which the good people of that State have been led, and that the course they are urged to pursue is one of ruin and disgrace to the very State whose rights they affect to support. Fellow-citizens of my native State, let me not only ad- monish you, as the First Magistrate of our common coun- try, not to incur the penalty of its laws, but use the influ- ence that a father would over his children whom he saw rushing to certain ruin. In that paternal language, with that paternal feeling, let me tell you, my countrymen, that you are deluded by men who are either deceived them- selves, or wish to deceive you. Mark under what pretenses you have been led on to the brink of insurrection and trea- son, and on which you stand ! First, a diminution of the value of your staple commodity, lowered by over-produc- tion in other quarters, and the consequent diminution in the value of your lands, were the sole effect of the tariff laws. 9 98 PROCLAMATION OF ANDREW JACKSON. Tbe effect of those laws was confessedly iDjurioas, but the evil was greatly exaggerated by tbe unfounded theory you were taught to believe, that its burdens were in pro- portion to your exports, not to your consumption of im- ported articles. Your pride was roused by the assertion that a submission to those laws was a state of vassalage, and that resistance to them was equal, in patriotic merit, to the opposition our fathers offered to the oppressive laws of Great Britain. You were told that this opposition might be peaceably — might be constitutionally made; that you might enjoy all the advantages of the Union, and bear none of its burdens. Eloquent appeals to your passions, to your State pride, to your native courage, to your sense of real injury, were used, to prepare you for the period when the mask, which concealed the hideous features of disunion, should be taken off. It fell, and you were made to. look with complacency on objects which, not long since, you would have regarded with horror. Look back to the arts which have brought you to this stale — look forward to the consequences to which it must inevitably lead! Look back to what was first told you as an inducement to enter into this dangerous course. The great political truth was repeated to you, that you had the revolutionary right of resisting all laws that were palpably unconstitutional and intolerably oppressive; it was added that the right to nul- lify a law rested on the same principle, but that it was a peaceable remedy ! This character which was given to it, made you receive, with too much confidence, the assertions that were made of the unconstitutionality of the law and its oppressive effects. Mark, my fellow-citizens, that, by the admission of your leaders, the unconstitutionality must he palpable, or it will not justify either resistance or nulli- fication ! What is the meaning of the word palpable^ in the sense in which it is here used ? that which is appa- rent to every one ; that which no man of ordinary intellect will fail to perceive. Is the unconstitutionality of these laws of that description? Let those among your leaders who once approved and advocated the principle of protective duties, answer the question ; and let them choose whether they will be considered as incapable, then, of perceiving PROCLAMATION OF ANDREW JACKSON. 99 that which must have been apparent to every man of com- mon understanding, or as imposing on your confidence, and endeavoring to mislead you now. In either case, they are unsafe guides in the perilous path they urge you to tread. Ponder well on this circumstance, and you will know how to appreciate the exaggerated language they address to you. They are not champions of liberty, emulating the fame of our revolutionary fathers ; nor are you an oppressed people, contending, as they repeat to you, against worse than colo- nial vassalage. You are free members of a flourishing and happy Union. There is no settled design to oppress you. You have, in- deed, felt the unequal operation of laws which may have been unwisely, not unconstitutionally passed; but that in- equality must necessarily be removed. At the very mo- ment when you were madly urged on to the unfortunate course you have begun, a change in public opinion had commenced. The nearly approaching payment of the pub- lic debt, and the consequent necessity of a diminution of duties, had already produced a considerable reduction, and that, too, on some articles of general consumption in your State. The importance of this change was underrated, and you are authoritatively told that no'further alleviation of your burdens were to be expected at the very time when the condition of the country imperiously demanded such a modification of the duties as should reduce them to a iust and equitable scale. But, as if apprehensive of the effect of this change in allaying your discontents, you were pre- cipitated into the fearful state in which you now find your- selves. I have urged you to look back* to the means that were used to hurry you on to the position you have now as- sumed, and forward to the consequences it will produce. Something more is necessary. Contemplate the condition of that country of which you still form an important part. Consider its Government, uniting in one bond of common interest and general protection so many different States — ■ giving to all their inhabitants the proud title of American citizens; protecting their commerce; securing their litera- ture and their arts; facilitating their intercommunication; 100 PROCLAMATION OF ANDREW JACKSON. defending their frontiers, and making tlieir names respected in the remotest parts of the earth. Consider the extent of its territory; its increasing and happy population; its ad- vance in arts, ^vhich render life agreeable; and the sciences, ^hich elevate the mind ! See education spreading the lights of religion, morality, and general information into every cottage in this wide extent of our Territories and States ! Behold it as the asylum where the wretched and the op- pressed find a refuge and support! Look on this picture of happiness and honor, and say: " We, too, are citizens of America! Carolina is one of these proud States — her arms have defended — her best blood has cemented this happy Union ! " And then add, if you can, without horror and remorse, " this happy Union we will dissolve ^ this picture of peace and prosperity we will deface ; this free intercourse we will interrupt; these fertile fields we will deluge with blood; the protection of that glorious flag we renounce; the very name of Americans we discard." And for what, mistaken men — for what do you throw away these inesti- mable blessings? for what would you exchange your share in the advantages and honor of the Union? For the dream of separate independence — a dream interrupted by bloody conflicts with your neighbors, and a vile dependence on a foreign power. If your leaders could succeed in establish- ing a separation, what would be your situation? Are you united at home — are you free from the apprehension of civil discord, with all its fearful consequences? Do our neighboring republics, every day suffering some new revo- lution, or contending with some new insurrection — do they excite your envy ? But the dictates of a high duty obliges me solemnly to announce that you can not succeed. The laws of the United States must be executed. I have no discretionary power on the subject — my duty is emphatic- ally pronounced in the Constitution. Those who told you that you might peaceably prevent their execution, deceived you — they could not have been deceived themselves. They know that a forcible opposition could alone prevent the ex- ecution of the laws, and they know that such opposition must be repelled. Their object is disunion; but be not deceived by names; disunion, by armed force, is treason. PROCLAMATION 01^ ANDREW JACKSON. 101 Are you really ready to incur its guilt? If you are, on the heads of the instigators of the act be the dreadful con- sequences — on their heads be the dishonor, but on yours may fall the punishment; on your unhappy State will in- evitably fall all the evils of the conflict you force upon the government of your country. It can not accede to the mad project of disunion, of which you would be the first vic- tims — its First Magistrate can not, if he would, avoid the performance of his duty ; the conse-Destruction of Dismal Svramp canal completed. " 27.— Stars and Stripes raised over U. S. mint in N. O. Gen. Butler landed his troops near Fort St. Philip. April 28. — Forts Jackson and St. Philip surrender. May 7. — Pres. Lincoln visits Fortress Monroe and the fleet. " 9. — Confederates evacuate Pensacola and destroy the navy-yard. " 11. — Confederates blow up the "Merrimac." " 12. — Natchez surrendered to Com. Farragut. " 25. — Gen. Banks retreats from Winchester to Mar^ tinsburg. *' 26. — Additional troops called for by Government. Gen. Banks' army crosses the Potomac. Confiscation Act passed the House of Representatives. June 6. — Tax Bill passed U. S. Senate. " 20. — Porter, with 10 mortar-boats, arrived off Vicks- burg. 26. — ^Gen. Pope assigned to command of the Vir- ginia army. '* 27. — Bombardment of Vicksburg commenced, Fiemont relieved of his command, at his own request. July 1. — President Lincoln calls for 600,000 volunteers. " 3 1. — Gen. Halleck appointed commander of all land foA?es. " 22. — Siege of Yicksburg abandoned. 27. — Steamer "Golden Gate," from San Francisco burned — 230 passeno-ers, and 1| million treasure lost. Aug. 4.— Draft ordered for 300,000 militia. " 5. — Gen. Robt. McCook murdered, riding in an am bulance. " 20.-— Sioux Indians repulsed at Ft. Eidgely, Minn. CHRONOLOGICAL. RECORD. 205 1862. Sept. 2. — Martial-law declared in Cincinnati. " 5. — Confederate army commences crossing into Maryland. " 7. — McClellan takes command in person of Potomac Army, " 17.— Cumberland Gap evacuated by the Federals. " 22. — Pres. Lincoln issues his Emancipation Procla- mation. '* 24, — Convention of loyal Governors at Altoona, Penn. " 25. — Habeas Corpus suspended by the U. S. Govern- ment. " 29, — Gen. J, C. Davis kills Gen. Nelson at Louisville. Gen. Thomas succeeds Gen. Bueli in command. Oct. 10. — Confed. Gen. Stuart's cavalry reaches Cham- bersburg, Penn. " 30. — Gen. Mitchel died of yellow fever, at Beaufort, S. C. Nov, 5. — Gen. Burnside succeeds Gen. McClellan. " 15. — Gen. A. G. Hamilton app. Military Gov. of Texas. " 16. — Pres. Lincoln enjoins the observance of the Sabbath. " 18. — The "Alabama" escapes from Martinique. " 22. — All political state prisoners released, Dec. 6. — Gen. Banks' expedition sails from N. Y., for New Orleans. «' 16. — Gen. Banks succeeds Gen. Butler at New Orleans. " 17. — Union troops occupy Baton Rouge. " 31. — West Virginia admitted as a State. 1863. Jan. 1. — Pres. Lincoln declares all the slav.es in the Confederate States free. '< 9. — Exchange of 20,000 prisoners effected. " 10. — Bombardment of Galveston begun. " 11. — Gun-boat " Hatteras " sunk by the "Alabama." Feb. 12. — National Currency Bill passes the Senate. Mar. 21. — Death of Maj.-Gen. E. V. Sumner. April 7. — Ship "Morning Star" captured by the "Ala* bama." " 22-May 2. — Grier son's raid. May 8. — Col. Streight's command (1,700) captured. Confederate Gen. Van Dorn killed by Dr. Peters, «' 10.— Death of "Stonewall" Jackson. " 13. — Yazoo City captured by Union gun-boats. " 18. — Commencement of the battles before Vicksburg. " 25. — Confederate navy-yard destroyed at Yazoo City. " 28. — First colored regiment from the North leaves Boston. 206 AMERICAN mSTORICAL CHAET. 1863. June 1. — Gen. Gilmore succeeds Gen. Hunter in the South. " 2. — 3,000 Confederate prisoners arrive at Indianap- olis. " 17. — Kilpatrick defeats Fitzhugh Lee's cavalry bri- gade. " 21. — Lee makes his second invasion of Maryland. " 26. — Rear- Admiral Foote died in Nevr York. " 28. — Meade succeeds Hooker in command of Poto- mac army. July 4. — ^Vicksburg surrendered to the Union army. " 8. — Port Hudson, with 7,000 prisoners, surrendered to Banks. Gen, Morgan invades Indiana and captures Corydon. July 13-16. — Great riot in New York. " 31. — Martial-law in Kentucky. Aug. 21. — ^Lawrence, Kan., pillaged and burned by Quan- trell's guerrillas — many citizens murdered. " 23. — Shells thrown into Charleston — nearly 6 miles range. Fort Fisher, near Wilmington, bombarded. Sept. 1. — Gen. Burnside occupied Knoxville, Tenn. " 10. — General Burnside captures Cumberland Gap. " 15. — Pres. Lincoln suspends the Habeas Corpus Act. Nov. 5. — ^Brownsville, Texas, captured. Dec. 4. — Gen. Longstreet raises the siege of Knoxville. 1864. Feb. 1. — Pres. Lincoln orders a draft for 500,000 men. Kilpatrick and Dahlgren's raid on Richmond. May 8. — Gen. Grant commissioned as Lieutenant-General. " 12. — Gen. Grant appointed to command U. S. armies. 25. — Gen. Forrest captures and fires Paducah, Ky. April 26. — Gov. accepts the service of 100-days' men. May 5. — Gen. Butler lands on the south side of the James. " 7. — Sherman begins his march against Atlanta. " 13. — Sheridan reaches Hanover Junction in rear of the enemy. June 19. — The " Kearsarge " sinks the "Alabama." " 30. — Sec. Chase resigns; Hon. W. P. Fessenden appointed his successor. July 5. — Confederates, under Early, invade Maryland. " 30. — Chambersburg, Penn., partially burned. Explosion of a mine at Petersburg. Aug. 5. — Com. Farragut gains a victory in Mobile Bay. " 18.— Weldon R. R. seized by Gen. Grant. " 23. — Fort Morgan surrendered. Sept. 19. — Gen. Sheridan's victory in the Shenandoah Valley. GHBONOLOGICAL RECORD. 2j7 1864. Oct. 7. — Pirate vessel "Florida" captured by the " Wa chusett." Nov. 3. — The "Albemarle" destroyed by Lieut. Gushing 16. — Gen. Sherman commences his march to the sea Dec. 21. — Gen. Sherman enters Savannah, Ga. 1865. Jan. 15. — Union troops and fleet capture Fort Fisher. Feb. 4. — Illinois black laws repealed. " 18. — Gen, Gilmore takes possession of Charleston, S. C, and hoists the Old Flag over Fort Sumter Feb. 19. — Fort Anderson, N. C, taken. " 23.— Raleigh, N. C, captured. Mar. 2. — Gen. Sheridan captures Gen. Early and hia army. " 10. — Gen. Sherman occupies Fayetteville, N. C. " 17. — Confederate Congress adjourned sine die." April 1. — New and higher tariff comes in force. " 2. — Gen. Lee's line at Petersburg carried. " 9. — Gon. Lee surrendered with his whole army. " 14. — Pres. Lincoln assassinated by J. Wilkes Booth. " 15. — Death of Lincoln ; Andrew Johnson becomes President. " 26. — Gen, Johnston surrenciered. " 27. — Booth, the assassin, mortally wounded and captured. May 4. — Gen. Dick Taylor surrenders. " 10. — Jeff. Davis captured. " 22. — Proclamation opening southern ports, and ex- ceptional amnesty. May 24 — Grand review of Gen. Sherman's army at Washington. JeflP. Davis indicted for treason. May 26. — Kirby Smith surrendered. " 31. — Gen. Hood and staff surrendered. End of the rebellion. July 7. — The assassins of Pres. Lincoln hung. Nov. 2. — National thanksgiving. " 10, — Execution of Wirz, the Southern prison-keeper. Dec, 18, — Slavery declared constitutionally abolished. 1866 May 3.— Colorado Bill vetoed. June 7. — Pres. Johnson's address against the Fenian movement. July 16. — Cong, passed second F.'s Bureau Bill over veto. Sept. 6. — Corner-stone of Douglas Monument laid at Chicago. Dec. 20. — Suffrage given to colored men in District of Columbia. 208 CHRONOLOGICAL KECOKD. 1867. Feb. 9. — Nebraska admitted as a State. Mar. 2. — Tenure of Office Bill passed. Reconstruction Bill passed over President's veto. April 10. — Russian American Treaty approved by the Senate. May 13. — Jeff. Davis released on bail. July 1. — Congress meets in extra session. " 19. — Supplementary Reconstruction Bill passed, over veto. <' 20. — Congress adjourns until November. Aug. 12. — Pres. Johnson suspends Sec. Stanton from office. 1868. Jan. 1. — Gen. A. D. McCook succeeds Gen. McKenzie in the Sub-district of the Rio Grande. Jan. 5. — U. S. Military Asylum at Augusta, Me., burned. " 6. — Congress meets — Pres. censured for removing Sheridan. Sec. Seward announced that 21 States had ratified the 14th amendment to the Constitution. Jan. 11. — Chinese Government appoints Anson Burlin- game (former U. S. Minister) Special Envoy. Salary, $40,000. Jan. 13. — The Senate non-concurred in Stanton's suspen- sion. " 29.— Death of Bishop Hopkins, of Vermont. Aged 76. ^ , Feb. 18. — Senate bill passed for the reduction of the army. 21.— The President declares Gen. Thomas m Stan- ton's place. *' 24.— The House of Representatives impeach the President. ;i^£ar. 12.— Bill passed to abolish tax on manufactures, u 18. — Admiral Farragut received by the Pope of Rome. . it 30. — Impeachment Trial commenced m the Senate. May 22. — Arrival of the Chinese Embassy in New York, u 23. — Kit Carson, the noted trapper, died. Aged 58. " 26.— Impeachment Trial ends— Pres. Johnson ac- quitted. Sec. Stanton resigns. ^ u 29. — G. A. of the Republic decorated Union soldiers graves. Ex-Gov. Lincoln of Massachusetts, dies. Aged 75. Heavy shocks of earthquake at Sacramento. " 30. — Treaty concluded with the Osase Nation. CHRONOLOGICAL EECOKD. 209 1868. June 4. — Ex-Pres. Buchanan buried at Wheatland, Penn. " 5. — The Chinese Embassy received by the President. " 10. — Bill passed Senate for admission of S. States. " 12. — Reverdy Johnson confirmed as Minister to Eno;land. " 16. — Gov. Humphreys removed, and Gen. Ames ap- pointed Governor of Mississippi. " 20. — Commencement of diifficulties between U. S. Embassador and the Government of Paraguay. " 24. — The Senate ratifies the Chinese Treaty. " 25. — ^Freedman's Bureau Bill passed, over veto. July 4. — Pres. Johnson issues his proc. of amnesty to all engaged in the rebellion, except those already indicted. " 15. — Wm. M. Evarts confirmed as Attorney-General. " 16. — Laws of United States extended over Alaska. Riot at Millican, Texas — 45 persons killed. *' 17. — Senate appropriates $7,200,000 for payment for Alaska. " 21. — Congress declares the 14th Amendment ratified. " Bill passed organizing Wyoming Territory. Aug. 3. — Mr. Washburn denies the charge of conspiracy against Lopez. Failure of the Atlantic Cable of 1866. Charles G. Halpine (Miles O'Reily) dies. Aged 39. " 11. — Thaddeus Stevens, M. C. from Pennsylvania, dies. Aged 75. " 14. — Encke's comet discovered at Naval Observatory Washington. " ]7. — National Teachers' Ass'n, at Nashville, Tenn. " 20. — Chinese Embassy in Boston. Death of Gen. B. F. Smith at Fort Reno. Aged 37. Sept. 3. — Ga. Legis. declares negroes ineligible to seats. " 18. — General Hindman assassinated at Helena, Ark. Oct. 21. — Serious earthquakes in California, James Hind, M. C. from Arkansas, assassinated. ^ " 25.— Colonel Carpenter defeats the Cheyennes and Arrapahoes. Dec. 6. — Ku-Klux outrages in Tennessee. " 20. — Augustus S. Mitchell, Amer. geographer, dies. " 25. — President Johnson issues a universal amnesty proclamation. " Mosby Clarke, a Revolutionary soldier, dies at Rich- mond, "Virginia. Aged 121 years. " General Sheridan captured the Indian chiefs Son tanta and Lone Wolf. 1869. Jan. 1. — ^New suspension bridge at Niagara Falls opened- 210 CHEONOLOGICAli EECOED. 1869, Feb. 1. — ^United States Supreme Court decides Internal Revenue Laws constitutional. " 19. — Jefferson Davis and his sureties released. " 24. — The Copper Tariff Bill passed, over veto. « 26. — Capital of West Virginia located at Charleston. Constitutional Amendment passed, over the veto. Passage of Bill to strengthen the public credit. Mar. 4.— Hon. J. G. Blaine, of Maine, elected Speaker of the United States House of Representatives. April 5. — United States Supreme Court decides the State taxation of national bank stock legal. " 9. — Passage of the Reconstruction Bill. " 10. — 100 lodges Arrapahoe Indians surrender. " 1 7. — Arrival of first cargo of tea at Chicago via Pacific Railroad. May 10.— Central Pacific Railroad completed. «' 17, — Gen. D. E. Sickles appointed Minister to Spain. " 29-30. — Decoration of Union Soldiers' graves. June 1. — Corner-stone of the Atlanta (Ga.) Univ'ty laid. u 10, — 200 acres of the Mount Vernon estate sold. " 15-18. — Great Peace Jubilee Concerts in Boston. « 18.— Death of Honorable H. G. Raymond, of the New York " Times." Dedication of Monument in Gettysburg Cemetery. July 3, — Equestrian Statue of Washington unveiled in Boston. ti 8. — Monument to Fitz Greene Halleck dedicated at Guilford, Conneticnt. II 14. — Frightful accident and loss of life on the Erie Railroad, National Convention of Y. M. C. A. at Portland, Me. " 22. — Commodore S. S. Lee died in Virginia. " 23. — Death of Ex-Governor Crapo, of Michigan. Arrival of steamers laying the French Cable, at Dux- bury, Massachusetts. f 30. — Death of Hon. Isaac Toucey, of Connecticut. ,^ug, 8. — Total eclipse of the sun, visible in the U. S. " 12.— Com. Jarvis, U. S. N., died at Geneva, Illinois. '« 18. — Nat. Educational Convention, at Trenton, N. J. Sept. 6. — Disastrous fire in a coal shaft near Scranton, Secretary John A. Rawlins died at Washington. Destructive gale in Massachusetts and Maine. " 12. — Large meeting in Quebec favoring annexa^^'on to United States. it 24, — Unparalleled gold excitement in New York. CHRONOLOGICAL RECORD. 211 1869. Oct. 1.— Boiler exp. at Ind. State Fair. 25 persons killed. " 4. — Violent tornado on the coast of Maine. u 5._60th annual session of the A. B. C. F. M. at Pittsburg. '* 8.— Death of Ex-Pres. Franklin Pierce. Aged 64. " 13.— Gen. W. W. Belknap, of Iowa, app. Sec. of War. " 20.— C. W. Eliot installed Pres't of Harvard College. " 27. — Remarkable meteor exp. near Forest Station, 0. "28. — Steamer "Stonewall" burned below St. Louis. More than 200 lives lost, j^ov. 1. — Cincinnati School Board forbid reading the Bi- ble in the Public Schools. 4. — George Peabody died at his residence in London. " 8. — Rear-Admiral Stewart died at Bordentown, New Jersey. Aged 92. " IL— Death of Robert J. Walker in Washington. " 12. — Amos Kendall, Ex-Post-master-General died. Aged 80. " 23. — Indiana Supreme Court decide National Bank Currency taxable. " 25. — A. D. Richardson mortally wounded in New York Tribune of&ce, by Daniel McFarland. Dec. 6. — Fem. SufF. Bill passed by Wyoming Legislature. " 20.— E. M. Stanton confirmed as Judge of U. S. S, C. 1870. Jan. 8.— Death of Major-General J. A. Mower at N. O. " 14. — Bill passed for the re-admission of Virgiswa. " 21. — Prince Arthur, of England, arrived in N. Y. " 25. — Peabody funeral fleet arrives at Portland, Me. " 28. — U. S. corvette Oneida sunk by British steamer Bombay, near Yokohama, Japan. Many lives lost. Feb. 7. — Legal Tender Act declared unconstitutional by Chief Justice Chase. " 8. — Funeral of George Peabody at Peabody, Mass. " 15. — Superior Court of Cincinnati decide against the authority of the School Board to exclude the Bible from the Public Schools. Ohio River bridge at Louisville formally opened. Mar. 5. — Forty families massacred by Indians in Texas. «^ 7, — Woraen serve as jurors in Wyoming Territory. " 8.— Governor Austin, of Minnesota, vetoed the Woman's Suffrage Bill. " 26. — Pierre Soule died at New Orleans. <' 30. — Ratification of the 15th Amendment officially proclaimed. Apr. 2,— Great earthquakes it San Francisco. " 12. — The Saint Thomas treaty expires by limitation. 212 CHRONOLOGICAL RECORD. 1870. Apr. 19.— The U. S. Senate pass the Georgia bill. *' 27. — The floor of the Court-house at Kichmond, Viiv ginia, falls. Nearly 200 persons killed and wounded. May 6. — lie turn of General T. Jordan, the Cuban Com- mander, to New York. " 23. — Beginning of the Fenian raid into Canada. " 24. — Proclamation of President Grant against the Fenian raid. " 26.— The North Pacific R. R. Bill becomes a law. " 30. — Decoration of Union soldiers' graves. June 6. — Reception of Red Cloud and the Sioux chiefs at Washington. " 11.— Death of William Gilmore Simms, at Charleston, South Carolina. " 21. — Bill to abolish the franking privilege defeated. " 29. — The San Dom. treaty rejected by the Senate. July 3. — The new Constitution of Illinois adopted. " 12. — Serious riot between the Catholics and Orange- men in New York. " 14. — Congress grants $3,000 per an. to Mrs, Lincoln. " 15. — General Starr and other Fenians sentenced to two years imprisonment. " 21. — International Convention of Young Men's Christian Association at Indianapolis. Aug. 14. — Death of Ad. Farragut at Portsmouth, N. H. Sept. 8. — The U. S. recognized the French Republic " 9.— Death of Dr. N. Lord, Ex-pres. of Dart. College. " 30. — Great floods in Va. Richmond partially sub. Oct. 1. — Yellow Fever raging on Governor's Island," N. Y. " 8. — Second neutrality proclamation by the Pres. " 20. — Severe shock of an earthquake in the North- east and Middle States. " 21 — Thomas Hughes, M. P., lectures in New York. Nov. 7. — Bloody Riots in Donaldson, Louisiana. " 14. — ^Minister Motley peremptorily recalled from England. " 24. — Army of the Cumberland meets at Cleveland. Dec. 1. — The S. Court of Mass. decides that a contract carried into eff'ect on Sunday can not be repudiated. " 4. — Arrest of General Jordan, the Cuban comman- der, in New York. " 6. — Death of Gen. Hiram Walbridge in New York. " 20. — Articles of impeachment preferred against Gov- ernor Holden of North Carolina. 1871. Jan. 1. — Terrific gales on the entire Atlantic coast. " 2. — Reception at the President's White House CHRONOLOGICAL RECORD. 213 omitted. A custom never before departed from since Washin,2:ton's day. 1871. Jan. 2. — Council of Indian nations at Ocmulgee, and a constitution adopted by a vote of 52 to 3. " 3. — Celebration of the 8th anniversary of Prersi- dent Lincoln's Proclamation of Emancipation. " 4.— Trial of Cadet Smith and others at West Point. " 7. — Twenty car-loads of tea arrive at New York 23 days from Hong Kong via San Francisco. " 8. — Alarming spread of hoof and mouth disease in New England. ** 9. — Correspondence between Secretary Fish and Minister Motley submitted to Congress. The Cincinnati Clergy resolve against the license of prostitution in that city. " 10. — The great coal mine strike begins in Penn. The Mint Bill passed by the U. S. Senate. In Kansas women made clerks in both Houses, and a girl appointed a page. " 7-12. — The Hornet lands men on the coast of Cuba, who are attacked by Spaniards, and 17 men killed or captured. '* 11. — The United States Senate passes the San Do- mingo Commission Bill. Fourteen mariners desert from the Pensacola Navy yard and all are drowned in trying to escape. *' 12. — The famous Ohio Liquor Bill becomes a law. " 13.— The $300,000,000 five per cent. Eefunding Bill, passed by the House. Woman suffrage defeated in Congress ; 3,000 women having memorialized Congress against it. *' 14-16. — Heavy and disastrous snow storm over the Western states. " 14. — Steamer T. L, McGill exploded her boilers on the Mississippi, 58 persons perished. *' 15. — First arrival of teas at N. Y. via Suez Canal. " 17. — Sailing of the Tennessee with San Domingo Commissioners. " 18. — Fourteen Japanese nobles arrive at San Fran- cisco to attend college in the United States. At Laconia and Lake Village, New Hampshire, several earthquake shocks are felt. *' 19. — The first car load of California cotton sent to New England. " 24. — Annual session of the Workingmen's assembh at Albany, New York. 214 CHKONOLOGICAL RECOED. 1871. Jan. 25. — Vinnie Ream's statue of Lincoln unveiled at Washington. " 28. — British America joins the Dominion of Canada. Steamer W. R. Arthur exploded her boilers near Island No. 40 on the Mississippi and burnt. 87 lives lost. Feb. 1. — Congress admits the Georgia Senators, and the South is now all represented. Sixty Indians killed in a fight on the Colorado River. " 3. — The U. S. Senate pensions the soldiers of 1812. " 5. — The New Hamburg, New York, Railway catas- trophe killed and roasted or drowned 22 human be- ings, and cost the company hundreds of thousands of dollars. " 6. — Congress votes $20,000 to defray expenses of investigating Ku Klux outrages. ' " 7. — Committee of Ways and Means agree to report a bill for the repeal of the Income Tax. " 8. — New Jersey ratifies the 15th Amendment. *' 10. — Messrs. Fish, Hoar, Schenck, and Williams confirmed as High Commissioners, for the settlement of the Anglo-American difficulties. " 11. — Two steamers leave New York with provisions for France. " 19.— The Chief Jus. of S. Court of Ark. impeached. The Governor and Lieutenant-Governor before, imp. " 20-21. — Unparalleled tropical storm in San Fran. " 23. — Dead lock in Indiana Legis., 34 Rep. resign. " 26. — Arrival of 26 Japanese Nobles and Princes in New York, March 1. — To this date, 6,000 women have memorialized Congress against granting Woman Sufirage. A tidal wave swept through Long Island Sound. " 2. — Boston Post Office Appropriation Bill passed in the Senate — cost not to exceed $1,500,000. Severe earthquake shock in Eureka, California. " The Boston, Hartford, and Brie Railroad Company declared bankrupt. " 4. — The Forty-first Congress expires, and the Forty second Congress is organized. Treaty of Com, formed between Italy and the U, S. Riot and murder at the Pennsylvania coal mines. 5. — Reign of terror in S. C. by Ku-Klux outrages . A bloody Chinese fight in San Francisco. " 6. — Horrible scene in court at Meridian, Miss. Judge Bramlette shot dead by a negro and ten negroes shot and killed CKRONOLOGICAIi RECORD. 215 1871. March 8.— A terrible tornado swept every thing before it from Helena, Arkansas, to Fayette, Illinois. 9 _New York Chamber of Commerce propose a Pacific Ocean cable of 6,515 miles. " 14.— Election in New Hampshire — Dem. victory. " 17. — Project for a Congregational House in Boston, to cost $200,000. " 19. — The Legislattire of Illinois, after ten weeks' hard labor, passed three bills, and one of these was vetoed by the Governor. " 23.— the New York City Viaduct Railway Bill passed by the Senate of New York. " 25. — A meteor, so brilliant as to cast a shadow, seen at New York. On the same day, a fire destroys $250,000 worth of property in the city. <' 26. — The Tennessee reaches Charleston with the San Domingo Commissioners. Great American Project set on foot to explore Pales- tine and Jerusalem. « 31. — Magnificent aurora; a great cloud of blood-red in the north-east sky; the sight "to be remembered a life-time." During the month, a sun spot of 2,300,000 square miles was visible. April 2. — Two sharp earthquake shocks at San Fran- cisco, California, 3-4. — Elections in Rhode Island and Connecticut — Republican victories. " *8. — Roger Williams' statue unveiled at Washingt'n. " 11.— Equal Rights Bill passed the Mississippi Legis- lature. <« 14._The Ku-Klux Bill passes the U. S. Senate. " 17. — Nebraska State Insane Asylum at Lincoln, burnt, and two inmates perish. « 18.— A United States captain and 14 soldiers killed by Indians in Texas. " 20.— Ku-Klux Enforcement Bill passed by Congress and signed by the President. " 27. — Indians massacre whites in Dakota. A new line of steamers projected from New York to Rome. " 28.— U. S. troops shoot 85 Arizona Indians. May 3.— Indian battle in the Pinal Mountains, Arizona, 28 Apaches killed. " 4. — Pres. Grant issues a Ku-Klux Proclamation. " 7. — The Joint High Commission announce a treaty prepared. 216 CHRONOLOGICAL EECOED. 1871. May 8. — ^U. S. troops kill or wound nearly 300 Indians in a battle near Laramie. " 11. — Williamson's road steamer tried on Erie Canal. " 12. — The Anglo-American treaty made public. " 15. — New territorial government for Washington and the District of Columbia inaugurated. " 20. — Arizona people report 200 citizens murdered by the Apaches. *' 21. — A twelve pound aerolite fell at Searsport, Me. " 25. — The Mountain Indians of Arizona declare war against the whites. " 27. — Twenty-one men killed and six more wounded, in a coal mine at Pittston, Pennsylvania. June 1. — National Ins. Cong, at Washington adjourned. The Rhea sunk, and eight persons drowned near New York. " 2. — Governor Butler of Nebraska impeached and removed from office. Extraordinary sulphurous cyclone near Macon, 111. " 3. — Ex-Cong. Bowen found guilty of bigamy. " 4. — U. S. Army reduced to peace footing, 35,284. " 6. — Grand reception to Indian Chiefs at Boston. " 10. — Unveiling of the Morse statue in Central Park, New York. " 11. — Immense forest fires in Maine. " 12. — The Gregorian Calendar adopted in Alaska to bring Sunday right. Inauguration day in New Hampshire. " 16. — A telegram from Hong Kong reaches New York, 15,000 miles, and is published in the daily pa- pers next morning. " 19. — National Musical Congress in Boston. Earthquake at Long Island and in New Jersey. Singular sinking of a canal bottom in Morris, N. J. " 23. — Terrific thunder storm at Chicago. " 25.— Alabama Claims, footed up to be $12,830,384. " 24-25. — Government teamsters attacked by 250 Cheyennes at Fort Hill ; eight killed, and three more burnt at the stake. " 29. — Captain Efall leaves New York in the Polaris for the North Pole. July 3. — The missionary ship Morning Star arrives at Honolulu. " 5. — The Great Washington Treaty proclaimed by the President. " 8. — Tidal wave on Lake Superior — cause unknown. CHKONOLOGICAL EECOKD. 217 1. Julj 11.— Superintendent Kelso, of N. Y., forbids the Orange display, and Gov. Hoffman revokes his order. -D ^^•~'J!,ei'"ble conflict in New York between the Koman Catholic Irish, and the National Guards and •rolice. 62 persons killed, and 137 wounded. I! Amherst confers LL. D. upon Horace Greeley. 19.— Earthquake in all New England. " 22.— The most remarkable aurora ever witnessed observed at Springfield, Mass., and elsewhere. ' " 24.— United States Scientific expedition to Brazil leaves New York. II 28.— The Polaris heard from at Newfoundland. '30.— The "Westfield" explodes her boilers at New York. Of the 400 persons on board, 106 were killed, and 111 more or less injured. Com.'s loss $500,000. lidal wave 5 feet high on Lake Winnepisseogee, New Hampshire. It was the first ever seen there. Aug. 1.— Women admitted to Burlington, Vermont Uni- versity. ^ ' *L Fraudulent sale of $9,000,000, Rockford and bt. Louis bonds in Frankfort. II 4.— Formidable Indian raids in Montana. • V — ^^ifcro-glycerine exploded in Hoosac Tunnel by hghtning. Three men killed. 15;— Doctor Hall heard from, at Holsteinburg, Swe- den (July 31). ^' " 16.— twentieth annual meeting of the American" fecience Association at Indianapolis, Indiana. It is decided to prosecute the " Tammany " thieves u or ~9^'®^*^ Pension frauds discovered at Wash 25.— Duluth Canal opening. ''.^^•—"^'^^n^G hurricane in the Gulf and along the Atlantic coast. Alarming fires in Michigan. Eailroad Horrors. 33 persons killed and 50 iniured at Revere, near Boston. 20 killed or wounded at West- port, Pennsylvania. 6 killed and 20 wounded at Will- lamsport, Pennsylvania. '[•i^'^'TT^,^^^°^®^ ^^^^^ ^^^^ exploded boilers at Mo- bile Alabama. 70 persons killed or badly injured. ^y.— Great losses by floods in Central New York and Maine. ''^^.■~^^^^}y 9<^^^'^Gthetween soldiers and citizens at iVieridian, Mississippi. 19 218 CHRONOLOGICAL KECOED. 1871. Sept. 4.— Destructive hurricane at Windem, Minnesota. «» 5. — American Pomological Society meets at Eich- mond, Virginia. u 8.— Mooshillock Mountain, N. H., 5,050 feet high, made a United States signal service observatory. " 9. — The 116th nev^r planet discovered by America. » 1-1*0.— Appalling disaster to an American whaling fleet in the Arctic Ocean— 33 vessels destroyed and abandoned. u |9_ — Nebraska votes on a new constitution. « 20 — Tidal wave alarm on all the south Atlantic "^^28^— National Commercial convention at Baltimore. *' 29.— The committee of " Seventy" sue the Tammany •r'sO —Prof. Wilbur fell from his balloon at the height . of a mile, at Paoli, Indiana. *Q(jt. 1.— International money order system goes into operation. ii 2. Brigham Young indicted and arrested. u 3. — Sixty-second annual session of A. B. C. F. M., at Salem, Massachusetts. H 3. —Protestant Episcopal Triennial convention at Baltimore. . . • tst " 5 —Terrible forest fires ragmg in Wisconsin, Wy- oming, Arizona, etc. . . " 8.— Election riots in Philadelphia— many injured. u 9_io The greatest conflagration on record occurred at Chicago. About 18,000 buildings of descriptions were consumed, and the loss put at from $250,000,000 to $300 000,000, and from 100 to 500 persons perished in the flames, while 90,000 persons were made house- less and suffering. . J TIT- U- li 9_i2 —Awful forest fires in Wisconsin and Michigan, and whole towns destroyed. The Chicago Tribune says in Wisconsin and Michigan alone at least 90,000 peo- ple have lost all their possessions by fire. In all these western fires it is estimated that 3,000 persons perished in one week. ^ • i n j ■ " 12.— Pre-historic skeletons 8 or 9 feet high lound m Virginia. u 13 — Encke's comet seen by New Haven astronomers. " 14.— Chicago relief fund reaches $3,000,000. « 16.— Martial-law in Texas. ^ ii 17 18 —Celebration of the completion of European and N.'a. E. E., at Bangor, Me., Pres. Grant present. CHRONOLOGICAL EEOOKD. 219 1871. Oct. 21. — Mormon Hawkins convicted of adultery. " 23. — ^National Police convention at St. Louis. 24. — National Insurance convention at New York, " 24.-2,500 Mormon Women petition Congress in favor of Polygamj'-. Terrible riot in Los Angeles, Cal.— 19 Chinese killed. " 23, 24. — Extensive forest fires in western New York, " 27.— Tweed arrested and released on $2,000,000 bail. " 28. — Brigham Young and his son indicted for mur- der. " 29. — Day of fasting and prayer at Chicago. " 30. — Gov. Bullock, of Georgia, disafi"ected, resigns. Nov. 4.— $500,000 fraud discovered in the Indian Bounty Department at Washington. " 6. — New York orders four regiments under arms for to-morrow's election. " 7.— Election day in 9 States— Republican victories. " 9- — An Aurora so bright in New York as to " cast shadows." " 9.— A meteor fell and rolled along the ground beside a moving carriage, in South Easton, Massachusetts. " 12. — Fred. W. Loring and six others killed on a stage coach in Arizona. " 14. — Extraordinary storm from Europe to California — many Atlantic cities flooded. " 15.— American and British Claims Commissioners meet at the National Capitol. " 15. — Gloucester fishing season ends. It has been the most destructive to life and property of any for many years. " 16. —The "Auk," an Arctic bird, visits New England for the first time. " 17. — Gen. Sherman and staff leave in the Wabash for Europe. " 18. — The Russian fleet with the Duke Alexis arrives in New York. " 23. — Duke Alexis visits the Capitol and the President. *' 25. — Catacazy dismissed and Gen. Orloff made Charge d' Affaires of the Russian legation. " 28. — The Supreme Court of New York pronounces mock marriages legal. ** 30. — National Thanksgiving day. Dec. 2. — United States and England threaten to interfere in Cuban e^ffairs, " 2. — Sec. Boutwell reports a decrease in the Na- tional debt of $94,327,708.84, during the fiscal year. 220 CHEONOLOGICAL EECOKD. 1871. Dec, 5. — Agricultural congress at Selma, Alabama.^ «' ' 6. — National Board of Trade meets at St. Louis. a 11 —Expense of the United States Census reported to be $3,287,600. ^ ^ ^ « 14 —The Apportionment Bill passed by Congress, the House to consist of 283 members. «« 18. Bill introduced into Congress to incorporate a Company who are to girdle the earth with a tele- graph. 20.— Gold 1081 ; the lowest since 1862. " a 27.— Tweed, of the NeAV York Ring, disappears. «' 30. —The New York Ring entirely broken up. Some imprisoned. . • . «> ^ 1872. Feb. 2.— Congress reports a bill for carrying into eflect the treaty with Great Britain. March 28.— The Tariff Bill passes the United States ben- ate The income tax is abolished. April 2.— Death of Prof. S. F. B. Morse, aged 81 years. June 4.— Passage of the Tax and Tariff Bill, causing a diminution in the revenue of $53,000,000. <« 17.— Grand Musical Festival and Peace Jubilee at Boston ; 2000 instruments, 20,000 singers, n 20.— Indirect claims ruled out by Geneva Board. United States Government assents. tt • j July 29.— Geneva Tribunal decides in favor of the United States in the Florida case. " 31. Two new asteroids discovered by Dr. Peters at Utica. . Aug. 23.— First vessel of Japan to an American port reaches San Francisco. . , . gept 6 —The Geneva Board conclude their arbitrament. f< 14.— Geneva award announced— $15,500,000 in gold. Oct. 21.— Verdict of Emperor William of Germany on the San Juan question, in favor of the United States. i' 9_10 The great fire in Boston. 80 acres burned over. Loss $80,000,000. Nov. 29.— Death of Horace Greeley, aged 61 years. Jan. 2.— Militia preparing to attack the Modocs m Ore- S^^'e.— Opening of testimony in Credit Mobilier trial. " 7.— Stokes sentenced to be hung Feb. 28. «« 27.— First repeal of the Franking Privilege. ^ Eeb. 6.— Discovery of a planet of the tenth magnitude by Dr. Peters, of Clinton, N. Y. March 2.— Passage of "Salary Grab." 1873. CHEONOLOGICAL EECOED. 221 1873. April I. — Steamship "Atlantic" wrecked off Nova Sco- tia ; 546 lives lost. April 11.— Gen. E. R. S. Canby and Rev. E. Thomas, 1). D., treacherously murdered by the Modoc Indians at a peace conference in Northern California. ** 30. — Three acres of the business part of Boston burned. May 9. — Loss of the steamer Polaris, and death of Capt. Hall. June 5. — Arrival of the Polaris' survivors in Washing- ton. Sept. 18. — Suspension of Jay Cooke & Co. " 19. — Failure of nineteen banking firms in New York and eleven in Philadelphia. Oct. 31. — Capture of the Steamer Virginius by the Span- ish gun-boat Tornado, near Jamaica. Nov, 4-7. — ^Massacre of many of the officers and passen- gers of the Virginius. " 14. — United States war steamers sailed for Cuban waters. " 27. — The Hoosic Tunnel opened. Dec. 8. — Repeal of the Tron-clad Oath in the United States House of Representatives. " 11. — Sen. Carpenter, of Wisconsin, elected pro tern. President of Ihe United States Senate. ' " 14. — Death of Prof. Agassiz. 1874. Jan. 10.— The miners' revolt at Pottsville, Pa. 9000 men protest against the monopolists. " 13. — Political excitements in Louisiana. Feb. 7. — Women's temperance crusade begins in Ohio. " 11. — Grangers' National Convention at St. Louis. March 8. --Ex-president Millard Fillmore died. " 11. — Death of Sen. Sumner. April 15. — Destructive floods in the Cumberland and Tennessee Rivers. " 21. — Grant vetoes the Finance Bill. " " — A pitched battle fought between the Brooks and Baxter forces in Arkansas. May 5. — Two hundred thousand people made homeless by the Louisiana floods. 8. — Devout Catholics, of New York, prepare for a pilgrimage. " 17. — Bursting of Goshen (Mass.) reservoir. 150 lives lost; $1,500,000 worth of property destroyed. " _ 22. — United States Senate passes the Civil Rights 222 CHKONOLOGICAli RECORD. 1874. June 10. — Military ordered to scene of Hocking YaJley (Ohio) coal strikers. " 24.— Fall of church in Syracuse, N. Y. 20 killed, 150 wounded. July 1. — ^Abduction of Charlie Ross at Germantcwn. " 4. — Opening of the Great Bridge at St. Louis. " 7. — Serious outbreak of Comanches and Cheyennes in Indian Territory. " 14. — Second great conflagration in Chicago. " 27. — Great flood in Pittsburg. Immense loss of life. Aug. 22. — Serious riot between the whites and blacks at Lancaster, Ky. Sept. 14. — Insurrection in Louisiana. Attempt to over- throw^ the State Government. 20 persons killed. Oct. 15. — ^Unveiling of Lincoln Statue at Sprinfield, 111. *• 24. — Heavy mercantile failures in Boston. Nov. 1.— Riot at Pottsville, Pa. » 17. — Terrible fires raging in the coal mines under Pittsburg, Pa. «' 29. — Arrival of King Kalakaua in San Francisco. Dec. 7. — Vicksburg is attacked by 700 negroes who are defeated, with 20 killed. , " 9. — The transit of Yenus. 1875. Jan. 4. — Louisiana Legislature taken possession of by United States troops. " 5. — Opening of Beecher-Tilton trial, " 26. — ^Attempt to burn the Navy Department at Washington. Feb. 6. — Civil Rights Bill passed by United States House of Representatives. " 24. — Colorado admitted as a State. " 26. — ^Ann Eliza Young obtains a divorce from Brigham Young, with alimony. March 15. — Archbishop McCloskey created a Cardinal. «« 16, — ^Yirginius matter settled with Spain for $80,000 in gold. " 28. — The fifth anniversary of the American Tract Society, celebrated in New York. April 23. — Lieut. Henley fights the Red Skins in Kan- sas. 27 killed. " 26.— Fifty-sixth anniversary of ''' I. O. 0. F." May 10. — Gigantic whisky frauds brought to light by Secretary Bristow. June 10.— The new cable of the " Direct United States Cable Co." completed. PKES. AND VICE PRES. OF THE U. S. 223 1875, June 17— Great demonstration in Boston at anniversary of Battle of Bunker Hill. " 18.— Slight shock of earthquake through parts of Ohio and Indiana. July 2. — Disagreement of jury in Beecher trial. Nine for acquittal ; three for conviction. PRESIDENTS AND VICE PRESIDENTS OF THE UNITED STATES. FIRST ADMINISTRATION. 1789-97. 8 YEARS. 1789. -George Washington, Virginia, President. John Adams, Massachusetts, Vice President. SECOND ADMINISTRATION. 1797-1801. 4 YEARS. 1797. John Adams, Massachusetts, President. Thomas Jefferson, Virginia, Vice President. THIRD ADMINISTRATION. 1801-9. 8 YEARS. 1801. Thomas Jefferson, Virginia, President. Aaron Burr, New York, Vice President. 1805. George Clinton, New York, Vice President. FOURTH ADMINISTRATION. 1809-17. 8 YEARS. 1809. James Madison, Virginia, President. George Clinton, New York, Vice President. 1813. Elbridge Gerry, Massachusetts, Vice President. FIFTH ADMINISTRATION. 1817-25. 8 YEARS. 1817. James Monroe, Virginia, President. Daniel D. Tompkins, New York, Vice President. . SIXTH ADMINISTRATION. 1825-29. 4 YEARS. 1825. John Q. Adams, Massachusetts, President. John C. Calhoun, South Carolina, Vice President, r 224 PEES. AND VICE PEES. OF THE U. S. SEVENTH ADMINISTRATION. } 829-3 7. 8 YEARS. 1829. Andrew Jackson, Tennessee, President. John C. Calhoun, South Carolina, Vice President. 1833. Martin Van Buren, New York, Vice President. EIGHTH ADmNISTRATION. 1837-41. 4 YEARS. 1837. Martin Van Buren, New York, President. Richard M. Johnson, Kentucky, Vice President. NINTH ADMINISTRATION. 1841-45. 4 YEARS. 1841. William H. Harrison, Ohio, President. John Tyler, Virginia, Vice President. Became Pres't. TENTH ADMINISTRATION. 1845-49. 4 YEARS. 1845, James K. Polk, Tennessee, President. George M. Dallas, Pennsylvania, Vice President. ELEVENTH ADMINISTRATION. 1849-53. 4 YEARS. 1849. Zachary Taylor, Louisiana, President. 1850. Millard Fillmore, New York, Vice Prest. Became Prest. TWELFTH ADMINISTRATION. 1853-57. 4 YEARS. 1853. Franklin Pierce, New Hampshire, President. Wm. R. King, Alabama, Vice Pres't. (Died April 18.) THIRTEENTH ADMINISTRATION. 1857-61. 4 YEARS. 1857. James Buchanan, Pennsylvania, President. John C. Breckinridge, Kentucky, Vice President. FOURTEENTH ADRHNISTRATION. 1861-69. 8 YEARS. 1861. Abraham Lincoln, Illinois, Pres't. (Assassinated 1865.) Hannibal Hamlin, Maine, Vice President. 1865. Andrew Johnson, Tennessee, Vice Prest. Became Prest. FIFTEENTH ADMINISTRATION. 1869-77. 8 YEARS. 1869. Ulysses S. Grant, Illinois, President. Schuyler Colfax, Indiana, Vice President. 1873. Henry Wilson, Massachusetts, Vice President. BATTLES OF THE SEVERAL WARS OF THE UNITED STATES. NAVAL BATTLES OF THE SECOND WAR WITH ENGLAND. Dates. 1812. August 13 August 19 October 18 October 25 December 29.. 1813. February 24... June' 1 August 14 September 5... September 10. 1814. March 28 April 29 June 28 September 1... September 11 . December 14,. 1815. January 15.... February 20... March 23 Wheee Fotjght. Off Newfoundland Off Massachusetts Off North Carolina Near Canary Islands... Off San Salvador Off Demarara Massachusetts Bay. British Channel Off Coast of Maine. Lake Erie Harbor of Valparaiso. Off Coast of Florida.... Near British Channel. Near Africa Lake Champlain Lake Borgne Off New Jersey Off Island of Maderia. Off Brazil Vessels. American. ConstUution. Wasp. United States. Constitution. Hornet. Chesapeake. Argus. Enterprise. 9 Vessels. Essex. Peacock. Wasp. Wasp. 14 Vessels. 5 Gunboats. President. Constitution. Hornet. British. Alert. Guerriere. Frolic. Macedonian. Java. Peacock. Shannon. Pelican. Boxer. 6 Vessels. Phebe. Epervier. "Reindeer. Avon. 17 Vessels. 40 Barges. Squadron. Cyone. Penguin. * Name of successful vessel in italics. (225) * IMPORTANT BATTLES OF U. S. Principal Battles of tlie Prencli and Indian War. F. French victorious. B. Britisii victorious. 1754. B. Great Meadows, May 28. F. Fort Necessity, July 4. 1755. F. Monongabela, July 9. F. Lake George, Sept. 8. 1756. F. Oswego, Aug. 14. F. Kittanning, Sept. 8. 1757. F. Fort William Henry, Aug. 9. 1758. F. Ticonderoga, July 8. B. Louisburg, July 26. B. Fort Frontenac, Aug. 27. B. Fort Duquesne, Nov. 25. 1759. B. Fort Niagara, July 25. F. Montmerenci, July 31. B. Plains of Abraham, Sept. 13. B. Quebec, Sept. 18. 1760. B. Silleny, April 28. B. Montreal, Sept. 8. Principal Battles of the Amer- ican Eevolntion. A. AmericaDS victorious. B. Bx'itish victorious. 1775. B. Lexington, April 19. B. Bunker Hill, June 17. B. Quebec, Dec. 31. (226) 1776. A. Fort Moultrie, June 28. B. Long Island, Aug. 27. B. White Plains, Oct. 28. B. Fort Washington, Nov. 16, A. Trenton, Dec. 16. 1777. A. Princeton, Jan. 3. B. - Ticonderoga, July 5. A. Bennington, Aug. 16. B. Brandywine, Sept. 11. A. Stillwater, Sept. 19. B. Paoli, Sept. 20. B. Germantown, Oct. 4. B. Fort Clinton, Oct. 6. B. Fort Montgomery, Oct. 6. A. Saratoga, Oct. 7. A. Fort Mercer, Oct. 22. A. Fort Mifflin, Oct. 22. B. Fort Mifflin, Nov. 16. 1778. A. Monmouth, June 28. B. Wyoming, July 3. A. Rhode Island, Aug. 29. B. Savannah, Dec. 29. 1779. A. Kettle Creek, Feb. 14. B. Brier Creek, March 3. B. Stone Ferry, June 20. A. Stony Point, July 15. B. Penobscot, Aug. 13. B. Savannah, Oct. 9. 1780. B. Charleston, May 12. A. Springfield, N. J., June 23. B. Rocky Mount, July 30. A. Hanging Rock, Aug. 6. B. Sander's Creek, Aug. 16. B. Fishing Creek, Aug. 18. A. King's Mountain, Oct. 7. 1781. A. Cowpens, Jan. 17. B. Guilford Court House, March 15. B. Fort Griswold, Sept. 6. IMPORTANT BATTLES OF U. S. 227 B. Eutaw Springs, Sept. 8. A. Yorktown, Oct. 19. Principal Battles of tlie Second War with England. A. Americans victorious. B. British, victorious. 1812. B. Brownstown, Aug. 5. A. Brownstown (second), Aug. 9. B. Queenstown, Oct. 13. 1813. B. Frenchtown, Jan. 22. A. York, April 27. A. Fort Meigs, May 5. A. Sacket's Harbor, May 29. A. Fort Stephenson, Aug. 2. A. Thames, Oct. 5. A. Chrysler's Field, Nov. 11. 1814. B. La Colle, March 30. A. Chippewa, July 5. A. Lundy's Lane, July 25. A. Fort Erie, Aug. 15. B. Bladensburg, Aug. 24. A. Plattsburg, Sept. 11. B. North Point, Sept. 12. A. Fort McHenry, Sept. 13. A. Fort Bowyer, Sept. 15. A. Fort Erie,"'Sept. 17. A. Near New Orleans, Dee. 23. 1815. A. New Orleans, Jan. 7. Principal Battles of tlie "War with Mexico, Americans victorious in every battle. 1846. Palo Alto, May 8. Bcsaca de la Palma, May 9. y^nterey, Sept. 23. P %cito, Dec. 25. 1847. Beuna Vista, Feb. 23. Vera Cruz, Feb. 27. Sacramento, Feb. 28. Cerro Gordo, April 18. Contreras, Aug. 20. Churubusco, Aug. 20. Molino del Rey, Sept. 8. Chepultepec, Sept. 12, 13. Battles of the Great Rebellion. U. Union army victorious. C. Confederate army victorious. 1861. U. Fairfax C. H., Va., June 3. C. Big Bethel, June 10. C. Carthage, Mo., July 5. U. Laurel Hill, Va., July 10. U. Rich Mountain, July 11. U. Carrick's Ford,'Va., July 13. C. Scragtown, Va., July 13. C. Blackburn Ford, July 18. C. Bull Run, July 21. C. Wilson Creek, Mo., Aug. 10. TJ. Boone C. H., Va., Sept. 1. U. Carnifex Ferry, Va., Sept. 10. U. Cheat Mountain, Va., Sept. 12. U. Papinsville, Mo., Sept. 21. U. Romney, Va., Sept. 24. U. Santa Rosa Island, Fla., Oct. 9, U. Fredericktown, Mo., Oct. 21. C. Ball's Bluff, Oct. 21. U. Wild Cat, Ky., Oct. 21. U. Romney, Va., Oct. 25. U. Springfield, Mo., Oct. 26. U. Gauly Bridge, Va., Nov. 1. U. Forts Walker and Beauregard, at Port Royal, Nov. 7 — cap- tured. C. Belmont, Mo., Nov. 7. U. Piketon, Ky., Nov. 11. U. Camp Allegheny, Dec. 13. Drawn. Mumfordville, Kentucky, Dec. 17. U. Drainsville, Va., Dec. 20. 1862. TJ. Port Royal Island, Jan. 2. U. Huntsville, Mo., Jan. 4. 228 IMPOETANT BATTLES OF U. S. U. Prestonburg, Ky., Jan. 10. U. Mill Springs, Ky., Jan. 19. U. Fort Henry, Ky., Feb. 6. U. Fort Donelson, Feb. 16. C. Ft. Craig, New Mexico, Feb. 21. U. Pittsburg Landing, March 2. U. Pea Ridge, Ark., March 8. U. Newbern, N. C, March 14. U. Winchester, Va., March 23. U. Valle's Ranch, New Mexico, March 28. U. Putnam's Ferry, Ark., April 1. U. Shiloh, April 6, 7. U. Island No. 10, April 8— sur- rendered. U. Fort Pulaski, April 11. U. Camden, N. C, April 19. U. Parotta, N. M., April 23. U. New Orleans, April 25 — cap- tured. U. Monterey, Tenn., May 3. U. Williamsburgh, Va., May 5. U. West Point, Va., May 7. U. McDowell, Va., May 8. C. Farmington, Miss., May 9. U. Louisburgh, Va., May 23. C. Front Royal, Va., May 23. U. Bottom Bridge, Va., May 24. U. Corinth, May 27. U. Fair Oaks, Va., May 31, June 1. U. Memphis, June 6 — gunboats. U. Union Church, Va., June 7. U. Cross Keys, Va., June 8. C. Port Republic, Va., June 9. C. James Island, S. C, June 14. U. Battles before Richmond, June 25— July 1. C. Murfreesboro, Tenn., July 13. U. Fayetteville, Ark., July 14. U. Moore's Hill, July 28. U. Baton Rouge, Aug. 6. U. Cedar Mountain, Aug. 9. U. Williamsport, Tenn., Aug» 11. U. Yellow Creek, Mo., Aug. 13. U. Centreville, Va., Aug. 28. C. Bull Run (second), Aug. 30. C. Richmond, Ky., Aug. 30. U. Weldon, Va., Aug. 31. C. Chantilly, Va., Sept. 1. U. Bretton's Lane, Tenn., Sept. 1. U. South Mountain, Md., Sept. 14. C. Harper's Ferry, Sept. 15. U. Antietam, Sept. 17. C. Munfordsville, Sept. 17. TJ. luka, Miss., Sept. 19. C. Augusta, Ky., Sept. 27. U. Corinth, Miss., Oct. 4. U. Perryville, Ky., Oct. 8, 9. U. Maysville, Ark., Oct. 22. U. Fayetteville, Ark., Oct. 28. U. Cone Hill, Ark., Nov. 28. TJ. Prairie Grove, Ark., Dec. 7. C. Fredericksburg, Va., Deo. 13. U. Kingston, N. C, Dec. 14. U. Dumfries, Va., Dec. 23. U. Van Buren,Ark., Dec. 28. C. Vicksburg, Dec. 28, 29. U. Murfreesboro, Dec. 31 — Jan. 4, 1863. 1863. U. Arkansas Post, Jan. 10. U. Deserted House, Va., Jan. SO. U. Kelley's Ford, Va., March 17. U. Milton, Tenn., March 20. U. Cottage Grove, Tenn., March 21. U. Franklin, Tenn., April 8. U. Fayetteville, Ark., April 18. C. Beverly, Va., April 24. C. Fairmount, W. Va., April 30 U. Port Gibson, May 1. C. Fredericksburg, May 3-5. U. Farnden's Creek, Miss., May 12. U. Jackson, Miss,, May 14. U. Baker's Creek, Miss., May 16. U. Big Black River Bridge, Miss., May 17. U. Belle Plain, La., May 21. C. Port Hudson, May 27. U. Triune, Tenn., June 11. U. Gettysburg, Penn., July 1-3. U. Helena, Ark., July 4. C. Fort Wagner, July 18. U. Kelly's Ford, Aug. 1. U. Grenada, Miss., Aug. 17. U. Fort Smith, Ark., Sept. 1. C. Chickamauga, Sept. 19, 20. U. Madison C. H., Va., Sept. 22. U. Chattanooga, Nov. 25. U. Knoxville, Nov. 29. 1864. 0. Olustee, Feb. 20. TJ. Shreveport, La., April 8. C. Fort Pillow — massacre, April 12. U. The Wilderness, May 5, 6. IMPOKTANT BATTLES OF U. S. 229 U. Spottsylvania, May 12. 0. Newmarket, Va., May 15. U. Dallas, Ga., May 28. U. Cold Harbor, Va., June 3. » U. Piedmont, June 5. U. Bottom Bridge, Va., June 12. U. Lost Mountain, June 16. C. Monocacy, July 9. U. Atlanta, Ga., July 20. U. Morefield, Va., Aug. 7. U. Dalton, Ga., Aug. 15. U. Winchester, Va., Sept. 19. U. Eisher's Hill, Sept. 22. U. Cedar Creek, Oct. 19. U. Blue Kiver, Mo., Oct. 23. U. Hatcher's Run, Oct. 27. U. Franklin, Tenn., Nov. 30. U. Nashville, Dec. 16. 1865. U. Wilmington, Feb. 22. U. Kingston, N. C, March 10. U. Averyboro, N. C, March 16. U. Bentonville, N. C, March 19. U. Five Forks, Va., April 1. U. Before Richmond, April 1-3. POPULATION OF THE UNITED STATES AT DECENNIAL PERIODS. White Per- sons. 3,172,464 4,304,489 5,862,004 7,861,937 10,537,378 14,195,695 19,553,068 26,964,930 33,592,245 Colored Persons. 59,466 108,359 186,446 238,156 319,599 386,303 434,495 487,970 4,886,387 697,897 893,041 1,191,364 1,538,038 2,009,043 2,487,455 3,204,313 3,953,760 Total. 757,363 1,001,436 1,377,810 1,776,194 2,328,642 2,873,758 3,638,808 4,441,730 4,886,387 EMINENT MEN AND WOMEN OF AMERICA. BORN DIED Adams, Abigail, Authm- ™ 1818 Adams, Charles Francis, Statesman „^ Adams, Hannah, ^itifTior Adams, Isaac, Inventor Adams, John, Second President ™ Adams, John Quincy, Sixth F'resident i^o/ lo^ Adams, Neuemiah, ^m^/io?' j^JJ^ .„^„ Adams, Samuel, Stah-sman i:^? Agassiz, Louis John Rudolph, Naturalist |»'^ Akers, Benjamin Paul, Sculptor Alcott, Amos Bronson, Educator ^-'^^ Alcott, Louisa May, Author —Z ^g-Q Alcott, William Alexander, Physician Ly» Alden, James, Naval officer Aldrich, Thomas Bailey, ^wiTio?- |»^o Alexander, Archibald, Clergyman Alexander, James Waddell, Clergyman 1«IJ4 i»oy Alexander, John Henry, Chemist and Physicist 1812 l«b7 Alexander, William, Officer and Astronomer iv^b l/ttd Alger, William Rounseville, Clergyman and Author — Allen, Eth an , Military officer \lf ™ Allibone, Samuel Austin, Author joio — Allston, Washington, Painter j^'^ Ames, Fish er. Statesman 1758 i»u» Anderson, Robert, Military officer • 18*^& imi Andrew, John Albion, Statesman. Bacon', Leonard, Clergyman and Author 1«02 Bainbridge, William, Naval officer. Ba.Yvy, 3 o\\n. Naval officer Bateman, Kate Josephine, Actor Bates, Joshua, Philanthropist ™ i»M Bayard, James Ash ton , Statesman I7b7 i»io Beach, Moses Yale, Inventor.. 1»00 i»b8 Beaumont, William, Physician Beecher, Catherine Esther, Author Beecher, Henry Ward, Clergyman and Author I8irf — Beech er, Ly m h n , Clergyman f Bell, John, Statesman ^ V'T";'/ lail Bellows, Hen ry Whit ney , Clergyman and Author — Benjamin, Park, Journalist Bennett, James Gordon, Journalist J-»uu J^o'J- 230 .1818 1867 1766 1853 1801 1851 Appleton, Samuel, Philanthropist i^oo Arnold, Benedict, Military officer Audubon, John James, Ornithologist • -i-'o^ Babbitt, Isaac, Inventor 1799 1862 Bache, Alexander Dallas, Physicist icUo ■* it.h.nr 1774 1833 Baird, Spencer Fullerton, Naturalist 18^3 — — Ball, Thomas, /Sculptor „ Ballou, Hosea, Clergyman Bancroft, George, Axitlior • ™ Banks, Nathaniel Prentiss, >Sifaiesman t»^b — Barlow, Joel, Poet •1755 ^ Barnard, Henry, Educator • |»^^ Barnes, Albert, Clergyman 1798 |» u Barney, Joshua, Naval officer 17oy is^? 1803 EMINENT MEN AND WOMEN. 231 BORN DIED BeiDton, Thomas Hart, Statesman 1782 1858 Bierstadt, Albert. Painter 1829 Bigelow, Jacob, Physiitian and Author 1787 Bigelow, John, Author and Editor 1817 Blair, Francis Preston, Journalist and Politician 1791 1875 Boker, George Henry, Poet 1828 Bond, William Cl'?^\lQ,h , Astronomer 1789 1859 Boone, Daniel, Pioneer 1735 1820 Booth, Edwin F., Actor 1833 Booth, Junius Brutus, Actor 1796 1852 Bowditch, Nathaniel, Mathematician and Astronomer 1773 1 838 Bowdoin, James, Statesman 1727 1790 Bowen, Francis, Author 1811 Bowles, Samuel, Journalist 182(5 Brace, Charles Loring, Author 1826 1875 Bradford, William, Pilgrim 1588 1657 Bradstreet, Anne, Poet 1612 1672 Breckinridge. John Cabell, Statesman 1821 1875 Brewster, William, Pilgrim 1566 ■ 1644 Brooks, Charles Timothy, Clergyman and Author 1813 Brown, Charles Brockden, Novelist 1771 1810 Brown, George L., Painter 1814 Brown, Goold, Grammarian 1791 1857 Brown, John, of Ossaivottomie 1800 1859 Brown, Samuel Gilman, Educator 1813 ■ Browne, Charles F., Humorist , 1834 1867 Bryant, William Cullen, Poet and Journalist 1794 Buchanan, James, Fifteenth President 1791 1868 Buckingham, Joseph Tin\LeY, Journalist 1779 1861 Buckminster, Joseph Stevens, Clergyman 1784 1812 Bullions, Peter, Grammarian 1791 1864 Burges, Tristam, Orator and Jurist 1770 1853 Burlingame, Anson, Statesman and BijJlomatist 1822 1870 Burnside, Ambrose Everett, Military offioer 1824 Burr, A?^,xo\i, Statesman ...1756 1836 Burritt, Elihu, Reformer 1811 Burton, W^illiam Evans, Comedian ajid Authm- 1802 1860 Bushnell, Horace, Clergyman and Author 1802 Butler, Benjamin Franklin, Lawyer and Politician 1818 Byles, Mather, Clergyman 1706 1788 Calhoun, John Caldwell, Statesman ■ 1782 185C Calvert, George Henry, Author 1803 Cameron, Simon, Statesman 1799 Carey, Matthew, Political writer 1760 1839 C arn-11, Charles, of Carroilton, Patriot 1737 1832 Carson, Christopher, Mountaineer and Guide 1809 1868 Carver, John, Pilgrim 1621 Gary, Alice, Poet 1820 1871 Cass, Lewis, Statesman 1782 1866 Cassin, John, Ornithologist 1813 1869 Chtniniiig, William Ellery, Clergyman 1780 1842 Chase, Samuel Portland, "isi;«^es«ian 1808 1873 Cliauncey, Charles, Clergyman 1592 1672 Clieever, George Bauell, Clergyman and Author 1807 Chickering, Jonas, Philanthropist 1798 1853 Child, Lydia Maria, Author 1802 Choate, Rufus, Lawyer and Orator 1799 1859 Clarke, George Rogers, Military officer 1752 1818 Clarke, James Freeman, Clergyman and Author 1810 Clay, Henry, Orator and Statesman 1777 1852 Clemens. Samuel Langhorne, HumoTist 1835 — - Clinton De Witt, Statesman 1769 1828 232 EMINENT MEN AND WOMEN. Ellsworth, Oliver, Jurist. EmersoB, George Barrell, Educator .-• Emerson, Ralph Waldo, Essayist • io^d Emory, William Helmsley, Military officer.. ioi^ Ericssou, Joliu, Inventor BOKN DIED Cogswei], Joseph Green, ScTwlar 1786 J 871 Col burn. Warren, Mathematician j/y^ Cole, Thomas, Painter 1801 l»47 Coleman, William, Journalist I7bb lbZ\) Coolly er, Robert, Clergyman 18i3 — Colt, Samuel, Inventor 1814 1»W Colton, Calvin, Clergyman and Author 1789 lbb7 Cooper, James Feniniore, Novelist 1789 1851 Cooper, Peter, Philanthropist 1791 — — Copley, John Singleton, Painter 17rf7 I8ld Cotton, John, Clergyman lo85 IbH^ Crawford, Thomas, Sculptor 1814 1857 Crittenden, John Jordan, Lawyer and Senator l/8b 18bd Curtis, Benjamin Robbins, Jurist 1809 18/4 Curtis, George Tieknor, Jurist and Author 1812 Curtis, George William, Author 1824 Crushing, Caleb, Politician and Jurist , 1800 Cushman, Charlotte Saunders, Actor 1816 Dahlgren, John A., Naval officer 1809 1870 Dallas, Alexander James, Statesman and Financier 1/59 1817 Dallas, George Mifflin, Statesman 1/9^ l«b4 Dalton, John C, Physiologist lo^g Dana, James Dwigiit, Physicist i»irf Dana, Richard Henry, Poet and Essayist l/«7 Dana, Richard Henry, Jr., Laivyer and Writer 1815 — Dane, Nathan, Jurist and Statesman w5^ -lodo Darley, Felix O. C, Artist 182^ Davies, Charles, Mathematician ....^ i/ys Davis, Charles Henry, Mathematician and Naval officer 1807 Davis, John, Statesman 1'87 Deane, Silas, Diplomatist... I7d7 De Borr, James D. B., Journalist and Statistician 1820 18b7 Decatur, Stephen, Naval officer lofO Dexter, Samuel, Lawyer and Statesman 1/bl ibib Dickinson, Anna Elizabelh, Orator and Reformer 1842 Dickinson, John, Statesman ..l7o2 Dix, John A., Soldier, Lawyer' and Statesman 1/^98 Dixon, Joseph, Inventor \'^° ^«ba Dodge, Mary Abigail, Author l«rf» Douglass, Frederick, Orator and Journalist 1817 Douglas, Stephen Arnold, Statesman 181^ Downing, Andrew Jackson, Horticulturist — .on? icoa Drake, Joseph Rodman, Poet 189o ib^U Drake, Samuel G slv dnev. Historical writer .-In)^ Draper, John William, Chemist and Physiologist 1811 — — Duchi, Jacob, Clergyman jsfin Dunglison, Robley, Physician and Author 1798 I8b9 Dunlap, William, Painter and Author l/6b 18i9 Dupont, Samuel Francis, Naval officer 180d I8to Durant, Asher Brown, Painter and Engraver l/9b Duyckinck, Evert Augustus, Author Dwight, Timothy, Clergyman and Scholar. 1/oi 1817 Edwards, Jonathan, Metaphysician '. 1703 1758 Eliot, John, Apostle to the Indians |bUrf ibw Eliot, Samuel, Author l§fl Ellis, George Ed vvai d, Clergyman and Author 1814 1854 1789 1808 1861 .1745 1807 EMINENT MEN AND WOMEN. 233 BORN DIED Everett, Alexander Hill, Scholar and Diplomatist 1790 1847 Everett, Edward, Scholar and Orator „. I794 lyg^ Faneuil, Peter, Merchant 1700 1740 Farragut, David Glascoe, Naval offleer '.'.V.'.'.!!!!"!".'.*".".* 1801 1870 Peltoa, Cornelius Conway, Scholar and Author '."....'.'.*, 1807 1862 Fessenden, William Pitt, Lawyer and Senator '''..\m 1869 Fillmore, Millard, Thirteenth JPresident 1800 1874 Fitch, John, inventor ' ™ ^ Flint, Austin, Physician !.'.".'V.V.'.! I812 Foote, Andrew Hull, Naval officer isofi 186^ Force, Peter, Historian nqn S Forney, John Weiss, JbMrna/i5« 1817 Forrest, Edwin, Tragedian i«n« 1870 Fowler, Orson Squire, Phrenologist .' 1809 Franklin, Benjamin, Philosopher and Statesman... /Z/.IZ'S." '..1706 1790 Fremont, John Charles, ^aptorer 1«1q Freneau, Philip, Poet ^752 1332 Frothingham, Richard, Jr., Historian and J"owmoiisi5V///.V/.VZl812 Fuller, Sarah Margaret, ^M^Aor I810 IS'^O Fulton, Robert, Inventor .....".■."■!.".'.V.".'.".1765 1815 Gallagher, William D., Poet and Journalist , 1808 Gallatin, Albert, Statesman 1761 1049 Garrison, William Lloyd, Anti-Slavery Agitator'"'..'."''.. 1804 Gervy, Elhri^ge, Statesman .. I744 1814 Girard, Stephen, Merchant and Banker 1750 1831 Godwin, Parke, Journalist and Author 1816 Goodrich, Samuel Griswold, Author .*.".'.".""* 1793 I860 Goodyear, Charles, Inventor I800 1860 Gough, John B , Tempei-ance lecturer I8I7 1. Gould, Augustus Addison, Naturalist .....V.V.V.V. 1805 Grant, Ulysses Simpson, Mghteenth President ' 1822 Gray, Asa, Botanist ""'I8IO Greeley, Horace, Journalist !.....'.*."!......!".".",'.!..".* 1811 1872 Greene, Nathaniel, Military officer 1742 17s/? Greenleaf, Simon, JmW*«....„...1. l^o f^^S Greenough, Horatio, Sculptor ,V lunr, Griswold, Rufus Wilmot, Author V////.!;!'.*.'.Zl815 1857 Hale, Edward Everett, Clergyman and Author 1822 Halleck, Fltzgreene, Poet 179O i867 Halleck, Henry Wagner, Military officer 1814 1872 Hamilton, Alexander, >Si5ai5esman I757 ico4 Hamlin, Hannibal, Statesman V.'.'.V." ".*'*'* 1809 Hancock, John, Patriot I797 1700 Harding, Chester, Painter .'. 1700 10^^ Hare, Robert, Chemist 178i S Harris, Thaddeus William, Entomologist '.'.'.'.'.'.'. 1795 i856 Harrison, William Henrv, NiJith President 1773 1841 Hawks, Francis Lister, C?er92/ma?i and ^w^Aor 1798 1866 Hawthorne, Nathaniel, Author * *i804 1864 Hayne, Robert Young, Statesman '.'.'.'.'.'....' ". mi ISSQ Headley, Joel Tyler, ^M«/wr !. isu _ Henry, Joseph, Physicist I797 Henry, Patrick, Orator and Statesman ."!!"*."!!!!.'.".".".* I73fi I7qq Herbert, Henry WiUiam, Author I807 1858 Higginson, Thomas Wentworth, Author y.'.V.'.'.'.'.'.1823 Hildreth, Rieijard, Author and Journalist .'l807 1865 Hill, Thomas, Clergyraan ' 1818 1874 Hillard, George Stillman, Lawyer and Author'.'.'"!'.^.'.''.'".'.'. 1808 ■ - Hitchcock, Edward, Geologist I793 18(54 20 234 EMINENT MEN AND WOMEN. BOKN DIED Hoar, Ebenezer Rockwood, Jurist 1816 — Hoffman, Charles Fenno, Author 1806 Holland, Josiah Gilbert, Author and Journalist 1819 Holmes, Oliver Wendell, I*hysieian, I*oet and Essayist 1809 Holt, Joseph, Statesman 1807 Hooker, Joseph, Military officer 1815 Hosmer, Harriet G., Sculptor 1830 Houston, Samuel, Soldier and Statesman 1793 1863 Howe, Ellas, 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, Authcrr ..1788 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 Ibdb King, Rufus, Statesman and Diplomatist ....1755 1827 King, Thomas Starr, Clergyman and Author 1824 1864 Kirkland, Caroline Matilda, Author 1801 1864 Knuland, Samuel, Naturalist , 1821 — — Knox, Henry, Military officer 1750 180b Laurens, Henry, Statesman • 1724 1792 Lawrence, Amos, Philanthropist 178b 1852 Lawrence, James, Naval officer 1781 1813 Ledyard, John, Traveller 1751 1789 Lee, Arthur, Diplomatist 1740 1792 Lee, Charles, Military officer 17.^1 1782 Lee, Henry, Military officer • -IJob 1818 Lee, Richard Henry, Statesman ...1/02 1794 Lee, Robert Edmund, Military officer 1807 1870 Leslie, Charles Robert, Painter 1794 1859 Lieber, Francis, Publicist -ISOO lb/2 Lincoln, Abraham, Sixteenth President 1809 1865 Lincoln, Benjamin, Military officer 1733 ISIO Livermore, May Ashton, Reformer 1821 — - Liivingston, Edward, Jurist and Statesman 17b4 lodb EMINENT MEN AND WOMEN, 235 BORN DIED 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, J Siines, Fourth President 1751 1836 Mann, Horace, Educationist 1796 1859 Marion, Francis, Military officer 1732 1795 Marshall, John, Jurist 1755 1835 Mason, George, Statesman 1726 1792 Mather, Cotton, Clergyman 1633 1728 Mather, 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, Ormsby MacKnight, Astronomer 1810 1862 Monroe, James, Fifth President 1758 1831 Morgan, Daniel, Military officer 1736 1802 Morris, George P., Poet and Journalist 1802 1864 Mon-is, 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, Surgeon 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 Olrastead, Denison, Astronomer 1791 1859 Otis, James, Orator and Patriot 1725 1783 Owen, Robert, Philanthropist: 1771 1858 Paine, Thomas, Political and Dfistical writer 1737 1809 Palfrey, John Gorham, Author. 1796 Parker, Theodore, Clergyman and Author 1810 1860 Parkman, Francis, Author 1823 Parsons, Theophilus, Jurist...: 1750 1813 Parton, 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 Peabody, George, Philanthropist 1795 1869 Peale, Charles Wilson, Painter .1741 1827 Peirce, Benjamin, Mathematician 1809 Percival, James Gates, Poet 1795 1856 Perkins, Thomas Handaryd, Philanthropist 1764 1854 Perry, Oliver Hazard, Naval officer 1785 1819 Phillips, Wendell, Orator and Reformer 1811 Phips, Sir William, Governor of Mass 1651 1695 Physic, Phillip Syng, Physician and Surgeon 1768 1837 Pickens, Andrew, Military officer 1739 1817 236 EMINENT MEN AND WOMEN. BOKN I)TKt Pickering, Timothy, Soldier and Statesman 1745 1829 Pierce, Franlslin, Fourteenth President 1804 1869 Pierpont, John, Clergyman and Poet 1785 1866 Pincli;ney, Charles Cotes worth, Soldier and Statesman 1746 1825 Poe, Edgar Allan, Poet 1811 1849 Polk, James Knox, Eleventh President 1795 1849 Porter, David, Naval officer 1780 1843 Powers, Hiram, Sculptor 1805 1873 Preble, Edward, Naval officer 1761 1807 Prentice, George Denison, Poet and Journalist 1802 1870 Prentiss, Seargeant Smith, Lawyer and Orator 1808 1850 Prescott, William, Military officer 1726 1795 Prescott, William Hickling, Historian.. 1796 1859 Priestley, Joseph, Philosopher, Chemist and Theologian 1733 1804 Prince, Thomas, Minister and Chronologist 1687 1758 Putnam, Israel, Military officer 1718 1790 Quincy, Josiah, Jr., Patriot 1744 1775 Quincy, Josiah, Statesman and Scholar 1772 1864 Randolph, John, Orator 1773 1833 Raymond, Henry Jarvis, Journalist 1820 1869 Read, Thomas Buchanan, Painter and Poet 1822 1872 Reed, Henry, Author 1808 1854 'Reed, J os,eph, Statesman 1741 1785 Reveu, Paul, Engraver and Patriot 1735 1818 Ritten house, David, Mathematician and Astronomer 1732 1796 Rodgers, John, Naval officer 1771 1838 Rosecrans, William Starke, Military officer 1819 Rowson, Susanna, Author 1762 1824 Rumford, 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 officer 1734 1818 Sargent, Epes, Author and Journalist 1812 Saxe, John Godfrey, Poet 1816 Say, Thomas, Naturalist 1787 1834 Schoolcraft, Heury Rowe, Author 1793 1864 Schurtz, Carl, Orator and Politician 1829 Schuyler, Philip, Military officer 1733 1804 Scott, Win field. Military offiAier 1786 1866 Seaton, William Winston, Journalist , 1785 1866 Sedgwick, Catherine M§ria, Author 1789 1867 Sedgwick, John, Military officer 1813 1864 Sewall, Samuel, Ji/ris^ 1652 1730 Seward, William Henry, Statesman 1801 1872 Shaw, Lemuel, Jurist 1781 1861 Sheridan, Philip Henry, Military officer 1831 Sherman, Roger, Statesman 1721 1793 Sherman, William Tecumseh, Military officer... 1820 Sigourney, Lj^dia Howard Huntley, Author 1791 1865 Silliman, Benjamin, Physicist 1779 1804 Silliman, Benjamin, Jr., Physicist 1816 Sirams, William Gilmore, Author 1806 1870 Sparks, Jared, Historian 1789 1866 Sprague, Charles, Poet 1791 1874 Sprague, William Buell, Clergyman and Author 1795 Spring, Gardiner, Clergyman and Author 1785 1873 Standish, Miles, Pilgrim 1584 1656 Stanton, Edwin McMasters, Lawyer and Statesman 1814 1869 EMINENT MEN AND WOMEN. 237 Stark, Jvohn, MilUary officer 1728 1822 Stedman, Edmund Clarence, Poet - 1833 . • Stephens, Alexander Hamilton, /Statesman 1812 Stephens, John Lloyd, Traveller 1805 187 Stevens, Thaddeus, Political Leader 1793 18G8 Stewart, Charles, Naval officer 1778 1869 Stewart, Alexander T., Merchant 1803 — — Stiles, Ezra, Clergyman and Scholar 1727 1795 Stoddard, Richard Henry, Poet 1825 — Story, Joseph, Jurist 1779 1845 Story, William Wetmore, Poet and Sculptor 1819 Stowe, Harriet Elizabeth Beecher, Author 1812 Stuart, Gilbert Charles, Painter 1754 1828 Sullivan, James, Statesman and Jurist 1744 1808 Sullivan, John, Military offixier .1740 1795 Sully, Thomas, Painter 1783 1872 Sumner, Charles, Orator and Statesman 1811 1874 Sumter, Thomas, Military officer 1734 1832 Taney, Roger Brooke, Jurist 1777 1864 Taylor, James Bayard, Traveller and Author 1825 Taylor, Zachary, Twelfth President 1784 1850 Thorean, Henry David, Naturalist and Scholar 1817 1862 Ticknor, George, Scholar and Author 1791 1871 Trowbridge, John Townsend, Author 1827 — — ■ Trumbull, John, Poet 1750 1881 Trumbull, John, Painter 1756 1843 Tuckerman, Henry Theodore, Poet and Essayist 1813 1871 Tudor, William, Scholar and Diplomatist 1779 1830 Tyler, John, Tenth President 1790 1862 Van Buren, Martin, Eighth President 1782 1862 Warren, John, Physician 1753 1815 Warren, John Collins, Surgeon and Author 1778 185b Warren, Joseph, Physician and Patriot 1741 1775 Warren, William, Comedian 1812 — - Washington, George, Eirst President 1732 1799 Wayland, Francis, Scholar and Clergyman l/9o 1865 Wt^yne, Anthony, Military officer 1745 1796 Webster, Daniel, Statesman, Lawyer and Orator 1782 1852 Webster, Noah, Philologist and Publicist 1758 1843 Weed, Thurlow, Journalist and Politician 1797 Weir, Robert Walter, Painter 1803 West, Beniamin, Painter 1738 1820 Wheaton, Henry, Jurist and Diplomatist 1785 1848 Whipple, Edwin Percy, Essayist 1819 White, Andrew Dickson, Educator 183^ White, Richard Grant, Philologist and Scholar 1822 Whitney, Eli, Inventor 1765 Whitney, William Dwight, Philologist 1827 Whittier, John Greenleaf, Poe« 1«07 Wilkes, Charles, Naval officer 1801 — Will ard , E m m a C . , Teacher and Author 1/87 18/0 WilUams, Roger, Founder of R. I. 1599 1683 Willis, Nathaniel Parker, Poet and Journalist 1807 1867 Wilson, Alexander, Ornithologist 1766 1813 Wilson, Henry, Statesman 1812 -— Winslow, Edward, Pilgrim, If95 16oo Winthrop, John, Governor of Mass ^ 1588 1649 Woolsey, Theodore Dwight, Scholar 1801 — — Worcester, Joseph Emerson, Lexicographer 1784 1865 1825 GEORGE WASHINGTON, THE FIKST PRESIDENT OF THE UNITED STATES. The most exemplary character, perhaps, that ever adorned any era in history, and wJio 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 be useful to his fellow-citizens 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 different 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 sent by Governor Dinwiddle 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 G-overnor 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- Bult 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, as 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 unanimously 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 YICE-PRESIDENT OF THE UNITED STATES. Election for tlie First Term, commenciug March 4, 1789, and terminating March 3, 1793. I No. of Electors from 1) 1 each State. STATES. 1 George Washington, 1 ot Virginia. 1 John Adams, of 1 Massachusetts. 1 Samuel Huntington, 1 of Connecticut. 1 John Jay, of New 1 York. John Hancock, of Massachusetts. R. H. Harrison, of Maryland. George Clinton, of New York. John Rutledge, of South Carolina, John Milton, of Georgia. James Armstrong, of Georgia. Edward Telfair, of Georgia. Benjamin Lincoln, of Massachusetts. 5 5 5 10 10 10 7 7 5 6 6 1 5 10 10 8 2 3 3 3 6 6 6 10 10 5 1 1 3 7 7 1 6 5 6 2 1 1 1 69 Whole No. Electors 69 34 2 9 4 6 3 6 2 The first Conffress 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 oflSce, as President, and entered upon his duties April 30, 1789. (For his 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) ELECTORAL 70TE3. 245 Election for the Second Term, commencing March 4, 1793, and , terminating March 3, 1797. SI si o o 132 STATES. New Hampshire. Massachosetts. .. Rliode Island.... Connecticnt Verinpnt New York Now Jersey Pennsylvania Delaware Maryland Virginia Kentucky North Carolina.. , South Carolina. . Georgia > Ho Whole No. of Electors ,09 Majority r7 George Washington, re-elected President, took the oath of of- T u ^/f ^ond term, and entered upon his duties March 4 1793 John Adams, re-elected Vice P^resident, 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 indulSin^ tlie hope that the remainder of his days would be peacefullv^en'^ joyed in his much cherished home; but these pleasing anticipa- tions were not allowed to remain long undisturbed. In 1798 the conduct ot the French Directory and its emissaries led to frequent dilhculties with this country, which were calculated to provoke a war ; and the opinion was universally entertained that he who had formerly 80 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 feh^ armies raised, or to be raised, in the United States," was con- ferred upon him; and the Secretary of War, Mr. McHenry im- mediately waited upon him to tender the commission. In a letter 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 ly, 1735 He early displayed superior capacity for learning, and graduated at Cambridge College with great credit. Al- 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. Bein- 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. Me 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- pushed before his arrival, his visit hud, 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 pohtical opponents, however, managed to defeat his reelection, and te was sue- ceeded in the Presidency by Mr^Jefferson m 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 ^^/^^^^ stantly cheered by an interesting circle of friendship and affection The semi-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 T801. 2 1 a o o STATES. fi or, 9 ^ 2| Thomas Jefferson, of Virginia. o lib 3 « 1 i S 'i _d — o 'C o es' '-5 1-5 ;>H George Clinton, of New York. IS. Johnston, of 1 North Carolina. j James Iredell, of 1 North Carolina. Geo. Washington, of Virginia. |C. C. Pinckney, of 1 South Carolina. John Henry, of Maryland. 6 16 K^ w Hampshire HassacUusetts.. Rhode Island. . Connecticut ... 6 6 16 4 13 1 2 4 9 4 5 9 4 4 4 12 7 12 7 :2 New Jersey.... Peunsyls'auia. . 7 'ii 2 13 15 1 3 3 3 11 21 "i 4 3 2 Virginia i 20 4 1 1 4 16 3 1 12 8 North Carolir a South Carolina. 1 11 8 ' i 8 6 3 1 ; 1 4 Georgia 4 4 3 3 3 139 No. of Electors. 71 68 69 30 ,15 11 5 2 3 2 1 ' 2 John Adams, elected President, took the oath of office, and entered upon his duties, March 4, 1797. Thomas Jefferson, elected Vice President, took the oath of office, and entered upon his duties in the Senate, March 4, 1797. The administration of Mr. Adams encountered the most vir- alent opposition, both domestic and foreign. Fiance, still in the confusion following her revolution, made improper demands on our country, which not being complied with, she commenced seizing American property on the high seas. Our people, taking different sides, were about equally divided— some approving and others deprecating the course pursued by France. Letters of marque and reprisal were issued by our government, and a navy was raised with surprising promptitude. This had the desired effect, peace being thereby secured; and the aggressor waa taught that the Americans were friends in peace, but were not fearful of war when it could not be honorably averted. The Indians on our western frontiers also caused much trou- ble; but at length, being severely chastised by General Wayne, they sued for peace, which was granted in 1795. In 1800 the seat of government was removed from Philadel« phia to Washington City, which had been designated by Wash* ington, under a law of Congress, us the most central situation. THOMAS JEFFERSON, THE THIKD PRESIDENT OF THE UNITED STATES, Was born at Shadwell, Albemarle County, Yirginia (near Monticello, the seat where he died), April 13, 1743. He was educated at William and Mary's College, and gradu- ated with distinction when quite young. He was a great lover of learning, and particularly of natural philosophy. With the celebrated George Wythe, he commenced the study of the law, and became a favorite pupil. Mr. Jef- ferson was never distinguished as an advocate, but was considered a good lawyer. Soon after he came to the bar he was elected a member of the House of Burgesses, and, in that body, was duly appreciated for his learning and aptitude for business. He at once took fire at British oppression, and, in 1774, he employed his pen in discuss- ing the whole course of the British ministry. The work was admired, and made a text-book by his countrymen. In June, 1775, he took his seat in the Continental Con- gress, from Yirginia. In that body he soon became con- spicuous, and was considered a firm friend of American liberty. In 1776, he was chosen chairman of the com- mittee that drafted the Declaration of Independence. This instrument is nearly all his own, and was sanctioned by his coadjutors, with few alterations. In 1778, Mr. Jef- ferson was appointed embassador to France, to form a treaty with that government, but ill-health prevented his accepting this office. He succeded Patrick Henry, in 1779, as Grovernor of Yirginia, and continued in that sta- tion two years. In 1781 he composed his notes on Yir- ginia. In 1783 he was sent to France to join the minis- ters of our country, Mr. Adams and Dr. Franklin. In 1785 he succeeded Dr. Franklin as embassador, and con- tinued performing the duties of that office for two years, when he retired, and returned home. In 1789 he was made Secretary of State, under Washington, in which sit- uation he was highly distinguished for his talents. This station he resigned in 1793, and retired to private life. In 1797 he was elected Yice-President of the United States, and took his seat as President of the Senate, on 245 246 THOMAS JEFFERSON. the following 4tli of March. In 1801, he was President of the United States, which office he held for eight years. After completing his second term, he retired to private life, in which he spent his days in philosophical pursuits, until the 4th of July, 1826, when he expired, just fifty years after penning the Declaration of Independence. ^ His course was one of his own. Never lived there a politician who did more than Thomas Jefferson to bring his fellow- citizens to his own opinions. ELECTORAL VOTES. 247 Eieoiion for the Fourth Term, commencing March 4, ISOI, and terminating March 3, 1805. II o ® .s New Hampshire. Massachusetts. .. Rhode Island. . Connecticut Vermont New York New Jersey • Pennsylvania. .. c Delaware , Maryland Virginia Kentucky North Carolina. Tennessee South Carolina., Georgia STATES. No. of Electors 73 73 66 64 Majority 70 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, eix for Aaron Burr, and the votes of two States were divided. The balloting continued till the 17th of February, when the thirty-fifth ballot, as 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 his inaugural address, Mr. Jefferson used the following memorable expro6> Bion: "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 republican form, let them stand, nndisturbed, as monuments of tlie safety with which ebbob of opinion mat bi VOLEBATED, WHEBS REASON 18 LEFT FEEE TO GOMBAT IT," Aaron Buir, elected Vice-President, took the oath of office, and entered «pen taa duties iu the Senate, March 4. 1801. 248 RLECTORAL VOTES. Election for the Fifth Term, commencing March 4, 1805, and terminating March 3, 1809. pbesik't. V. pkes't. a (3 O a 2 * ® a o * 1 STATES. <»• o o a: ^ §■5 .a •= larlesO. Pinckney, South Carolina. 0 a s, 0 . Rufus King, of New York. !>■ So ^ . — — ^ — ■ ■ 7 -7 7 19 19 10 4 4 4 "9' "9* 9 6 "& 6 19 19 19 8 8 8 20 20 20 '3' "3* 3 9 2 "9* 2 11 24 24 24 14 10 14 14 10 10 6 6 6 5 5 5 8 8 8 o 3 3 162 14 162 14 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 enfered 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 Xovember, 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, iii 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, 9.nd was also ruinous to our coia merce with other nations, it was repealed in March, 1809. JAMBS MADISON, THE FODKTH PEESIDENT OF THE UNITED STATES, Was born in Orange County, Virginia, Marcli 16, 1751. His studies, preparatory to entering Princeton College, were pursued under the most favorable circumstances, be 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 that of President. In 1778, he 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, and 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 JeflFerson, who immediately ofifered 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 served 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 TOTES. 251 Election for the Sixth Term, commencing March 4, 1809, and terminating March 3, 1813. PBXSIDKNT. VTOE-TKESraBirt. £ o a 1 o 0 i — 0 i 0 ^ - No. of Elect each Btal STATES. .1 antes Madiec Virginia. Gporgo Clintc Now York. CO. Pinckne iSouth Carolii ^ o s ? ? 1 it 2 'Si |l s ~ CO 5| 0 X C ? s 0 7 7 7 19 19 19 4 4 9 4 9 9 6 19 8 6 6 13 8 6 13 3 3 8. 20 3 11 20 20 "3' 3 9 24 11 2 9 24 11 8 24 14 10 6 "3" 3 South Carolina 10 6 10 6 7 6 3 7 7 6 5 3 3 176 122 6 47 113 3 3 9 "47 James Madison took the oath of office, as President, and e» 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 were 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 friend» and enemies. 252 ELECTORAL VOTES. Eleciion for the Seventh Term, commencing March 4, 1813, and terminating March 3, 1817. £-2 ® 217 New Hampshire. Massachusetts. • ■ Rhode Island. • .. Connecticut Vermont New York New Jersey Pennsylrania. . .. Delaware • Maryland Virginia. North Carolina. South Carolina. . Georgia Kentucky Tennessee Ohio , Louisiana STATES, peesid't. V.PBE8 "R I fl-g 'be ] !zi Whole No. of Electors • Majority 100 James Madison, elected President for a second term. l_Ther6 is no notice on the Journals of Congress of his having taken the oath.] a x Elbridge Gerry, elected Vice-President, attended in the henate on the 24t.h 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 Decepaber 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 seamf-n against Algerine piracies. In May, 1815, a squadron under Commodore Decatur sailed for the Mediterranean, where the naval force ot 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 btates from any further molestation from that quarter. Similar treaties wftre also concluded with the other Barbary powers. JAMES MONEOB, 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 E^essians at Trenton, where he received a musket-ball in the shoulder; notwith- standing which, he valiantly " fought out the fight.'' He 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 purpose 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. Jefi'erson. In 1780, he was elected to the Virginia Legislature, and in the following year was made one of Governor Jefi"erson'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 hU pepularity. Two years afterward he waa elected United States Senator, and in 1794 lie 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 rc^turned 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. Gouverneur, 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 TOTES. 255 Election for the Eighth Term, commencing March 4, 1817, and terminating March 3, 1821. &TATES. Hew Hampshire. Massachusetts. . . Rhode Island... Connecticut Vermont New York , New Jersey Pennsylvania... Delaware Maryland Virginia North Carolina. South Carolina. . Georgia Kentucky Tennessee Ohio Louisiana Indiana Whol*i No. of Electors. Majority pssz; ft o 26 VICE-PBE8IDENT. 183 o a 2? ••••I- James Monroe took the oath of oflGice, as President, and en- Cfefred upon his duties March 4, 1817. Daniel D. Tompkins, elected Vice-President, took the oath of office, 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 n^igotiated 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 \*18 set oflF 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 VQTES. Election for the Ninth Term, commencing March 4:^ 1821, and terminating March 3, 1825. STATES. New Hampshire. Massachusetts. . . Rhode Island. .. . Connecticut Vermont Ke-w York New Jersey Pennsylvania... . Delaware Maryland Virginia North Carolina. . South Carolina . , Greorgia Kentucky Tennessee I.. Ohio Louisiana ....... Indiana Mississippi Illinois Alabama Maine Missouri PKESID'T. < s .£ % Si =1 5 " No. of Electors 231 Majority 118' 5 S 1^ a a Pi c VICE PEESIDENT. 3 !■ 3 2 3 3 1 218 s-5 ^ 1^ James Monroe was re-elected President, but there is no notice on the Journals of Congress that he again took the oath of office. Daniel D. Tompkins was re-elected Vice President, but there 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 fox* his native home. JOHN QUINCY ADAMS, THE SIXTH PRESIDENT OP THE UNITED STATES, Was born at Quincy, Massachusetts, July 11, 1767, and re- ceived the advantages of a pretty thorongli education be- fore entering Harvard College, wliicli 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 ot 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 Quincy, 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 ail 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 QUINCT 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 VOTES. 259 Election for the Tenth Term, commencing March 4. 1825, and terminating March 3, 1829. 9 « ?5 « PBESIDENT. STATES. 261 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 ^ O Maine . . , Missouri Whole No. of Electors Majority. 131 so ■ § g VICE PKESIDENT. M3 ^ 52; o 14 84 37 182 16 30 13 Neither candidate for the Presidency having received a ma- iority 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 8tate) were appointed, who, after exam- mincr the ballots, announced that the votes ot thirteen btates had°been given for John Quincy Adams; the votes of seven States for Andrew Jackson; and the votes of four States tor William H. Crawford. The Speaker then declared that John Ouincv Adams, having received a majority of the votes oi all the States, wa^ duly elected President of the United States for four years, commencing on the 4th of March, 1825 ; on which day Mr. Adams took the oath of office, and entered upon his duties. . , . ^ ■, ^.x. ^i. „r „<« ^ John C: Calhoun, having been elected Vice President, took the oath of office, and attended in the Senate, March 4, 1825. ANDREW JACKSON", THE SEYENTH PEESIDEliT OF THE UNITED STATES. A statesman of rare integrity, and a general of invincible skill and courage, was born at Waxbaw, 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- solved 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 pages in American history. 260 ANDREW JACKSO^. 261 At the close of the war lie 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 Semi- 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 Sayior of the world for Balyation. 262 ELECTORAL VOTES. Election for the Eleventh Term, commencing March 4, 1829, and terminating March 3, 1833. STATES. Maioe New Hampshire. Massachusetts. . . Bhode Island.... Connecticut Vermont New York New Jersey Pennsylvania.. . . Delaware Maryland Virginia North Carolina.. South Carolina.. Georgia ■ . . Kentucky....... Tennessee Ohio Louisiana Mississippi Indiana Illinois Alabama Missouri Whole No. of Eelectors. Majority .131 pkesid't. vice pbesid'* < s 20 178 83 171 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 office, 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. KoTE. — It was during this administration that the doctrine of State's rights was so strongly urged by Calhi.'un, and to this period may ba dated the orisio ctt tho treat rebellion of 18til. ELECTORAL TOTES. 263 Election for tTie Twelfth Term, commencing March 4, 1833, and terminating March 3, 1837. STATES. Maine New Hampshire. Massachusetts. .. Rhode Island.... Connecticut. . . Vermont New York New Jersey PennsY^ania . . . Delaw^e Maryland Virginia North Carolina.. South Carolina.. Greorgia Kentucky Tennessee. Ohio Louisiana Mississippi Indiana Illinois Alabama Missouri Whole No. of Electors 219 Majority 145 PBISIDENT. YICE PB£8UD£irr. 42 7 189 30 if 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, Marc-h 4, 1833. Early 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 not been perpetuated; for on the 16th of January, 1837, these partisan resolutions were expunged from the records by order of a handsome majority MAETIN VAN BUEEN, THE EIGHTH PRESIDENT OF THE UNITED STATES, Was born in tlie flourishing town of Kinderhook, New York, September 5, 1782, and early received the best ed- ucation that could then be obtained in the schools in his immediate vicinity. Having sufficiently prepared himself for the study of law, he entered the office of Francis Syl- vester, in his native town, where he remained about six years. But law did not engross his whole time : he found leisure occasionally to peer into the mysteries of political economy, and finally arrived at the conclusion that his chances for fame and fortune were at least equal in the arena of politics to any thing tie might accomplish by a strict adherence to legal pursuits. Fully impressed with this idea, he early set about cultivating what little popu- larity could be gained in his limited sphere, and so won upon the confidence of his neighbors and friends as to be appointed, while yet in his teens, a delegate to a conven- tion in his native county, in which important political measures were to be acted upon. In 1808, he was appointed Surrogate of Columbia County, the first public office he ever held; and in 1812 and 1816 he was elected to the State Senate, in which body he be- came a distinguished leader of the Madison party, and one of its most eloquent supporters. In 1821, he was elected to the United States Senate, in which he held his seat for nearly eight years, and became remarkable not only for his close attention to business, but also for his devotion to the great principles of the Demo- cratic party. In 1828, he was elected Governor of his native State, and entered upon the duties of that office, on the first of January, 1829; but he filled the gubernatorial chair for only a few weeks. In March following, when G-eneral Jackson was elevated to the Presidency, he tendered Mr. Van Buren the post of Secretary of State, which was ac- cepted. At the expiration of two years he resigned his seat in the Cabinet, and was immediately appointed min- ister to England; but when his nomination was submitted 264 MARTIN VAN BUREN. 265 to the Senate (June 25, 1831) it was rejected by the casting vote of the Vice-President (Mr. Calhoun), and, of course, he was recalled. As his friends attributed his rejection to personal and political rancor, it only served to raise Mr. Van Buren in the estimation of his political adher- ents, and the result was that, in May following, he was nominated, with great unanimity, for the Vice-Presidency by the Democratic Convention, at Baltimore. His trium- phant election was regarded not merely as a high compli- ment to himself, but as a wholesome rebuke to his oppo- nents. ^ In 1836, he was put in nomination for the chief magis- tracy, to which he was elected, by a large majority, over General Harrison; but, at the next Presidential election the tables were turned, and he only received sixty votes out of two hundred and ninety-four. After his defeat, he returned to Kinderhook, where he remained some time, and then visited Europe, with one of his sons, whose restoration to health was the principal ob- ject of his journey. Not long after his return he consented to become once more a candidate for the Presidency and in 1848, received the nomination of the Free-soil party bufc did not secure a single electoral vote. 23 266 ELECTORAL VOTES. Election for the Thirteenth Term, commencing March 4, 1837 and terminating March 3, 1841. STATES. ▼ICE PBEaiOENT. 5& ii MaiE» New Hampshire. Massachusetts. .. Rhode Islaud. . .. Coiiuecticut , Vermont , New York New Jersey Pennsylvania, . .. Delaware , Maryland Virginia North Carolina.. . South Carolina. » Georgia Kentucky Tennessee Ohio Louisiana Mississippi Indiana Illinois , Alabama. Missouri Arkansas Michigan Whole No. of Electors. Majority .^^^^^^ 170 11 77 47 Martin Van Buren, elected President, took the oath of office, and entered upon his duties, March 4, 1837. Richard M. Johnson, elected Vice President, took the oath of office, and attended in the Senate, March 4, 1837. Urged by the unprecedented financial embarrassments which were experienced in every branch of industry, and especially by the mercantile class, Mr. Van Buren's first measure was to convene a special meeting of Congress early in September, '37, which continued in session forty days, but accomplished very little. A bill authorizing the issue of $10,000,000 in treasury notes was passed; but the Independent Treasury bill (the great financial measure of the administration) was then rejected, al- though afterwards (in 1840) adopted. *Elected by the SenAte. WILLIAM HENET HAEEISON, THE NINTH PBESIDENT OF THE UNITED STATES, Was born in Charles City County, Virginia, February 9, 1773, and was educated for the medical profession at Hampden Sydney College. He graduated at a time when our north-western frontier was suffering much from the neighboring Indians, and, believing that he could be of greater service in repelling the savage invaders than in pursuing his studies, he accepted an ensign's commission from President Washington, and joined the army. He was promoted to a lieutenancy in 1792, and his skill and bravery were highly commended by General Wayne, under whose command he was engaged in several actions. After the bloody battle of Miami Rapids, he was rewarded with the rank of captain, and immediately placed in command of Fort Washington. In 1797, he resigned his commission for the purpose of accepting the office of Secretary of the North-west Territory, from which he was elected a dele- gate to Congress in 1799. When a territorial government was formed for Indiana, he was appointed the first Grovernor, and continued in that office till 1813. To his civil and military duties he added those of Commissioner and Superintendent of Indian Affairs; and, in the course of his administration, he concluded thir- teen important treaties with the different tribes. On the 7th of November, 1811, he gained the celebrated battle of Tippecanoe, the news of which was received throughout the country with a burst of enthusiasm. During the war of 1812, he was made commander of the North-western army of the United States, and he bore a conspicuous part in the leading events in the campaign of 1812-13 — the defense of Fort Meigs, and the victory of the Thames. In 1814, he was appointed, in conjunction with his compan- ions in arms, Governor Shelby and General Cass, to treat with the Indians in the North-west, at Greenville ; and, in the following year, he was placed at the head of a com- mission to treat with various other important tribes. In 1816, he was elected a member of Congress from Ohio, and, in 1828, he was sent minister plenipotentiary 267 268 WILLIAM HENRY HARRISON. to the republic of Colombia. On bis return, be took up bis residence at No^tb Bend, on tbe Obio, wbere be lived upon bis farm, in comparative retirement, till 1836, wben be became a candidate for tbe Presidency; and, altbougb defeated on tbe first trial, four years afterward be was elected by a large majority, and inaugurated in 1841. But be did not long survive tbis crowning bonor, as be died on tbe 4tb of April, just one montb after entering upon bis duties. His funeral obsequies were performed on tbe 7tb, and an immense concourse assembled to pay tbeir testimony of respect. Funeral services and processions also took place in most of tbe principal cities tbrougbout tbe country. As Greneral Harrison was tbe first President wbo died wbile in office, bis successor, Mr. Tyler, recom- mended tbat tbe 14tb of May be observed as a day of fast- ing and prayer, and accordingly it was so observed. ELECTORAL VOTES. Election for fhe Fourteenth Term, commencing March 4, 1841, and terminating March 3^^1845. STATES. PRESII) T. TICE PRESIDENT. Maine New Hampshire. Massachusetts. . . Rhode Island... G^mnecticut Vermont New York. New Jersey , Pennsylvania. . ■ Delaware Maryland Virginia North Carolina., South Carolina. . Georgia Kentucky Tennessee Ohio Louisiana Mississippi Indiana Illinois Alabama Missouri , Arkansas Michigan No. of Electors Majority 148 15 23't 60 |234 U William H. Harrison, elected President, took the oath of of- fice, and entered upon his duties, March 4, 1841. John Tyler, elected Vice President, took the oath of office, and attended in the Senate, March 4, 1841. Soon after his inauguration, President Harrison issued a pro- clamation, convening Congress for an extra session on the Slst of _May, to consider "sundry weighty and important matters, chiefly growing out of the state of the revenue and finances of the country." But he did not live to submit his remedial plana — dying, after a very brief illness, on the 4th of April, exactly one month after coming into office. He was the first President who had died during his official term, and a messenger was im- mediately dispatched with a letter, signed by all the members of the Cabinet, conveying the melancholy intelligence to the 270 ELECTORAL VOTES. ^ice President, then at Williamsburg, Va. By extraordiuary means he reached Washington at five o'clock on the mornin<' of the 6th, and at twelve o'clock the Heads of Departments vraited upon him, to pay their official and personal respects. After signifying his deep feeling of the public calamity sus- tained by the death of President Harrison, and expressing his profound sensibility of the heavy responsibilities so sudd'enly devolved upon himself, he made known his wishes that the sev- eral Heads of Departments would continue to till the places which they then respectively occupied, and his confidence that they would afibrd all the aid in their power to enable him to carry on the administration of the government successfully. Mr. Tyler afterwards took and subscribed the following oath of office : thl' nJfJn^lf 8w^r, that I will faithfully execute the office of President of f ^ Y^^^ and will, to the best of my ability, preserye, protect, and da- fend the Constitution of the United States. JOHN TYT.ICR "Apbil 6, 1841." xiiiJ!.Jt. Pursuant to the proclamation of President Harrison, Congress met on the Slst of May, and continued in session until the i3th V ^^P^^^^^er. On the 27th of July a bill for the establishment of Ihe Fiscal Bank of the United States," passed the Senate by a vote of 26 to 23, and was concurred in by the House of Representatives on the 6th of August— 128 to 91. President Tyler, however, returned the bill on the 16th, with his objec- tions, and it was lost for lack of a constitutional majority. But the friends of a national bank were not to be deterred from their purpose by a single repulse ; another bill (about the same in substance) was immediately hurried through both Houses, un- der the title of " The Fiscal Corporation of the United States," but this shared the fate of its predecessor. A Senate bill for the establishment of a uniform system of bankruptcy throughout the United States, was concurred in by the House on the 18th of August, and became a law; but, meet- ing with very general condemnation, it was soon after repealed. A bill was also passed at this extra session for the distribution of the proceeds of the sales of the public lands among the seve- ral States, in proportion to population. In 1842 an important treaty, adjusting the north-eastern boun- dary of the United States, was negotiated at Washington be- tween Mr. Webster, on the part of this country, and Lord Ash- burton, on the part of Great Britain. During the last year of Mr. Tyler's administration much excite- ment prevailed on the proposed annexation of Texas to the Union, which was strongly resisted at the North, on the ground that the bouth and southern institutions would thereby gain increased power in the national councils. A treaty of annexation, signed by the President, was rejected by tHe Senate, but measures were taken by which Texas was admitted the year following. JOHN TYLER, THE SUCCESSOB OF GENERAL HARRISON AS PRESIDENT, Was born at Williamsburg, Virginia, March 29, 1790, and at the age of twelve years entered William and Mary's College, where he graduated with distinguished merit five years afterward. Few have commenced life at so early a period as Mr. Tyler — he having been admitted to the bar when only nineteen, and elected to the Virginia Legisla- ture before attaining his twenty-second year. In 1816, he was sent to Congress ; in 1825, elected Grovernor of Vir- ginia ; and in 1827, became United States Senator; in which capacity he firmly supported the administration of General Jackson — voting against the tariff bill of 1828, and against rechartering the United States Bank. Notwithstanding this last vote, the friends of the bank, presuming upon his well-known conservatism, at the special session of Congress called by his predecessor, introduced a bill for the estab- lishment of the " Fiscal Bank of the United States," which passed both Houses by small majorities, and which Mr. Tyler felt bound to veto. But this did not dishearten the friends of the measure, who modified and rechristened theii financial plan, which, under the name of " Fiscal Corpora- tion of the United States," again passed both houses of Congress, and was again vetoed by the President. Of course, a large portion of the party that elected him were greatly dissatisfied with his course, and their denunciation of his alleged faithlessness 'were " loud and deep." To add to the embarrassments which were accumulating around him, all the members of his Cabinet, with the exception of Mr. Webster, resigned their places; but even this im- plied rebuke did not shake his integrity of purpose. An equally efficient phalanx of talent was called to his aid, and he had the satisfaction of seeing that his views were indorsed by a large number of leading statesmen. It has often been asserted that Mr. T. had pledged himself to sustain the financial schemes of the bank and its friends ; but this has always been denied, and circumstances cer- tainly warrant the conclusion that the assertion is un- founded. So gross and bitter were the assaulti made upon 271 272 JOHN TYLER. him, that he felt called upon to defend himself from their violence; and, after declaring his determination to do his duty, regardless of party ties, he said, "I appeal from the vituperation of the present day to the pen of impartial history, m confidence that neither my motives nor my acts will bear the interpretation which, for sinister motives has been placed upon them." On the expiration of his official term, he retired to his estate at Williamsburg JAMES KNOX POLK, THE TENTH PRESIDENT OP THE UNITED STATES, Was born at Mecklenberg, Nortla Carolina, November 2, 1795, and there received the rudiments of his «arly edu- cation. In 1806, his father removed to Nashville, Ten- nessee, taking his family with him, and here it was that Mr. Polk pursued those preliminary studies which were requisite to qualify him for the legal profession. After due preparation, he- entered the office of Hon. Felix Grrundy, under whose able instruction he made such rapid progress, that he was admitted to practice in 1820. Hia duties at the bar did not prevent him from taking part in the political affairs of the day; and in this sphere his comprehensive views and zealous devotion to Democracy soon secured him a widely-extended popularity, which re- sulted in his election to the Legislature of Tennessee, in 1823. In 1825, while yet in his thirtieth year, he was chosen a member of Congress, in which body he reniained fourteen years — being honored with the Speakership for several sessions. So well satisfied were his constituents with his congressional coi^rse, that he was elected G-overnor by a large majority, but some questions of local policy sub- sequently defeated his reelection. In 1844, he was unexpectedly nominated for the office of President of the United States by the Democratic Conven- tion at Baltimore ; and, having received sixty-five electoral votes more than his r'v a\ candidate, Mr. Clay, he was in- augurated on the 4th of March, 1845. Soon after Mr. Polk assumed the reins of government, the country became involved in a war with Mexico, which was little more than a series of victories wherever the American banner was displayed, and which resulted in im- portant territorial acquisitions. The ostensible ground for this war, on the part of Mexico, was the admission of Texas into the Union, which was one of the firs^ acts of Mr. Polk's administration. The Mexicans, however, paid dearly for asserting their frivolous claim to Texas as a revolted prov- ince, and the prompt and energetic course pursued by Mr. 273 274 JAMES KNOX POLK. tiie pe'^ple^^''''*'°°^'^ ^""^ sustained by a large majority of But notwitlistanding the advantageous issue of the war the acquisition of Texas, and the satisfactory settlement of several vexed questions of long standing, Mr Polk waa not nominated for a second term— various extraneous mat- ters leading to the selection of another candidate Per- haps it was fortunate for the country and for himself that he was permitted to retire to the more congenial enjoyment of private life; for his health had become very much im- paired, and he did not long survive after reaching his home m Nashville. He died June 15, 1849. ILBOTOBAL VOTES. 275 Election for the Fifteenth Term, commencing March 4, 1845, and terminating March 3, 1849. STATES. o . ® I 4) I- a p Maine New Hampshire Massachusetts Bhode Island Connecticut Vermont New York New Jersey Pennsylvania Delaware Maryland Virginia North Carolina South Carolina Georgia Kentucky Tennessee Ohio Louisiana Mississippi Indiana Illinois Alabama Missouri. Arkansas Michigan "Whole No. of Electors. Majority 17 170 105 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 incalcu Uble value. ZACHAET TATLOE, 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 his 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 GJ-rande, 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 Grande, 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, ha was every-where received with the most gratifying demon- strations of respect and affection. In 1848, General Taylof received the nomination of the Whig party for the office 276 ZACHART 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 vsrere 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, 1860. 278 ELECTORAL VOTBS. Election Jor the Sixteenth Term, commencing March 4, 1849, and terminating March 3, 1853. a o pbm't. V. P BES'l IT©, of Electors tt each State. STATES. Zachary Taylor, j of Louisiana. Lewis Cass, of Michigan. Millard Fillmore, 1 of New York. William O.Butler, af Kentucky. Q 9 .... 9 g 10 N6W Ssimpsliiro M-dfS sdpCli us e 1 10 12 4 6 .... 6 12 Q 0 OD. 116 c t i C U ti 6 .... 4 • ■•• 6 . ... 6 ,,,* 36 New York • • • • • 6 36 6 7 New Jersey 7 36 • »»• 26 Peniisy Ivflriiia • • • • 26 7 • ••• 3 Delaware • 3 26 3 • »• • 8 Maryland- • • 8 • ••• 17 Virginia 'if* 8 '17* 11 North Carolina. • 11 9 "9' 11 "9' 10 Creorgia • • 10 12 'io 12 12 13 ^Dennesseo 13 13 23 '23' '23* 6 6 Louisiana 6 "e' **6* 12 12 9 9 12 9 9 7 9 7 9 3 3 7 5 6 3 3 3 "3* 6 4 • •• • 4 4 4 4 4 4 4 E90 Whole No. of Electors ] L63 ] L27 ] 127 L63 ] Zachary Taylor took the oath of office, as President, and entered upon his duties March 4, 1849. He did not, however, long enjoy hig 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, 1849. Congress being in session at the time President Taylor died, the Vice President sent a mes- sage to both 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 N. C., President pro tern of the Senate, acted as Vice President,ea; q^czo.during the remainder of the term MILLAED FILLMORE, THE SUCCESSOE OF GENEBAL TAYLOB AS PBESIDENT, 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 deliberations of that body, received general 279 280 MILLARD FILLMORE. commendation. Upon the sudden death of Gen. Taylor, lie 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. FEANKLIN PIERCE, THE TWELFTH PRESIDENT OF THE UNITED 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 183-1, 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-G-eneral, 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-G-eneral, with which he at once re- paired to the field of operations, where he distinguished himself in several hard-fought battles. At Cerro 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 9.81 282 FRANKLIN PIERCE. where received with gratifying evidences that his services were held m 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 btates, 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, 185d, 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 set down in malice." ELECTORAL VOTES. 283 Election for the Seventeenth Term, commencing March 4, 185S, and terminating March 3, 1857. pbes't. f. FKBS'I No. of Electors from each State. STATES. 1 Franklin Pierce, j of New Hampshire. Winfield Scott, of New Jersey. 1 1 William R. King, lof Alabama. Wm. A. Graham, of North Carolina. 8 ■ ■ 8 •••• 8 •••• 5 . ... 5 •••• 6 13 .... 13 13 4 4 .... 4 • •«• 6 g g 5 "5' "5 36 '65 35 7 7 7 I. "I 27 3 27 3 3 • 8 8 8 15 10 15 15 10 10 8 8 8 10 12 10 10 '12' '12* 12 12 12 23 6 '23 *23* 6 6 7 7 7 13 13 13 11 11 « *• 11 9 9 9 • •• 9 9 9 4 4 4 6 6 6 3 3 3 4 4 4 4 4 6 5 6 4 4 4 Sd6 254 42 254 42 1 Franklin Pierce took the oath of office, as President, and entered upon hia 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 he died soon after his return home, and Jesse D. Bright, of Indiana, then President of the Senate, acted as Vice President, ex officio, during the remainder of the term. John P. Hale, of N. H., and George W. 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 entire devotion to whatever he undertook, and his perseverance in surmounting 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 Bepresentative to Congress, where he remainedfor 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, and he negotiated a commercial treaty which proved of great advantage to American commerce. In December, 1834, having been elected to the United States Senate, 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 counselor 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 ^ V JAMES BUCHANAN. 285 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 wing 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 Grovernment 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 threatening attitude, Buchanan declared against the right of secession, but at the same time denied the right of coercion by the G-overnment. 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. cisive policy toward armed 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 J acksonian 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 ce- mented by the sacred blood of the Revolutionary sires, 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 Grov- 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 seen 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 only survived the close of the war about three years, as he died on the Ist of June, 1868, in the 77th year of his age. 288 ELECTORAL VOTKS Ehction for the EigJiteentJi Term, commencing March 4, 1857 and terminating March 3, 1861. [ No. of Electors from 1 each State. STATES. PR BSIDKNT. vice-pbes't. James Buchanan, of Pennsylvania. John 0. Fremont, of New York. Millard Fillmore, of 1 New York. 1 a « 1 - - ^ Wiiliiini L. Dayton, 1 of New Jersey. a i 1 , A t a ^ o • ••• .... .... • ••• 8 5 33 4 6 5 35 7 27 A 8 15 10 8 10 12 12 23 8 5 13 4 6 5 35 8 5 13 4 6 5 35 "Vcriuoiit •••••• ••••• 7 27 3 7 27 3 8 15 10 8 10 12 12 15 10 8 10 12 12 8 SLentucky . •«•••-••••••••••••••..•, 23 23 6 7 3 11 19 9 4 6 3 4 4 5 4 Louisiana 6 7 13 11 9 9 4 6 7 13 11 9 9 4 6 6 3 4 3 4 4 6 4 5 4 4 296 114 8 174 114 8 James Buchanan took the oath of office, as President, and entered upon his duties, March 4, 1857. John C. Breckenridge took the oath of office, as Vice-Presi- dent, and entered upon his duties, March 4, 1857. *When the Electosal votes-n^ere being counted, in Joint Ctonyention of the Senatt and House 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 Bu chanan had been elected President of the United States, without any reference tc the contested votes, and declined expressing an opinion on the subject. ABRAHAM LINCOLN", THE FOURTEENTH PRESIDENT OF THE UNITED STATES, Was born in Hardin County, Kentucky, February 12t]i, 1809. The record of bis 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. In 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 the entire 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, Bufi"alo, 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 25 289 290 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 iaterfere 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 consequence 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 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 stand 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 0^^ the Union ; that acts of violence within any btate _oi States against the authority of the United States are in- surrectionary or revolutionary, and that he should, as the Constitution expressly enjoined 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 tar aa practicable, unless restrained by his rightful masters, the ABRAHAM LINCOLN. 291 American people, lie 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 askea. 292 ABRAHAM LINCOLN. On tlie 16tli 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 indifi"erence ; 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, Beaulort, 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 — tte 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 Grovernment 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.' * >}c ^i^ * "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, and 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 p 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. PEESIDBNT. . VICE PaKgrD"ENT. No. of Electors from 0 each State. STATES. Abraham Lincoln, * of Illinois. : Jno. C. Breckenndge : of Kentucky. : John Bell, of : Tennessee. : Stephen A. DouglaB, : of Illinois. IHannilial Hamlin, «>lof Maine. ; Joseph Lane, o' : Texas. : Edward Everett, of : MassachusettB, o a o |-» «• *B £o o 6 13 4 5 13 4 5 13 4 6 6 5 6 c O 6 36 35 4 35 3 3 7 27 27 27 • ••• 3 3 3 8 8 8 15 10 8 10 12 12 23 15 15 ..• 10 10 8 10 8 10 Kentucky 12 12 12 12 • ••• 23 23 6 6 6 Mississippi 7 7 7 13 11 19 is' 13 11 11 9 9 9 9 9 4 4 4 Michigan Florida 6 "e* 6 3 3 3 4 4 4 4 6 4 4 3 4 4 5 5 1 4 4 1 * 4 3 3 S15 iso 72 39 12 180 72 39 12 Abraham Lincoln took the oath of oflBce as President, and entered upon his duties, March 4th, 1861. Hannibal Hamlin took the oath of oflBce 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 mado the pretext for the great rebellion of 1861. 296 ELECTORAL VOTES. Election for the Twentieth Term^ commencing March 4, 1865, and terminating March 3, 1869. 1 1 o . 9 o ^3 o c R a* STATES. PKESIDENT. V. PREglDKKT Abraham Lincoln, of lUinoi*. Geo. B. McOlellan, of Ohio. Andrew Johnson, of TonnesHoe. a o _2 ■3 3 a 0, ".a 7 5 12 4 6 5 33 7 26 3 7 15 5 8 10 10 11 12 21 6 7 13 15 19 11 4 8 3 4 8 8 5 4 3 3 3 331 AT • 7 5 12 4 G 5 33 7 5 12 4 6 5 33 Vnw Ynrb . . New jGFSGy »••*•••••••••••• ••«• •••••••• 7 7 26 26 3 3 7 7 6 6 11 11 Ohio 21 21 LouisifiiiEi •■••••«••••••• «••• «••• i 13 15 Alftljtiiii& 11 11 8 8 8 8 5 4 3 3 3 8 8 5 4 3 3 212 21 213 21 Virginia, South Carolina, North Carolina, Georgia, Tennessee, Louisiana, Mis- tissippi, Alabama, Arkansas, Florida and Texas, being in rebellion, did not vote for President and Vice President. Whole number of Electoral Totea 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 GoTernment. Abraham Lincoln took the oath of oflace as President and entered upon his do- ties March 4, 1865. Anarew Johnson took the oath of office as Vice President, and attended in' the Senate as its President March 4, 1865. ANDREW JOHNSON • Was born at Raleigh, North Carolina, December 29 th^ 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 young 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 1824, having completed his apprenticeship, he went to Laurens Court-house, South Carolina, where he worked as journeyman for two yeard. 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 Grreenville, 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 as 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 Grreenville — 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 stump 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 ail the party measures. In 1853, he was elected Governor, after a very exciting contest, over Gustavus A. Henry. He was reelected iu 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 Pi-esident 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- istantly 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 same day, by Chief Justice Chase. Soon after entering upon the duties of his office, he ve- ANDREW JOHNSON. 299 toed the Civil Rights Bill, the Constitutional Amendment, the Military Government Bill, and all the important bills passed by Congress; also suspended Edwin M. Stanton, Secretary of War, from office, during the recess of Con- gress ; on the assembling of which, he sent them his reasons for so doing. Upon considering which, they re- instated Secretary Stanton. Whereupon the President is- sued an order removing him, and ordering Major-General Thomas, Adjutant-General of the army, to act as Secretary ad interim — the same being done without the consent or advice of the Senate — for which and many other acts com- mitted by him, and by Congress deemed unconstitutional, the House did, on the 25th of February, 1868, impeach Andrew Johnson of high crimes and misdemeanors ; and he was accordingly tried for the same, by the Senate — the result of which trial will be found in the Impeaehmeat Act, on another page. 300 LIEUTENANT-GENERAL ULYSSES S. QBANT. 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 his 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 field piece, mortar, siege, and sea-coast guns, small sword and bayonet, as well as the construction ot field 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 months when he was ordered, with his regiment, to join the army of General Taylor, in Texas. Soon after this. Corpus Christi, 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 30th day of September, 1845. On the 8th day of May, 1846, he participated in the battle of Palo Alto, ani although not noticed in the official reports, was spoken of by i.-is com- rades as having displayed great gallantry. He was likewise engaged in the subsequent brilliant operations of General Tay- lor along the banks of the Kio Grande. On the 23d of Septem- LIEUTENANT-GENERAL ULYSSES S. GRANT. 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 Genera] Scott, and subsequently (March 29, 1847,) participated in the siege of Vera Cruz. Immediately after 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 Kay. 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 l6th 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 Vorthern frontier defences, along the borders of the Sta^tes 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 Ulinoia forces and mustering officer of Illinois LIE CJTEN ANT-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 efi"orts 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 Halleck having assumed command o-f 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 the promotion of General Halleck 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 MisaisaixuDi, under the command of LIEUTENANT-GENERAL ULYSSES S. GRANT. 303 General Grant. The General, however, was not long in this position until, the grade of Lieutenant-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, 1864, 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 oflF 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 game 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 filled the office with distinction until January 14, 1868, at which time Secretary Stanton was reinstated by Congress. On the 21st of May, 1868, he was unanimously nominated for the PresidentiaJ chair by the EepubUcan Convention, which met at Chicago. ELECTORAL V0TK8. Election for the Twenty-first Term^ commencing March 4, 1869, and terminating March 3, 1873. from j i m O %. ^ S> e S * . s( O a- z; 7 STATES. "Maiiu ~~ Ulysses S. Gram ' of Illinois. Horatio Seymou of Now York. Schuyler Colfax, ' of Indiana. Francis P. Blai of Miseouri. 5 12 Massachusetts I 5 12 4 7 5 12 4 4 T? ll l-V/l /I T l;. 1 ,1 6 6 5 G 5 5 33 New York 33 7 33 7 26 Pennsylvania 2G 2G 7 3 3 7 7 3 15 7 5 6 5 6 9 6 9 6 9 9 11 10 Kentucky 9 9 10 21 11 10 21 11 21 6 Louisiana G 6 7 13 15 9 11 Mississippi 13 13 15 9 11 5 15 9 11 5 5 A rkansas . 8 8 8 3 3 3 8 8 8 8 6 4 California 8 5 4 8 6 4 3 3 Oregon 3 3 3 3 3 3 3 310 159 Whole number of Electors. Necessary to a choice. 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. Alabama Arkansas California Connecticut Delaware Florida Georgia t Illinois Indiana Iowa Kansas Kentucky , Louisiana t Maine Maryland Massachusetts Michigan Minnesota Mississsippi ... 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 P 10 * Owing to the death of Horace Greeley, the vote of no Electoral College was given for him. The Democratic Electoral vote was for B. Gratz Brown, 18 ; Thomas A. Hendricks, 42 ; Charles J. Jenkins, 2 ; Davis Davis, 1. _ . ^ „ fNot 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. 26 POPULAR VOTES. POPULAR VOTE FOR PRESIDENT, BY STATES. STATES. 1824.* 1828. 1832.t 1836. s ■o 2il(j 9443 168C 67 193S 17138 No op J'son. 15G37 1238 1906£ 240C By Legis] 1978 ature 13829 4769 4448 4349 17755 4276 112^9 4110 18466 4738 19234 4155 1542 3005 Legisl 1901 7343 ature 219 1047 5315 1581 17052 18709 6763 22237 5428 15472 20750 14147 31552 24930 14983 41281 22126 18097 32480 6870 14G32 30G87 *1694 311 4107 9110 By 12280 5440 2145 By 21G 6453 Legisl 2J30 14523 "*3234 987 643 10985 Legisl 20415 18457 36100 Legisl 20197 ature 3646 6616 ""iig 1196 ature 15G21 4206 200 aturo 312 16782 31172 40t,7 20773 25759 2983G "l581 3422 2407G 23758 135413 13918 6339G 50848 2754 39084 4G05 13927 24578 6019 0763 8232 20G92 21950 1407G3 37857 07597 101G52 821 4339G 2528 27204 191G0 33003 maj. 19010 23393 15489G 45G3 76539 5671G 2810 36247 4049 33291 1915G 14545 "5919 5192 2548G 23856 1G8497 248G2 8124:. 90983 212G 3G955 3383 15239 25852 41093 4000 9G38 8337 6228 26892 138543 23621) 105405 87111 2710 33435 3653 22300 22167 33501 73G0 9979 10995 18722 2G347 166815 2G910 9;;948 91475 2964 Maine Maryland Massachusetts Michigan N. Hampshire Ngw Jersey New York NorthCarolina Ohio Pennsylvania . Rhode Island. SouthCarolina Texas 695 1401 19255 1609 2240 44090 143G 28740 359(;2 26120 :U89 Legisl 28G1 ature 8489 416 24784 12101 8205 26752 11152 11451 7870 33G09 20991 233G8 14037 30261 Total 105321 155872 44282 40587 509097 :47231 530189 J87502 r36G5G| 7 0 1549 • "^i^^^^^T^^l^l Adams in 1824, 50,551; over Adams in 1828, 138,134; over Clay in l«o2, 157.313. Van Buren over Harrison and all others, in 1836, 24,893. ':=Neither candidate received a majority of the Electoral Vote, and the House of Eepresc-ntatives elected Mr. John Quincy Adams. .XSi?"'''^ ^^ '•'■^ of Maryland, ran as an Anti-Masonic candidate, in 1832, re- ceiving a considerable vote in New England, New York and Pennsvlvauia afa"vo\e of Vermont'.' ""'^^ "^ ''^ receive^d tJe eS nT?J^TT^PJ'?^"^\?,"7°^^^^^ divided between General William H. Harrison, ol vlnie?^ts^;ZT^^^^^^ ^- ^ortl. Carolina. POPTTLAR VOTES. 307 POPULAR VOTE FOR PRESIDENT, BY STATES— Continued. MAXES. 1840. 1844. 1848. fl" n « i >■ 's ■2 g o u o -s •2 s "Pi H , e « gi p§ Alabama ... Arkansas ... 28471 51G0 33991 6766 2C084 5:>04 S7740 9o46 30482 7588 313G3 9300 Connectic't Delaware ... 31601 59G7 2529C 4884 174 32832 6278 29841 5996 1943 30314 6421 3116 47544 53047 69907 11084 67141 1821V 35125 37702 61070 23940 25922 32G71 14781 40015 218G03 43550 1383G0 185513 6779 27046 6898 1847 44802 5C300 74745 12093 49720 15370 39880 34528 35281 30G87 26537 4'- 077 277G3 3G901 114318 348G9 154775 17117G 3G4b 5005 80 15774 8100 1126 12096 125 38058 10389 75G0 829 120510 35354 11263 730 Georgia Indiana 40261 45537 65302 31921 47476 51604 149 42100 4.5528 67867 44177 57920 70181 3570 2106 Kentucky... Louisiana... 58489 11296 46612 33528 72874 22933 19518 22972 26158 33351 225817 46376 148157 144021 5278 32616 7616 46201 28752 51944 21131 16995 297 GO 32761 31034 212527 33782 124782 143672 3301 194 1621 321 126 69 2798 903 343 42 61255 13083 34378 35984 67418 24337 19206 31251 17866 38^18 232482 43232 155057 161203 7322 51988 13782 45719 32G76 62846 27759 25126 41369 271 GO 37495 237588 39287 149117 1G7535 48G7 4836 108G0 3632 41G1 131 15812 8050 3138 107 Maryland... Massach'tts Michigan ... Mississippi. Missouri .... New Hamp. New Jersey. New York... N. Carolina Pennsylv'a. Rhode Isl'd S. Carolina. Tennessee .. 60391 48289 60030 59917 64705 4509 23122 45124 13747 58419 10G6S 10948 4G58G 15001 13837 9 10418 Virginia .... Wisconfain .. 32440 42501 18018 43893 319 26770 43G77 18041 49570 3954 1275011 1122912 7059 12990G2 1337243 62300 13G0099 1220544 291263 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, 151,700. POPULAE YOTES. POPULAR VOTE FOR PRESIDENT, BY STATES- Continacd Alabama Arkansas California Connpcticut Deiavviire Fiorifla Georgia Illinois Iniliana Iowa Kentucky Louisiana Maine Maryland Massaclausett3 .. Michigan Mississippi Missouri New Ilimpshiri New Jersey New York Nt)rrh Carolina. Ohio Pennsylvania...., Rhode Island South Carolina.. Venuessee Texas Vermont Virginia Wisconsin Total lu()38 7404 30:].-;7 2S7A iGGfiO 8000] i5o5a 570G8 17255 32.143 350.;6 52G83 3;:;8rj9 17r)48 2!JD84 1GI47 38556 231882 300.'">8 15252G 179174 7G2G Electors 58898 4995 22173 58572 22240 1852. 1^ 2,;881 12173 4062G 33249 G318 4318 34705 8o:'.j7 95310 17703 53803 18G47 41G09 40020 445G9 41842 2G876 38353 29997 44305 2.;2083 39744 1G9220 1985 8 8735 cho'^en 57018 13552 13041 7S858 33G68 Da 100 31 GO 02 9;)CG 9G189 0929 91375 1004 43954 314 8030 G7379 54 281 28023 108190 7237 717G2 GG95 350 25329 31G82 8525 C44 by Leg 20091 42715 308 138C580 I 1 GO 1274 I 1-55825 38345 28338 27G007 187497 147510 11407 islature. 395G1 291 6G090 13412G4 1856. pa 4..7;;9 21910 533G5 34995 8004 G358 ^0578 10534-8 118G70 3G170 74G42 221C4 39080 39115 39240 5213G 3544G 58104 32789 4G943 195878 4824i; 171.874 230710 G080 73,J38 311 G9 105G9 8970G 52843 183S1G9 Pierce over Scott, 214,694; over Scott and flale, 588G9 377 Sr*'' ^'-^S.goS; Fremont and Fillmore over Bucboaan, POPXJLAK VOTES. 309 POPULAR VOTE FOR PRESIDENT, BY STATES— Continued. 1860. 1864. 1868. STATES. X (5. d a 3 2 >> Maine Nuw Qaiui!>Iiiiv Ma?sachns.-tts . Rhode Int Ni-w Voik N W J Tr-. y G2S1 1 ijj-;. .-.•S;:j 2:.. .93 3!;~.72 =•"=7.* 17 15.: _2 12510 C3G8 21 IJ 5039 '"l4"i"i 21 S 7-^'78' 3"95| 12 .7^21 1434i;l 41.93; 424221 4773.| 3 0341 4s745i 'Mi, 70433 37718 13_.37:i 129D3 4.^72: 44107 419883 i9S(l 4239} 3o.:i7i 50108 6548 4.3S1 12045 4_9S63 82725 Pi-nnsylvania... Drliiware Jlarylnnl Virginia 3^1." 22:'; 1;.)2.' 417 ' 7L«; 1 1 7^5 59-; l^.;_y(i 74:;i3 20 "38.' 61.3.:, 27 :"0S' 327.-' 3422S0 " 9.486 .S133S2 103.0 1 2275 "653U Kor.h L'ar;/iiua Sontli Carolina Gfur.uia K iitut ky T.'nnossci' Ohio Lonisiaua Missi-ssipjii >;'o " 231Ij10 pr-pn 4_C36u (;C05S 69274 12I'J3 202i'-l 2.5(i4'.. 27L.1 larvnte 115.U 25C51 11350 167232 3' '8'^ 516oij 53143 647(;9 11405 22 :S1 40797 """2"786|"'"o4;^Ol ""26.5l54j 205508 r-2:if0 56 J3.J 39536 90447 26k22^ 27911 9.5104 325ir 1285..' 45137 102108 115589 i;lC48 236032 413.58 l'..,.54S0 199141 72oS3 7*976 28406 97(io8 Indiana Illinois Al bania Missouri Arkan=.''-s ilichigali j *i7U2S 864:61 40i:J 27875 20094 40.: 5437 11550.) 1C021.' 13651 58S01 5227 "^3 r, 1220: 240 46631 28 1 L. Ox— 189467 I 7-991 65351 ■""3162" 07370 Texas lovsa Tur . =n543c L7;;L j 55 1 1 1 475 . 11.4 ;'""l2: Wiscon-iu California Miuucsota Oregon Kansas West Virginia S .III 3;ii7. 22M.,.C .")27( . Admit . Incln. Admit ir.l (i8r 6: is; od I ed in t ?d 0502 385 k . 11921 5 3951 since Va.in since 83 3433 74 500 1860. ^ 795.:- 4 621::J ? 2.50 .( 988. 11:22 2322 "982 1 43.641 ) 17.i7. 5 845- i 387^ 3 1045- 3 659- 1 54:.6' 435 0 892 2970 ' 2214 1 8-:2 54. 81 2SI17 } 9138 ] 13408 ; 12043 0791 972 J 3429 1 Total 186645 21590631 1137515 ' 847; )5 i! 221306 5 180223 -i 305311 1 2714195 ♦ Fusion ticket. POPULAB VOTES. POPULAR VOTE FOR PRESIDENT, BY STATES-Continued. STATES. Alabama , Arkansas California Connecticut Delaware Florida Georgia Illinois Indiana Iowa Kansas Kentucky , Louisiana , Maine Maryland Massac h usetts.. ... Michigan Minnesota Mississippi Missouri Nebi-aska .'. Nevada 'New Hampshire. New Jersey New York North Carolina... Ohio Oregon Pennsylvania..'.'.'.'. Rhode Island South Carolina.... Tennessee , Texas , Vermont Virginia West Virginia Wisconsin 1872. Republican. Grant. Liberal and Democratic. Greeley.* 90272 79444 4137£; 37927 5402( 4071S 6068^ 45S^!fl 11115 10206 17763 15427 62550 76356 241944 184938 186147 163632 131566 71196 67048 32970 88766 99995 71663 57029 61422 29087 66760 67687 ] 33472 59260 138455 78355 55117 34423 82175 47288 119196 151434 18329 7812 8413 6236 37168 31424 91656 76456 387281 440736 94769 70094 28] 852 244321 11819 7730 349589 212041 13665 5329 72290 22703 85655 94391 47468 66546 41481 10927 93468 91654 32315 29451 104997 86477 3597132 2834125 votes, and James THE MILITARY GOVERNMENT BILL. AN ACT for the More Efficient Government of the Rebel States: Whereas, 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 nesessary that peace and good order should be 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 presc-ribed; 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 aOVEENMENT BILL. life or liberty of any person, shall be executed until it is approTcd by the officer in cominand 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 ihe 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, propose(;i 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. 6, (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, which 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. Fa^ssd at the First Session of the Fortieth Congress. A* 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 ^tates of America jn Congress assembled, That before the first day of beptamber, eighteen hundred and sixty-seven, the commanding gen- eral m each district defined by an act entitled, "An act to provide lor 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 btate or fetates 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,) m 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 felony committed against the laws of any State or of the uAited btafees ; 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 ot 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 UILITABY GOVERNMENT BILL. shall be held of delegates to a convention for the purpose of estab* lishing a constitution and civil government for such State loyal to the Union, said convention in each State, except Virginia, to consist of the same number of members as the most numerous branch of the State 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 on 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 notify 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 supplementary ; and when the same shall have been so THE MILITAET GOVEENMENT 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 he 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 infiuence 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 bo approved by Congress, the State shall be declared entitled to repre- sentation, and senators and representatives shall be admitted there- from, as therein provided. Sec. 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 he 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 he it further enacted, That the convention for each State Bhall prescribe the fees, salary, and compensation to be paid to ali THE MILITART GOVERNMENT BII.Ii. 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 proTide for the levy and collection of such taxes on the property in such State as may be necessary to pay tha 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, 1868, 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 requirea 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 all legal and political disabilities imposed by the third section of the fourteenth article ot 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, officers in the judicial, nailitary, and naval service of the United States, heads of Depart ments, and foreign ministers of the United States. Approved May 22, 1872. HOMESTEAD LAW. By act of Congress of May 20, 1862, any person who is the head of a family, or who has arrived at the age of twenty -one years, or has performed service in the army or navy, and is a citii,en of the United States, or shall have filed his declaration of intention to become such, and has never borne arms against the Government of th« Uniled States, or given aid and comfort to its enemies, shall, from and after the 1st of January, 1863, be entitled to enter a quarter section (160 acres, ) of unappropriated public land, upon which he or she may have already filed a pre-emption claim, or which is subject to pre-emption, at $1.25 per acre; or 80 acres of unappropriated lands, at $2.50 per acre. In order to make his or her title good to such lands, however, Buch person must make affidavit that such applicatiou is made for his or her exclusive use and benefit, and that said entry is made for the purpose of actual settlement and cultivation, and not, either directly or indirectly, for the use or benefit of any other person or persona whomsoever; and upon filing the affidavit, and paying the sum of ten dollars to the register or receiver, such person shall be allowed to enter the land specified; but no certificate or patent is issued for the land until five years from the date of such entry, and the land must, during that time, be improved and not alienated, (it can not be taken for debt). At any time within two years after the expiration of said five years the person making the entry, or, in case of his or her death, his wldovf or heirs, may, on proof by two witnesses that he or she has cultivated or improved said land, has not alienated any part of it, and has borne true allegiance to the United States, be entitled to a patent; if at that time a citizen of the United States. In case of the abandon- mopt of the lands by the person making the entry, for a period of more than six months at one time, they revert to the United States. 317 It ^ i ^ I 1 ^ EH ^ 1 I 318 uaqnmjj | $ ^' m • o.S'r c-S 3.Si ooc^ — ccooiCoiccc^rocOTCqoT— ,— — — cqe^„_ — c^ear5c^q>^ iccq — 00030000.0 0 0 — ':^'5-'COtcr;iiO;z^--Ct)-x:-JDtr) o — M^-j;c i c o t: Oi oc3«ca>Oi- c o X ^ ot' o3 5 «3 gag g>o ; £= ® s> 5HBi:^5foH o •5 B a 'ii -2 02 O H? p 319 320 IMPORTANT STATISTICS. WEALTH, LOCAL DEBT, AND TAXATION in the several States and Territories, by Census of 1850, 1860, and 1870. Alabama... Arkansas. California Conn Delaware. Florida...., Georgia...., Illinois Indiana.... Iowa.... Kansas Kentucky. Louisiana. Maine Maryland. Mass Michigan Minnesota Mississippi Missouri. Nebraska Nevada.... New Ham. NewJersey New York. North Car. Ohio Oregon Penna....... R. Island.. South Car. Tennessee. Texas Vermont .. Virginia... W. Va Wisconsin Total... Territo- ries. Total... Gr'ndTot'l True Value of Real and Personal Estate. $228,204,332 39,841,025 22,1()1,872 155,707,980 21,062,556 22,862.270 335,425,714 156,265,006 202,650,264 23,714,638 301,628,456 233,998,764 122,777,571 219,217,364 573,342,286 59,787,255 '228,95ij30 137,247,707 103,652,835 200,000,000 1,080,309,216 226,800,472 504,726,120 5,063,474 722,486,120 80,508,794 288,257,694 201,246,686 52,740,473 92,205,049 430,701,082 42, 056 ,595 $7,115,000,800 $14,018,874 5,174,471 986,083 $20,179,428 $7,135,780,228 $495,237,078 219,256,473 207,874.613 444,274,114 46,242,181 73,101,500 645,895,537 871,860,282 528,835,371 247,338,265 31,327,895 666,043,1 12 602,118,568 190,211,600 376,919,94 815,237,433 257,163,983 52,294,413 607,324,911 601.214,398 9,131,056 ''"l563"lO,860 467,018,324 1,843,338,517 3;38,739,399 1,193,898,422 28,930,637 1,416,501,818 135,337,588 648,138,754 493,903,892 365,200,614 122,477,170 793,249,681 ""273,'67r,'668 1870. $16,086,519,771 $41,084,945 $73,096,297 $16,159,616,068 $29,,822,535,140 State,County,Town and City Taxation, 1,261,866 1,457,506 15,363,422 1,044,732 9,611,021 199,056 8,729,736 686,133 1,280,386 1,102,793 533,265 908,080 3,672,689 'Tssb'oil $93,774,421 $245,983,367 $30,068,518,50^ (b) $260,218 29,790 65,006 57,311 1870. $2,982, 2,866,890 7,817,115 6,064,843 418,092 496,166 2,627,029 21,825,008 10,791,121 9,055,614 2,673,992 5,730,118 7,060,722 5,348,645 6,632,842 24,922,900 5,412,957 2,648,372 3,736,432 13,908,498 1,027,32^ 820,308 3,255,793 7,416,724 48,550,308 2,352,809 23,526,548 580,956 24,.53],39: 2,170.1.52 2,767,675 3,381,5 1,129,577 2,135,919 4,613,798 1,722,1.58 6,387,970 $278,391,286 $31,323 362,197 13,867 ,.581,569 174,711 198,527 61.014 167,.355 163,992 34,471 $412,325 $2,789,026 $3,891,691 $13,277,154 4,151,152 18,089,082 17,088,906 526,125 2,185,838 21,753,712 42.191,869 7,818,710 8,043,133 6,442,282 18,953,484 53,087,441 16,624,624 29,032,577 69,211,538 ' 6,725,231 2.788,797 2,594,415 46,909,865 2,089,264 l,9^i6,093 11,153,373 22,854,304 159,808,234 32,474,036 22,241,988 218,486 89,027,131 6,938,642 13,075,229 48,827,191 1,613,907 3,594,700 55,921,255 .561,767 6,903,532 1864,785,067 $10,500 681.158 5,761 2,.596.515 222,621 278,719 7,560 88,827 $94,186,746 $281,180,312 $868,676,758 (a) Returns of taxation at 1860 incomplete, ib) No returns of taxation at 1860. IMPORTANT STATISTICS. 321 AGRICULTURAL STATISTICS. Lands, Productions, etc. Farm lands, improved, acres Farm lands, woodland, acres Farm lands, other, unimproved, acres Farm«, cash value of. Farming implem'ts & machinery, cash 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, bushels Rye, bushels Indian corn, bushels.. Oats, bushels Barley, bushels.... Buckwheat, bushels Rice, 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 Molasses, maple, gallons Beeswax, pounds Bees' honey, pounds 188,921,099 159,310,177 69,503,765 .262,803,861 S336,878,429 1310,286,285 447,538,658 47,335, 1»9 20,719,229 36,808,277 123,423,332 1396,956,376 11,525,276,457 7,145,370 1,125,415 8,935,3.32 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 73,635,021 262,735,341 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 25,456,669 12,746 27,133,034 1,730,444 3,937 87,043 24 28,443,645 6,693,323 16,050,089 921,057 631,129 14,702,815 163,110,720 244,101,818 B,645,045,007 $246,118,141 619,991,885 fl6,159,498 $24,546,876 $213,618,692 11,089,329,915 6,249,174 1,161,148 8,585,735 2,254,911 14,779,373 22,471,275 33,512,867 } 173,104,924 21,101,380 838,792,742 172,643,185 15,825,898 17,571,818 187,167,032 434,209,461 5,387,052 60,264,913 15,061,995 111,148,867 42,095,026 1,627,192 459,681,372 103,663,927 19,083,896 956,188 900,040 10,991,996 74,493 4,720,145 566,867 11,944 230,982 40,120,205 14,963,996 6,749,123 1,597,589 1,322,787 : 23,366,357 113,032,614 . 180,528,000 13,271,575,426 $151,587,638 ll',2 23,186 180,030 $27,493,644 $111,703,142 $544,180,516 4,336,719 559,331 6,385,094 1,700,744 9,693,069 21,723,220 30,354,213 100,485,944 14,188,813 592,071,104 146,584,179 5,167,015 8,956,912 215,313,497 199,752,655 2,469,093 62,516,959 9,219,901 65,797,896 28,268,148 221.249 313,345,306 105,535,893 13,838,642 468,978 416,S31 3,497,029 34,871 7,709,676 562,312 10,843 247,577 34,253,436 J- 12,700,896 } 14,853,790 322 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 1858 44,911,881 03 1859. 58,496,837 88 1860 64,842,287 88 1861 90,580,873 72 1862 524,176,412 13 1863 1,119,772,138 63 1864 1,815,784,370 57 1865 2,680,647,869 74 1866 2,773,236,173 69 1867 $2,678,126,103 87 1868 4,611,687,851 19 1869 2, ^88,452,213 94 1870 2,480,672,427 81 1871 2,353,211,332 32 1872 2,253,251,328 78 1873 2,234,482,993 20 1874 2,251,690,468 43 1875 2,232,284,531 95 DEBT OF BACH ADMINISTRATION. The public debt at the close of each Administration was: Washington, first term, ending 1793, $80,352,634 04 ; second term, $82,064,479 33 ; John Adams, $83,038,- 050 80; Jeiferson, first term, $82,312,160 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; Yan Buren, $13,594,480 73; Ty- ler, $15,925,303 01; Polk, $63,061,858 69; Fillmore, $59,803,117 70; Pierce, $28,699,831 85; Buchanan, $90,580,873 72; Lincoln, $2,680,647,869 74: Johnson. $2,588,452,213 94: Grant, first term, ending 1873, $2,234,482,993 20, (0 PUBLIC LANDS. „ , ACBES. Total number of acres of public lands of the United States, in- cluding those disposed of as well as those yet on hand 1,834,998,400.00 Quantity sold 161,766,426.46 Entered under the homestead laws of 1860, 1864, & 1866. 20,500,216.69 Granted for military services 62,115,202.03 Granted for agricultural colleges : ' Selected in place 1,461,157.64 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- ternal improvements 12,403,054.43 Donations and grants for schools 67,983,922.00 Donations and grants for universities 1,082,880.00 Located with Indian scrip 732,165.21 Located with float scrip under act of March 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 146 860.0.0 Granted to individuals and companies..... 2,48/,861.32 Granted for deaf and dumb asylums 44,971.11 Reserved for benefit of Indians 13,28o'699".94 Reserved for companies, individuals, and corporations 8,955,383.75 Confirmed private land claims 18,696,947.62 Total disposed of. 458,468,837.36 Bemaiuing unsold and unappropriated June 30, 1870 1,376,529,562!64 (m) IMPORTANT STATISTICS. 323 REVENUES OF THE GOVERNMENT For each fiscal year {ending Jun^ 30) fram each source since 1859. 1S60. 1661. 1S62. 1663. luternal reTenue §53,187,511 87 ^9,582,125 64 §49,056,397 62 §69,059.642 40 37,&10;767 95 1,465.103 61 167.617 17 3,741,794 38 1.795,331 73 1 52.203 77 915,327 97 Public lauds Miscellaiieo's sources 1,776.557 71 1,1)68,530 25 870,65i> 54 1,023,515 31 $56,0.54,599 c3 §41,476,299 49 §51,919,261 09 §112,094,945 51 1664. 1865. 1666. 1 1867. 1 Miscellaueo'o sources ?102,316.152 99 109,741,134 10 475,648 96 588,333 29 30,291,701 m § 84,923,260 60 209,4(54,215 25 1,200,573 03 996,553 31 25,441,556 00 §179,046,651 58 309,226.813 42 1,9741754 12 665,031 03 29,036,314 23 §176.417.810 88 266.027,537 43 4,200,233 70 1,163,575 75 15,037,522 15 §243,412,971 20 §322,031,158 19 §519,949,564 35 $462,646,679 92 1S6S. 1869. 1870. 1671. Miscellaneo's sources §164,464,599 56 191,067,589 41 1,788,145 6-5 1,346.715 41 17,745,403 59 §180,043.426 63 15S,356;460 86 765,685 16 4,020,344 34 13,997,338 65 §194,5.38.374 44 184,899,756 49 229,102 88 3,350.431 76 12,942,118 30 §206,270,408 05 143.098,153 63 580,355 37 2,388,646 68 22,093,541 21 §376,434,453 82 §357,188.255 64 §395,959,833 87 §374,431,104 94 1872. 1873. 1874. §216.370.286 77 130,642,177 72 §188.039.522 70 113,729,314 14 315.2.')4 51 2,882,312 33 17,161,270 05 §163,103.333 69 102,409,764 90 2,575,714 19 15,106.0.51 23 1.882,428 93 32,575,043 32 §364,694,229 91 §322,177,673 78 §299,941,090 84 in) S24 IMPORTANT STATISTICS. EXPENDITURES OF THE GOVERNMENT For each fiscal year {ending June 30) since 1859. 1860. 1861. 1862. 1863. fc'oreigu intercourse.. §5,148,65.5 41 1,163,207 15 11,514.649 &3 16,472,202 72 l,ia'),sn2 32 2,991,121 54 20,666,115 74 $6,156,199 25 1,142,973 41 12,387,1:56 .52 23,001, .530 67 1,034,599 73 2,865,481 17 16,028,115 03 §.5,939,(K)9 29 1,339,710 35 42,640,353 09 389,173,562 29 §6,350,618 78 1,231,413 06 63,261,235 31 603,314,411 82 1,078.513 36 3,152,032 70 15,616,3.50 .53 lut. on public debt 8.52,170 47 2,327,948 37 14,107,142 95 $60,056,754 71 $62,616,055 78 §4.56,379,896 81 §694,004 ,.575 56 §3,144,120 94 $4,034,1.57 30 §13,190,314 84 §24,729,700 62 1864. 1865. 1866. 1867. Foreign intercourse.. Int. on public debt.... §8,a59,177 23 1,290,691 92 85,704,963 74 690,.391,O48 66 4,98.5,473 90 2,629,975 97 18,222.347 72 $10,833,944 87 1.260,818 08 122,617,4.34 07 1,030,690,400 06 16,347,621 34 5,059..36{) 71 30,894,620 15 $12,287,828 55 1,.3.38,.388 18 43,.i63,6.>4 17 286.776,456 13 15,615,287 75 3,349.015 93 27.705,666 96 $15,.585,4S9 .55 1,548,589 26 31,034,011 04 95.224,415 63 20,936,551 71 4,6i2.5.31 77 33,976,144 91 $811,283,679 14 $1,217,704,199 28 $.3'J0.436,297 67 §202,947.732 87 $53,685,421 69 $77,395,090 SO §133,070,513 39 §143,781,591 91 1868. 1869. 1870. 1871. Civil list Forei^ intercourse.. Int. on public debt.... 111,950,1.56 .58 1,441,344 05 25.775,.502 72 123,236,648 62 23,782,-386 78 4,100,682 32 39,618,367 W $12,443,712 07 8,365,416 77 2f),000,757 97 78.501,990 61 28,476.621 78 7,042,923 06 35,664,932 69 $19,031,283 56 1,497;47.-, 3S,193,2.-4 41,7.-o,157 255,-545,922 32,fi5!;,35(i 3.373,172 6,590,687 41,782.731 607,328 .37 ,.586, 4.53 76..3(IH,104 1,249.123 378,870,939 lii,67S,698 121,691,148 2,;'76,761 290,121,188 4u,7 11,296 8,615,195 17,9,-7.225 6,577.201' 900,1.53 14,637,807 50,652,124 1,406,921 27,^49,4l;7 §4,-305,932,032 §1,885,861,676 §1,019,106,616 * Increase : 1860 over 1850, 85 per cent.; 1S70 over 1850, 123 per cent.; 1870 over 1S50, 323 per cent. (9) Lowest. 1872. § d = c — o i iisi i i i s. i IJt £ 00 ^ O N o 5 o X u: ci a; S ^ ?: -X 1 •— -r — ^ 3 to 1 "i- oc OC 1 « o J -2 -"-2 IMPORTANT STATISTICS. IMPORTANT STATISTICS. 327 THE CIVIL RIGHTS BILL. An Act to protect all persons in the United States in their ci-vil 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 diflferent 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. Seo. 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 ofi'ences 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 the first section of thi« act ; and if any suit or prosecution, civil or criminal, has bees m 328 THE CIVIL RIGHTS BILL 329 sliall be commenced in any State court against any such person, for any cause whatsoever, or against any ofiicer, 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 freedmen 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 such 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 Freedmen'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 caurt 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 increase the number of commissioners, so as to afford a speedy and convenient means for the arrest and examination of 28 330 THE CIVTL RIGHTS BILL. persons charged with a violation of this act. And such commis. sioners are hereby authorized and required to exercise and Z- charge all the powers and duties conferred oh them by this aS, - 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. onences rr^^r^iJ'i '^Y^ '^^^ ^^^y marshals and deputy marsha s 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 ^V^^^' 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 offence/ And UhSnll.ZTJ^- '.r^ .<'«-^if«ioners to execute their duties the Sl SMt.l '/^i^' m conformity with the Constitution of tne United fetates and the requirements of this act. they are hereby authorized and empowered, within their counties respectively to Sri' ZlT^'^l '^'^^ «r ^^re suitable Srnnp^fVw V""' ^'"^^^ 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 warran or process as aforesaid shall have authority to sum- Tp V^''"* ^'i^^' bystanders or the posse coiitatus of, th! TlX^ ^' P^^^o^^ of 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 anyl where in the State or Territory within which they are issued. ^ .T.of ?* i.-^ ^""^ P^''^'^'' ^^"^ ^^^^1 knowingly and wilfully whh'?h'h f or other person charged l^TnTif 1^ ' ^"".^"^ P""'^^ 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 J^^lli ' • ""l ^'"'"^ ^""^ P^^'°^ ^0 arrested as aforesaid, directly or indirectly, to escape from the custody of the officer oi other person legally authorized as aforesaid, or shall harbor or conceal any person for whose arrest a warrant or process shall «?Zf«f ^^T'^^^f P^^^^^*' discovery and hlll if 7 .""""^T ^^r^'^^" ^^^^ t^^t 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 CT-'T'TL RIGHTS BTLl. 331 dollars, and imprisonment not exceeding six months, by Indictment and 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 before 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 ofiicers 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 persona charged with a violation of this act; and it shall be the duty of every judge ot- 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 maybe 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 hy the Senate and House of Representatives of the United States of America in Congress assembled^ That every person holding any civil ofiSce 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 quail" 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 for 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 h'is Btead shall cease, and the official salary and emoluments of such officer shall, during such suspension, belong to the person so per- 332 THE TENURE-OF-OFFICE BILL. 333 forming the duties thereof, and not to the officer so suspended: Provided^ however^ That the President in case he 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. 6. That every removal, appointment, or employment made, had, or exercised contrary to the provisions of this 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 th€ 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 THB TENURE-OF-OFFICE BILL. plete list, duly" certified, of all the persons who shall ha-ve 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 such 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- department P^^P®^ accounting and disbursing officers of hia Sbo. 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 m or holding or exercising the duties or functions of any office contrary to the provisions of this act, nor shall any claini account, voucher, order, certificate, warrant, or other instrument providing for or relating to such payment, receipt, or retention, be presented, passed, allowed, ^proved, 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 dollars, or by imprisonment not exceeding ten years, oi both said puDishments in the discretion of the court. PLATFORMS OF 1860-1864. PLATFORM OF THE BRECKINRIDGE PARTY OF 1860. R&solved^ 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 m 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 constitutianai 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 btates, and a State thus organized ought to be admitted into the 1^ ederal Union, whether its constitution prohibits or recognizes the institution of slavery. 4 That the Democratic party are in favor of the acquisition ot Cuba, on such terms as shall be honorable to ourselves and just to Spain, at the earliest practicable moment. c J?*^* 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 their effect. 6. That the Democracy of the United States recognize it as an imperative duty of the government to protect the naturalized citizen m all his rights, whether at home or in foreign lands, to the same extent 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 hereby 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 t])e 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 ao- 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, whatever it may be, imposed by the Fed eral 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 Go?ernmTnt"^^* and fidelity by every branch of the General THE REPUBLICAN PLATFORM OF 1860. Resolved That we, the delegated representatives of the Re- publican electors of the United .States, in Convention assembled, m 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 tuJy 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. maintenance of the principles promulgated in the Declaration of Independence, and embodied in the^ederal 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 enjoymeutof these rights, deriving their jus* power from the consent of the governed —are essential to the preservation of our repubhcan institutions, and that the Federal Constitution the rights of the btates, and the union of the States, must and shall be preserved. 3. That to the union of the States this nation owes its -ajipre- cedented increase in population, its surprising development material resources; its rapid augmentation of wealth ; its han- piness at home and its honor abroad; and we hold in abhor- rence ail schemes for disunion, come from whatever source they may; and we congratulate the country that no Republican mem- ber ot Congress has uttered or countenanced the threats of dig- 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 nf T fv'rp ^r«°d/°«y' ^« denying the vital principles ot a tree Government, and as anavowalof contemplated treason of an indignant people sternly n J" I^^f-^^ maintenance inviolate, of the rights of the States, and especia ly of each State, to order and control its own do^ mestic ms itutions according to its own judgment exclusively. IS essential to that balance of power on which the perfection and endurance of our political fabric depends ; and we denounce khe lawiess invasion by armed tor^e of the soii of any State oX 29 338 PLATFORMS OF 1860-1864. 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 betw^een 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 recent startling 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 rnto any or all the Territories of the United States, iq 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 peace and ha,rmony of the country. 8. That the nominal condition of all the territory of the United States is that of 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 {)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 slavery 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 perversionf 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 ef&cient 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 of the boasted Democratic principles of non-intervention and PLATFORMS OP 1860-1864. 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 btate under the Constitution recently formed and adopted by her people, and accepted by the House of Representatives. 12. That while providing revenue for 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 the working men liberal wages, agriculture remunerative prices, to merchants and manufacturers an adequate reward for their Bkill, labor and enterprise, and to the nation commercial pros- perity and independence. 13. That we protest against any sale or alienation to others ot the pubhc lands held by actual settlers, and against any view ot the free homestead policy, which regards the settlers as paupers or supphants 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 ^ u° 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 ot giving a full and efficient protection to the rights of all classes ot 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 l^ederal Government ought to render immediate and efficient aid m Its construction, and that preliminary thereto, a daily over- land mail should be promptly established. 17. Finally, having thus &et forth our distinctive principles jnd views, we invite the co-operation of all citizens, however diliering in other questions, who substantiaUy agree with us in their affirmance and support. ' PLATFORM OF THE NATIONAL CONSTITUTIONAL PARTY OF I860. The Union, the Constitution and the Laws. 340 PLATFORMS OP 1860-1864. imiON PLATFORM, ADOPTED AT BALTIMORE JUNE 8, 18^4. Resolved, That it ts the highest duty of every American citi sen to maintain against all its enemies, the integrity of the Union, and the paramount authority of the Constitution and hiws 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- it- to the punishment due to' their crimes, the rebels and t^'aitors arrayed a^^ainst it. Rpsolved Tliat we approve the det-ermination of the Govern- ment of the United States not to compromise with rebels, or to olfer any terms of pe-iiee, except such as may be based upon an URCondidonal surrender of their hostility, &c., and a return to their just allegiance to the Constitution and laws of the United States, and th&^t we call upon the Government to maintain this position, and to prosecute the war with the utmost possible viijor to the complete suppression of the rebellion, in full reli- am^e upon the self-sacrifices, the patriotism, the heroic valur, an.] thp undying devotion of the American people to their oiiunn v and iW free institutions. Resul.ced, That slavery was the cause and now constitutes the strength of the rebellion, and that as it must be always and everywhe're hostile to the principles of Republican Govern- ments, justice and the national safety demand its utter and complete extirpation from the soil of the Republic, and that we uphold and maintain the acts and proclamations, by which the GovernDir.n*;, in its own defence, has aimed a death blow at this gigantic fT'S VETO OF THE SEXATE CURRENCY BILL, APRIL 22, 1874. To the Senate of the United States : Herewith I return Senate bill Xo. 617, entitled "An act to fix the amount of United States notes and the circulation of na- tional banks, and for other purposes," without my approval. In doing so I must express my regret at not bein^ able to o-ive my assent to a measure which has received the sanction of a majority of the legislators chosen bv the people to make laws for their guidance, and I have studiously sought to find suffi- cient arpments to justify such assent, but unsuccessfully. Practically, it is a question whether the measure under dis- cussion would give an additional dollar to the irredeemable pa- per currency of the country or not. and whether, by requiring three-fourths of the reserves to be retained by the banks and prohibiting interest to be received on the balance, it mit^ht not prove a contraction. ^ But the fact can not be concealed that, theoretically the bill increases the paper circulation 8100,000,000, less "only the amount of reserves restrained from circulation by the pro- vision of the second section. The measure has been supported on the theory that it would give increased circulation. It is a fair inference, therefore, that if in practice the measure should f-Ail to create the abundance of circulation expected of it, the friends of the measure, particularly those out of Congress, would clamor for such inflation as would give the expected relief. The theory, in my belief, is a departure from true principles of finance, national interest, national obligations to creditors congressional promises, party pledges, on the part of both po^ litical parties, and of personal views and promises made by me m every annual message sent to Congress, and in each inauffu- ral address. ° In my annual message to Congress in December, 1869 the following passages appear : ' ''Among the^evils growing out of the rebellion, and not yet referred to, is that of an irredeemable currency. It is an evil 421 422 grant's veto of the senate currency bill. •whicli I hope will receive your most earnest attention. It is a duty, and one of the highest duties, of Government to secure to the citizen a medium of exchange of fixed, unvarying value. This implies a return to specie basis ; and no substitute for it can be devised. It should be commenced now, and reached at the earliest practicable moment consistent with a fair regard to the interests of the debtor class. Immediate resumption, if practicable, would not be desirable. It would compel the debtor class to pay, beyond their contracts, the premium on gold at the date of their purchase, and would bring bankruptcy and ruin to thousands. Fluctuation, however, in the paper value of the measure of all values (gold) is detrimental to the interests of trade. It makes the man of business an involuntary gambler; for in all sales where future payment is to be made, both parties speculate as to what will be the value of the currency to be paid and received. I earnestly recommend to you, then, such legis- lation as will insure a gradual return to specie payments and put an immediate stop to fluctuations in the value of currency." I still adhere to the views then expressed. As early as December 4, 1865, the House of Representatives passed a resolution, by a vote of 144 yeas to 6 nays, concurring "in the views of the Secretary of the Treasury in relation to the necessity of a contraction of the currency with a view to as early a resumption of specie payments as the business interests of the country will permit," and pledging "co-operative action to this end as speedily as possible." The first act passed by the Forty-first Congress, on the 18th day of March, 1869, was as follows: An Act to Strengthen the Public Credit of the United States. Be it enacted, etc., That, in order to remove any doubt as to the purpose of the Government to discharge all its obligations to the public creditors, and to settle conflicting questions and interpretations of the law, by virtue of which such obligations have been contracted, it is hereby provided and declared that the faith of the United States is solemnly pledged to the pay- ment in coin, or its equivalent, of all the obligations of the United States, and of all the interest-bearing obligations, except in cases where the law authorizing the issue of any such obli- gations has expressly provided that the same may be paid in lawful money, or in other currency than gold and silver; but none of the said interest-bearing obligations not already due shall be redeemed or paid before maturity, unless at such times as the United States notes shall be convertible into coin at the option of the holder, or unless at such time bonds of the United grant's veto of the senate currency bill. 423 States bearing a lower rate of interest than the bonds to be re- deemed can be sold at par in coin. And the United States also solemnly pledges its faith to make provision, at the earliest practicable period, for the redemption of the United States notes in coin. This act still remains as a continuing pledge of the faith of the United States " to make provision, at the earliest practica- ble moment, for the redemption of the United States notes in com. A declaration contained in the act of June 30, 1864, created an obligation that the total amount of United States notes issued or to be issued, should never exceed $400,000,000. The amount in actual circulation was actually reduced to $356,000,000, at which point Congress passed the act of February 4, 1868, suspending the further reduction of the currency. The $44,000,000 have ever been regarded as a reserve, to be used only in case of emergency, such as has occurred on several occasions, and must occur when, from any cause, revenues suddenly fall be- low expenditures ; and such a reserve is necessary, because the fractional currency, amounting to $50,000,000, is redeemable in legal tender on call. It may be said that such a return of frac- tional currency for redemption is impossible. But let steps be taken for a return to a specie basis, and it will be found that silver will take the place of fractional currency as rapidly as it can be supplied, when the premium on gold reaches a suffi- ciently low point. With the amount of United States notes to be issued perma- nently fixed within proper limits, and the Treasury so streno-th- ened as to be able to redeem them in coin on demand, it will then be safe to inaugurate a system of free banking, with such provisions as to make compulsory redemption of the circulating notes of the banks in coin, or in United States notes, themselves redeemable and made equivalent to coin. As a measure preparatory to free banking, and for placing the (government m a condition to redeem its notes in coin " at the earliest practicable moment," the revenues of the country should be increased so as to pay current expenses, provide for the sinking fund required by law, and also a surplus, to be re- tained m the Treasury, in gold. I am not a believer in any artificial method of making paper money equal to coin when the coin is not owned or held ready to redeem the promises to pay ; for paper money is nothing more^ than promises to pay, and is valuable exactly in propoi- tion to the amount of coin that it can be converted into. While com IS not used as a circulating medium, or the currency of the 424 geant's veto of the senate currency bill. country is not convertible into it at par, it becomes an article of commerce as much as any other product. The surplus will seek a foreign market, as will any other surplus. The balance of trade has nothing to do with the question. Duties on im- ports being required in coin creates a limited demand for gold. About enough to satisfy that demand remains in the country. To increase this supply I see no way open but by the Govern- ment hoarding, through the means above given, and possibly by requiring the national banks to aid. It is claimed by the advocates of the measure herewith re- turned that there is an unequal distribution of the banking cap- ital of the country. 1 was disposed to give great weight to this view of the question at first, but on reflection it will be remem- bered that there still remain $4,000,000 of authorized bank-note circulation, assigned to States having less than their quota, not yet taken. In addition to this the States having less than their quota of bank circulation have the option of $25,000,000 more to be taken from those States having more than their propor- tion. When this is all taken up, or when specie payments are fully restored, or are in rapid process of restoration, will bo the time to consider the question of " more currrency." U. S. Grant. THE CURRENCY. The following is the Dawes Compromise Bank Note Eedemp- tion, Inflation, Kedistribution Bill, in full: An Act fixing the amount of United States notes, providing for a redistribution of the national bank currency, and for other purposes. Be it enacted ly the Senate and House of Representatives of the United States of America in Congress assembled, That the act entitled " An act to provide a national currency secured by a pledge of the United States bonds, and to provide for the cir- culation and redemption thereof," approved June 3, 1864, shall hereafter be known as "the national bank act." EELEASE OF RESERVES ON OIRCTOATION. RESERVES ON DEPOSIT RE- TAINED. Sec. 2. That section thirty-one of "the national bank act" be so amended that the several associations therein provided for shall not hereafter be required to keep on hand any amount of money whatever, by reason of the amount of their respective circulations ; _ but the monies required by said section to be kept at all times on hand shall be determined by the amount of deposits in all respects, as provided for in the said section. PROVISIONS FOR REDEMPTION OP BANK NOTES. Sec. 3. That every association organized, or to be organized, under the provisions of the said act, and of the several acts amendatory thereof, shall at all times keep and have on deposit in the Treasury of the United States, in lawful money of the United States, a sum equal to five percentum of its circulation, to be held and used for the redemption of such circulation; which sum shall be counted as a part of its lawful reserve, as provided in section two of this act; and when the circulating notes of any such associations, assorted or unassorted, shall be 36 425 426 THE CURRENCY. presented for redemption, in sums of $1,000, or any multiple thereof, to the Treasurer of the United States, the same shaU be redeemed in United States notes. All notes so redeemed shaU be charged by the Treasurer of the United States to the respect- ive associations issuing the same, and he shall notify them sev- erally, on the first day of each month, or oftener, at his discre- tion, of the amount of such redemptions ; and whenever such redemptions for any association shall amount to the sum of $500, such association so notified shall forthwith deposit -j^ith the Treasurer of the United States a sum in United States notes equal to the amount of its circulating notes so redeemed. And all notes of national banks worn, defaced, mutilated, or other- wise unfit for circulation, shall, when received by any assistant treasurer, or at any designated depository of the United States, be forwarded to the Treasurer of the United States for redemp- tion, as provided herein. And when such redemptions have been so reimbursed, the circulating notes so redeemed shall be forwarded to the respective associations by which they were is- sued ; but if any of such notes are worn, mutilated, defaced, or rendered otherwise unfit for use, they shall be forwarded to the Comptroller of the Currency, and destroyed and replaced, as now provided by law: Provided, That each of said associations shall reimburse to the Treasury the charges for transportation, and the costs for assorting such notes; and the associations hereafter organized shall also severally reimburse to the Treas- ury the cost of engraving such plates as shall be ordered by each association respectively; and the amount assessed upon each association shall be in proportion to the circulation re- deemed, and be charged to the fund on deposit with the Treas- urer : And provided further, That so much of section thirty-two of said national, bank act requiring or permitting the redemp- tion of its circulating notes elsewhere than at its own counter, except as provided for in^this section, is hereby repealed. WITHDRAWAL OF CIECTJLATIOX. Sec. 4. That any association organized under this act, or any of the acts of which this is an amendment, desiring to with- draw its circulating notes, in whole or in part, may, upon the deposit of lawful money with the Treasurer of the United States in sums of not less than $9,000, take up the bonds which said association has on deposit with the Treasurer for the security of such circulating notes; which bonds shall be assigned to the bank in the manner specified in the nineteenth section of the national bank act; and the outstanding notes of said associa- tion, to an amount equal to the legal tender notes deposited, THE CURRENCY. I 427 shall be redeemed at the Treasury of the United States, and de- stroyed, as now provided by laAv: Provided, That the amount of the bonds on deposit for circulation shall not be reduced be- low $50,000. CHAETER NOIBEES OF ASSOCIATIONS TO BE PRINTED ON NATIONAL BANK NOTES. Sec. 5. That the Comptroller of the Currency shall, under Buch rules and regulations as the Secretary of the Treasury may prescribe, cause the charter numbers of the association to De printed upon all national bank notes which may be hereaf- ter issued by him. INCREASE OF THE LAWFrL LEGAL TENDER fllECITLATION. Sec. 6. That the amount of United States notes outstanding and to be used as a part of the circulating medium, shall not exceed the sum of $382,000,000, which said sum shall appear in each monthly statement of the public debt, and no part thereof shall be held or used as a reserve. WITHDRAWAL OF CrRRENCT TO SECrRE EQUITABLE DISTRIBUTION. Sec. 7. That so much of the act entitled "An act to provide for the redemption of the three per centum temporary loan cer- tificates, and for an increase of national bank notes," as pro- vides that no circulation shall be withdrawn under the pro- visions of section six of said act, until after the 854,000,000 granted in section one of said act shall have been taken up, is hereby repealed; and it shall be the duty of the Comptroller of the Currency, under the direction of the Secretary of the Treasury, to proceed forthwith, and he is hereby authorized and required, from time to time, as applications shall be duly made therefor, and until the full amount of §55,000,000 shall be withdrawn, to make requisitions upon each of the national banks described in said section, and in the manner therein provided, organized in States having an excess of circulation, to withdraw and return so much of their circulation as bv said act may be apportioned to be withdrawn from them, or, in lieu thereof, to deposit in the Treasury of the United States in law- ful money sufficient to redeem such circulation; and upon the return of the circulation required, or the deposit of lawful money, as herein provided, a proportionate amount of the bonds held to secure the circulation of such association ais shall make such return or deposit shall be surrendered to it. 42S THE CURRENCY. DELINQUENT BANKS, HOW DEALT WITH. Seo. 8. That upon the failure of national banks upon which requisition for circulation shall be made, or of any of them to return the amount required, or to deposit in the Treasury law- ful money to redeem the circulation required, within thirty days, the Comptroller of the Currency shall at once sell as provided m section forty-nine of the national currency act 'ap- proved June 3, 1864, bonds held to secure the redemption of the circulation of the association or associations which shall so tail, to an amount sufficient to redeem the circulation required of such association or associations, and with the proceeds which shaU be deposited in the Treasury of the United States' so much of the circulation of such association or associations shall be redeemed as will equal the. amount required and not returned; and if there be any excess of proceeds over the amount required for such redemption, it shall be returned to the association or associations whose bonds shall have been sold. And it shall be the duty of the Treasurer, assistant treasurers, designated depositaries, and national bank deposi- taries of the United States, who shall be kept informed by the Comptroller of the Currency of such associations as shall fail to return circulation as required, to assort and return to the Treasury for redemption the notes of such associations as shall come into their hands until the amount required shall be re- deemed, and in like manner to assort and return to the Treas- ury for redemption the notes of such national banks as have failed, or gone into voluntary liquidation for the purpose of winding up their affairs, and of such as shall hereafter so faH or go into liquidation. REDISTRIBUTION OF BANK NOTE CIRCULATION. Sec 9 That from and after the passage of this act it shall be lawful for the Comptroller of the Currency, and he is hereby required, to issue circulating notes without delay, as applici tions therefor are made, not to exceed the sum of $55,000 000 to associations organized, or to be organized, in those States and lerritories having less than their proportion of circula- tion, under an apportionment made on the basis of population and of wealth, as shown by the returns of the census of 1870- and every association hereafter organized shall be subject to' and be governed by, the rules, restrictions, and limitations, and possess the rights, privileges, and franchises now or hereafter to be prescribed by law as to national banking associations, with the same power to amend, alter, and repeal provided by THE CURRENCY. 429 "the national bank act:" Provided, That the whole amount of circulation withdrawn and redeemed from banks transacting business shall not exceed $55,000,000, and that such circulation shall be withdrawn and redeemed as it shall be necessary to supply the _ circulation previously issued to the banks in those States having less than their apportionment: And provided further, That not more than $30,000,000 shall be withdrawn and redeemed, as herein contemplated, during the fiscal year ending June 30, 1875. ^ ft j Approved June 20, 1874. BANKRUPT BILL, AS AMENDED 1875. AN ACT to establish a uniform system of bankruptcy through- out the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the several district courts of the United States be, and they hereby are, constituted courts of bankruptcy, and they^ shall have original jurisdiction in their respective districts in all matters and proceedings in bankruptcy, and they are hereby authorized to hear and adjudicate upon the same according to the provisions of this act. The said courts shall be always open for the transaction of business under this act, and the powers and jurisdiction hereby granted and conferred shall be exercised as well in vaca- tion as in term time; and a judge sitting at chambers shall have the same powers and jurisdiction, including the power of keeping order and of punishing any contempt of his au- thority, as when sitting in court. And the jurisdiction hereliy conferred shall extend to all cases and controver- sies arising between the bankrupt and any creditor or creditors who shall claim any debt or demand under the bankruptcy ; to the collection of all the assets of the bank- rupt; to the ascertainment and liquidation of the liens and other specific claims thereon; to the adjustment of the various priorities and conflicting interests of all parties; and to the marshaling and disposition of the different funds and assets, so as to secure the rights of all parties and due distribution of the assets among: all the creditors : and to all acts, matters, and thnigs to be done under and in virtue of the bankruptcy, until the final distribution and settlement of the estate of the bankrupt, and the close of the proceedings in bankruptcy. The said courts shall 430 BANKEUPTCY ACT, AS AMENDED 1875. 431 have full authority to compel obedience to all orders and decrees passed by them in bankruptcy, by process of con- tempt and other remedial process, to the same extent that the circuit courts now have in any suit pending therein in equity. Said courts may sit for the transaction of busi- ness in bankruptcy at any place in the district, of which place, and the time of holding court, they shall have given notice, as well as at the places designated by law for hold- ing such courts. The court having charge of the estate of any bankrupt may direct that any of the legal assets or debts of the bankrupt, as contradistinguished from equita- ble demands, shall, when such debt does not exceed five hundred dollars, be collected in the courts of the State where such bankrupt resides having jurisdiction of claims of such nature and amount. Sec. 2. And be it fmiher enacted, That the several cir- cuit courts of the United States, within and for the dis- tricts where the proceedings in bankruptcy shall be pending, shall have a general superintendence and jurisdiction of all cases and questions arising under this act ; and, except when special provision is otherwise made, may, upon bill, petition, or other proper process, of any party aggrieved, hear and determine the case as a court of equity. The powers and jurisdiction hereby granted may be exercised either by said court, or by any justice thereof, in term time or vacation. Said circuit courts shall also have con- current jurisdiction with the district courts of any district, of all suits at law or in equity, which may or shall be brought by the assignee in bankruptcy against any person claiming an adverse interest, or owing any debt to such bankrupt, or by such person against such assignee, touch- ing any property or rights of property of said bankrupt transferable to or vested in such assignee ; but no suit at law or in equity shall, in any case, be maintainable by or against such assignee, or by or against any person claiming an adverse interest, touching the property and rights of property aforesaid, in any court whatsoever, unless the same shall be brought within two years from the time the cause of aciioL accrued, for or agauist such assignee ; PrO' vided, That nothiug herein contained shall revive a right 432 BA2JKRUPTCY ACT, AS AMENDED 1875. of action barred at the time such assignee is appointed. The court may, in its discretion, on sufficient cause shown, and upon notice and hearing, direct the receiver or as- signee to take possession of the property, and carry on the business of the debtor, or any part thereof, under the di- rection of the court, when, in its judgment, the interest of the estate as well as of the creditors will be promoted thereby, but not for a period exceeding nine months from the time the debtor shall have been declared a bankrupt : Provided, That such order shall not be made until the court shall be satisfied that it is approved by a majority in value of the creditors. OF THE ADMINISTEATION OF THE LAW IN COUETS OF BANKEUPTCY. Sec. 3. And be it further enacted, That it shall be the duty of the judges of the district courts of the United States within and for the several districts to appoint in each congressional district in said districts, upon the nom- ination axid recommendation of the Chief Justice of the Supreme Court of the United States, one or more registers in bankruptcy, to assist the judge of the district court in the performance of his duties under this act. No person shall be eligible to such appointment unless he be a coun- sellor of said court, or of some one of the courts of record of the State in which he resides. Before entering upon the duties of his office, every person so appointed a register in bankruptcy shall give a bond to the United States, with condition that he will faithfully discharge the duties of his office, in a sum not less than one thousand dollars, to be fixed by said court, with sureties satisfactory to said court, or to either of the said justices thereof; and he shall, in open court, take and subscribe the oath prescribed in the act entitled *'An act to prescribe an oath of office, and for other purposes," approved July second, eighteen hundred* and sixty-two ; and also that he will not, during his con- tinuance in office, be, directly or indirectly, interested in or benefited by the fees or emoluments arising from any suit or matter pending in bankruptcy in either the district or circuit court in his district. BANKRUPTCY ACT, AS AMENDED 1875. 433 Seo. 4. And be it further enacted, That every register in bankruptcy so appointed and qualified, shall have power, * and it shall be his duty, to make adjudication of bank- ruptcy, to receive the surrender of any bankrupt, to ad- minister oaths in all proceedings before him, to hold and preside at meetings of creditors, to take proof of debts, to make all computations of dividends, and all orders of distribution, and to furnish the assignee with a certified copy of such orders, and of the schedules of creditors, and assets filed in each case, to audit and pass accounts of as- signees, to grant protection, to pass the last examination of any bankrupt in cases whenever the assignee or a cred- 'itor do not oppose, and to sit in chambers and dispatch there such part of the administrative business of the court and such uncontested matters as shall be defined in gen- eral rules and orders, or as the district judge shall in any particular matter direct; and he shall also make short memoranda of his proceedings in each case in which he shall act, in a docket to be kept by him for that purpose, and he shall forthwith, as the proceedings are taken, for- ward to the clerk of the district court a certified copy of said memoranda, which shall be entered by said clerk in the proper minute-book to be kept in his office, and any register of the court may act for any other register thereof: Provided, however, That nothing in this section contained shall empower a register to commit for contempt, or to hear a disputed adjudication, or any question of the allow- ance or suspension of an order of discharge; but in all matters where an issue of fact or of law is raised and con- tested by any party to the proceedings before him, it shall be his duty to cause the question or issue to be stated by the opposing parties in writing, and he shall adjourn the same into court for decision by the judge. No register shall be of counsel or attorney, either in or out of court, in any suit or matter pending in bankruptcy in either the circuit or district court of his district, nor in an appeal therefrom ; nor shall he be executor, administrator, guard- ian, commissioner, appraiser, divider, or assignee, of or upon any estate within the jurisdiction of either of said courts of bankruptcy, nor be interested in the fees or 37 434 BANKKUPTCY ACT, AS AMENDED 1875. emoluments arising from either of said trusts. The fees of said registers, as established by this act, and by the gen- eral rules and orders required to be framed under it, shall be paid to them by the parties for whom the services may be rendered in the course of proceedings authorized by this act. Sec. 5. And be it further enacted, That the judge of the district court may direct a register to attend at any place within the district, for the purpose of hearing such voluntary applications under this act as may not be op- posed, of attending any meeting of creditors, or receiving any proof of debts, and, generally, for the prosecution of any bankruptcy or other proceedings under this act ; and the traveling and incidental expenses of such register,^ and of any clerk or other officer attending him, incurred in so acting, shaU be settled by said court in accordance with the rules prescribed under the tenth section of this act, and paid out of the assets of the estate in respect of which such register has so acted ; or if there be no such assets, or if the assets shall be insufficient, then such expenses shall form a part of the costs in the case or cases in which the register shall have acted in such journey, to be apportioned by the judge ; and such register, so acting, shall have and exercise all powers, except the power of commitment, vested in the district court for the summoning and exam- ination of persons or witnesses, and for requirmg the pro- duction of books, papers, and documents : Provided always, That all depositions of persons and witnesses taken before said register, and all acts done by him, shall be reduced to writing and be signed by him, and shall be filed in the clerk's office as part of the proceedings. Such register shall be subject to removal by the judge of the [circuit] district court, and all vacancies occurring by such removal, or by resignation, change of residence, death, or disability, shall be promptly filled by other fit persons, unless said court shall deem" the continuance of the particular office unnecessary. Sec. 6. And he it further enacted, That any party shall, during the proceedings before a register, be at liberty to take the opinion of the district judge upon any point or BANKRUPTCY ACT, AS AlVIENDED 1875. 435 matter arising in the com^se of such proceedings, or upon the result of such proceedings, which shall be stated by the register m the shape of a short certificate to the iud^e who shall sign the same, if he approve thereof; and such certihcate, so signed, shall be binding on all the parties to the proceeding ; but every such certificate may be dis- charged or varied by the judge at chambers or in open court, in any bankruptcy, or in any other proceedings within the jurisdiction of the court under this act the parties concerned, or submitting to such jurisdiction, may at any stage of the proceedings, by consent, state any question or questions in a special case for the opinion of the court; and the judgment of the court shall be final, unless It be agreed and stated in such special case that either party may appeal, if, in such case, an appeal is allowed by this act The parties may also, if they think fit, agree, tliat upon the question or questions raised by such special case being finally decided, a sum of money, fixed by the parties, or to be ascertained by the court, or in such manner as the court may direct, or any property or the amount of any disputed debt or claim, shall be paid, de- livered, or transferred by one of such parties to the other ot them, either with or without costs. Sec. 7. And be it further enacted, That parties and witnesses summoned before a register shall be bound to attend m pursuance of such summons at the place and time designated therein, and shall be entitled to protection, and ^ be liable to process of contempt in like manner as parties and witnesses are now hable thereto in case of de- fault m attendance under any writ of subpoena; and aU persons willfully and corruptly swearing or affirming lalsely before a register shall be liable to all the penalties pumshments, and consequences of perjury. If any person examined before a register shall refuse or decline to an- swer, or to swear to or sign his exammation when taken, the register shall refer the matter to the judge, who shall have power to order the person so acting to pay the costs thereby occasioned, if such person be compellable by law to answer such question, or to sign such examination, and such person shaU also be liable to be punished for contempt 436 BANKRUPTCY ACT, AS AMENDED 1875. OF APPEALS AND PEACTICE. Sec. 8. And be it further enacted, That appeals may be taken from the district to the circuit courts in all cases in equity, and writs of error may be allowed to said circuit courts from said district courts in cases at law under the jurisdiction created by this act when the debt or damages claimed amount to more than five hundred dollars ; and any supposed creditor, whose claim is wholly or in part rejected, or an assignee who is dissatisfied with the allow- ance of a claim, may appeal from the decision of _ the dis- trict court to the circuit court for the same district ; but no appeal shall be allowed in any case from the district to the circuit court unless it is claimed, and notice given thereof to the clerk of the district court, to be entered with the record of the proceedings, and also to the as- signee or creditor, as the case may be, or to the defeated party in equity, within ten days after the entry of the de- cree or decision appealed from. The appeal shall be en- tered at the term of the circuit court which shall be first held withm and for the district next after the expiration of ten days from the time of claiming the same. But if the appellant in writing waives his appeal l^efore any de- cision thereon, proceedings may be had in the district court as if no appeal had been taken, and no appeal shall be allowed unless the appellant at the time of claiming the same shall give bond in manner now required by law in cases of such appeals. No writ of error shall be allowed unless the party claiming it shall comply with the statutes regulating the granting of such writs. Sec. 9. And be it further enacted, That in cases arismg under this act no appeal or writ of error shall be allowed in any case from the circuit courts to the Supreme Court of the United States unless the matter in dispute in such case shall exceed two thousand dollars. Sec. 10. And be it fuHher enacted, That the justices of the Supreme Court of the United States, subject to the pro^dsions of this act, shall frame general orders for the following purposes: For regulating the practice and procedure of the district BANKEUPTCY ACT, AS AMENDED 1875. 437 courts in bankruptcy, and the several forms of petitions, orders, and other proceedings to be used in said courts in all matters under this act ; For regulating the duties of the various officers of said courts ; For regulating the fees payable, and the charges and costs to be allowed, with respect to all proceedings in bankruptcy before said courts, not exceeding the rate of fees now allowed by law for similar services in other proceedings : For regulating the practice and procedure upon appeals ; For regulating the filing, custody, and inspection of rec- ords ; And generally for carrying the provisions of this act into effect. After such general orders shall have been so framed, they, or any of them, may be rescinded or varied, and other general orders may be framed in manner aforesaid, and all such general orders so framed shall, from time to time, be reported to Congress, with such suggestions as said justices may think proper. VOLUNTARY BANKEUPTCY — COMMENCEMENT OP PEOCEEDINGS. Sec. 11. Atid he it further enacted, That if any person residing within the jurisdiction of the United States, owing debts provable under this act exceeding the amount of three hundred dollars, shall apply by petition, addressed to the judge of the judicial district in which such debtor has resided or carried on business for the six months next immediately preceding the time of filing such petition, or for the longest period during such six months, setting forth his place of residence, his inability to pay all his debts in full, his willingness to surrender all his estate and effects for the benefit of his creditors, and his desire to obtain the benefit of this act, and shall annex to his petition a sched- ule, verified by oath before the court, or before a register in bankruptcy, or before one of the commissioners of the Circuit Court of the United States, containing a full and true statement of all his debts, and, as far as possible, to whom due, with the place of residence of each creditor, if known to the debtor, and if not known the fact to be so 438 BANKEUPTGY ACT, AS AMENDED 1875. stated, and the sum due to eacli creditor, also the nature of each debt or demand, whether founded on written se curity, obligation, contract, or otherwise, and also the true cause and consideration of such indebtedness in each case, and the place where such indebtedness accrued, and a statement of any existing mortgage, pledge, lien, judg- ment, or collateral or other security given for the pay- ment of the same ; and shall also annex to his petition an accurate inventory and valuation, verified in like manner, of all his estate, both real and personal, assignable under this act, describing the same, and stating where it is situ- ated, and whether there are any, and if so, what incum- brances thereon, the filing of such petition shall be an act of bankruptcy, and such petitioner shall be adjudged a bankrupt : Provided, That all citizens of the United States petitioning to be declared bankrupt, shall, on filing such petition and before any proceedings thereon, take and subscribe an oath of allegience and fidelity to the United States, which oath shall be filed and recorded with the proceedings in bankruptcy. And the judge of the district court, or, if there be no opposing party, any register of said court, to be designated by the judge, shall forthwith, if he be satisfied that the debts due from the petitioner exceed three hundred dollars, issue a warrant, to be signed by such judge or register, directed to the marshal of said district, authorizing him forthwith, as messenger, to pub- lish notices in such newspapers as the marshal shall select, not exceeding two ; to serve written or printed notice, by mail or personally, on all creditors upon the schedule filed with the debtor's petition, or whose names may be given to him, in addition, by the debtor, and to give such per- sonal or other notice to any persons concerned as the war- rant specifies. But whenever the creditors of the bank- rupt are so numerous as to make any notice now required by law to them, by mail or otherwise a great and dispro- portionate expense to the estate, the court may in lieu thereof, in its discretion, order such notice to be given by publication in a newspaper or newspapers to all such cred- itors whose claims as reported do not exceed the sums respectively of fifty dollars, which notice shall state — BAl^KEUPTCY ACT, AS AMENDED 1875. 439 First, That a warrant in bankruptcy has been issued against the estate of the debtor. Second, That the payment of any debts and the delivery of any property belonging to such debtor to him or for his use, and the transfer of any property by him, are forbidden by law. ^ Thu-d, That a meeting of the creditors of the debtor, giving the names, residences, and amounts, so far as known, to prove their debts and choose one or more as- signees of his estate, will be held at a court of bankruptcy, to be hoi den at a time and place designated in the war- rant, not less than ten nor more than ninety days after the issuing of the same. OF ASSIGNMENTS AND ASSIGNEES. Sec. 12. And he it fuHher enacted, That at the meet- ing, held in pursuance of the notice, one of the registers of the court shall preside, and the messenger shall make return of the warrant and of his doings thereon ; and if it appears that the notice to the creditors has not been as re- quired in the warrant, the meeting shall forthwith be ad- journed, ^ and a new notice given as required. K the debtor dies after the issuing the warrant, the proceedings may be continued and concluded in like manner as if he had lived. Sec. 13. And he it further enacted, That the creditors shall, at the first meetmg held after due notice from the messenger, iu presence of a register designated by the court, choose one or more assignees of the estate of the debtor ; the choice to be made by the greater part in value and in number of the creditors who have proved their debts. If no choice is made by the creditors at said meet- ing, the judge, or, if there be no opposing interest, the register shall appoint one or more assignees. K an as- signee, so chosen or ai^pointed, fails within five days to ex- press in writing his acceptance of the trust, the judge or register may fill the vacancy. All elections or appoint- ments of assignees shall be subject to the approval of the judge; and when in his judgment it is for any cause needful or expedient, he may appoint additional assignees, 440 BANKEUPTCY ACT, AS AMENDED 1875. or order a new election. The judge at any time may, and, upon the request in writing of any creditor who has proved his claim, shall require the assignee to give good and suffi- cient bond to the United States, with a condition for the faithful performance and discharge of his duties ; the bond shall be app oved by the judge or register by his indorse- ment thereon, shall be filed with the record of the case, and inure to the benefit of all creditors proving their claims, and may be prosecuted in the name and for the benefit of any injured party. If the assignee fails to give thcbond within such time as the judge orders, not exceed- ing ten days after notice to him of such order, the judge shall remove him and appoint another in his place. Sec. 14. And be it further enacted, That as soon as said assignee is appointed and qualified, the judge, or, where there is no opposing interest, the register shall, by an in- strument under his hand, assign and convey to the as- signee all the estate, real and personal, of the bankrupt, with all his deeds, books, and papers relating thereto, and such assigument shall relate back to the commencement of said proceedings in bankruptcy, and thereupon, by op- eration of law, the title to all such property and estate, both real and personal, shall vest in said assignee, although the same is then attached on mesne process as the prop- erty of the debtor, and shall dissolve any such attachment made within four months next preceding the commence- ment of said proceedings: Provided, however. That there shall be excepted from the operation of the provisions of this section the necessary household and kitchen furniture, and such other articles and necessaries of such bankrupt as the said assignee shall designate and set apart, having reference in the amount to the family, condition, and cir- cumstances of the bankrupt, but altogether not to exceed in value, in any case, the sum of five hundred dollars; and also the wearing apparel of such bankrupt, and that of his wife and children, and the uniform, arms, and equip- ments of any person who is or has been a soldier in the militia or in the service of the United States ; and such other property as now is, or hereafter shall be, exempted from attachment, or seizure, or levy on execution by the \ BANKRUPTCY ACT, AS AMENDED 1875. 441 laws of the United States, and such other property not in- cluded in the foregoing exceptions as is exempted from levy and sale upon execution or other process or order of any court by the laws of the State in which the bankrupt has nis domicile at the time of the commencement of the proceedings in bankruptcy, to an amount not exceeding that allowed by such State exemption laws in force in the year eighteen hundred and sixty-four : Provided, That the foregoing exception shall operate as a limitation upon the conveyance of the property of the bankrupt to his assignees, and in no case shall the property hereby excepted pass to the assignees, or the title of the bankrupt thereto be im- paired or affected by any of the provisions of this act; and the determination of the assignee in the matter shall, on exception taken, be subject to the final decision of the said court : And provided further, That no mortgage of any vessel or of any other goods or chattels, made as security for any debt or debts, in good faith and for present con- siderations, and otherwise valid, and duly recorded, pur- suant to any statute of the United States, or of any State, shall be invalidated or aifected hereby ; and all the prop- erty conveyed by the bankrupt in fraud of his creditors ; all rights in equity, choses in action, patents' and patent rights and copyrights ; all debts due him, or any person for his use, and all liens and securities therefor ; and all his rights of action for property or estate, real or per- sonal, and for any cause of action which the bankrupt had against any person arising from contract or from the unlawful taking or detention of or injury to the property of the bankrupt ; and all his rights of redeeming such property or estate, with the like right, title, power, and authority to sell, manage, dispose of, sue for, and recover or defend the same, as the bankrupt might or could have had if no assignment had been made, shall, in virtue of the adjudication of bankruptcy and the appointment of his assignee, be at once vested in such assignee; and he may sue for and recover the said estate, debts, and efiects, and may prosecute and defend all suits at law or in equity, pending at the time of the adjudication of bankruptcy, in which such bankrupt is a party in his own name, in the 442 BANKRUPTCY ACT, AS AMENDED 1875. same manner and with the like effect as they might have been presented or defended by such bankrupt ; and a copy, duly certified by the clerk of the court under the seal thereof, of the assignment made by the judge or register, as the case may be, to him as assignee, shall be conclusive evidence of his title as such assignee to take, hold, sue for, and recover the property of the bankrupt, as herein- before mentioned ; but no property held by the bankrupt in trust shall pass by such assignment. 'No person shall be entitled to maintain an action against an assignee in bankruptcy for any thing done by him as such assignee, without previously giving him twenty days' notice of such action, specifying the cause thereof, to the end that such assignee may have an opportunity of tendering amends, should he see fit to do so. No person shall be entitled, as against the assignee, to withhold from him possession of any books of account of the bankrupt, or claim any lien thereon ; and no suit in which the assignee is a party shall be abated by his death or removal from office, but the same may be prosecuted and defended by his successor, or by the surviving or remaining assignee, as the case may be. The assignee shall have authority, under the order and direction of the court, to redeem or discharge any mortgage or conditional contract, or pledge or deposit, or lien upon any property, real or personal, whenever paya- ble, and to tender due performance of the condition there- of, or to sell the same subject to such mortgage, lien, or other incumbrances. The debtor shall also, at the request of the assignee, and at the expense of the estate, make and execute any instruments, deeds, and writings which may be proper, to enable the assignee to possess himself fully of all the assets of the bankrupt. The assignee shall immediately give notice of his appointment, by publication at least once a week for three successive weeks, in such newspapers as shall, for that purpose, be designated by the court, due regard being had to their general circulation in the district, or in that portion of the district in which the bankrupt and his creditors shall reside, and shall, within six months, cause the assignment to him to be recorded in every registry of deeds or other office within the United BAXERUPTCY ACT, AS A3IEXDED 1875. 443 fel. tes ^liere a conveyance of any lands owned by the baixkrupt ought by law to be recorded ; and the record of sucxi assignment, or a duly certified copy thereof, shall be evivjence thereof in all courts. Sec. 15. And be it further enacted, That the assignee shall demand and receive ii'om any and all persons holding the same all the estate assigned, or intended to be assio-ned, under the provisions of this act ; that unless otherwise or- dered by the coiut, the assignee shall sell the propertv of the bankrupt, whether real or personal, at public auction, in such pari5 or parcels aud at such times and places as shall be best calculated to produce the greatest amoimt with the least expense. All notices of piibhc sales under this act by any assignee or officer of the court shall be published once a week for three consecutive weeks in the newspaper or newspapers, to be designated bv the judge, which, in his opinion, shall be best calculated to give o-en- eral notice of the sale. Aud the com't, on the application of any party in interest, shall have complete supervisory power over such sales, including the power to set aside the same and to order a re-sale, so that the property sold shall realize the largest sum. And the court may,' in its dis- cretion, order any real estate of the baiikrupt," or anv part thereof, to be sold for one-fourth cash at the time of sale, and the residue within eighteen months in such instalments as the court may direct, bearing interest at the rate of seven per centum per annum, and secured by proper mort- gage or lien upon the property so sold. And it shall be the duty of every assignee to keep a regular account of aU moneys received or expended by him as such assignee, to which account every creditor shall, at reasonable times, have free access. If any assignee shall fail or neglect to well and faithfully discharge his duties in the sale or dis- position of property as above contemplated, it shall be the duty of the court to remove such assignee, and he shall forfeit all fees and emoluments to which he might be enti- tled in connection with such sale. And if any assisnee shaU, in any manner, in violation of his duty 'aforesaid, unfoirly or wrongfully sell or dispose of, or in any man- ner fraudulently or corruptly combine, conspirCj or agree 444 BAlfKEUPTCY ACT, AS AMENDED 1875. with any person or persons, with intent to unfairly or wrongfully sell or dispose of the property committed to his charge, he shall, upon proof thereof, be removed, and forfeit all fees or other compensation for any and all serv- ices in connection with such bankrupt's estate, and, upon conviction thereof before any court of competent jurisdic- tion, shall be liable to a fine of not more than ten thou- sand dollars, or imprisonment in the penitentiary for a term of not exceeding two years, or both fine and impris- onment, at the discretion of the court. And any person so combining, conspiring, or agreeing with such assignee for the purpose aforesaid shall, upon conviction, be liable to a like punishment. That the assignee shall report, under oath, to the court, at least as often as once in three months, the condition of the estate in his charge, and the state of his accounts in detail, and at all other times when the court, on motion or otherwise, shall so order. And on any settlement of the accounts of any assignee, he shall be required to account for all interest, benefit, or advantage received, or m any manner agreed to be received, directly or indirectly, from the use, disposal, or proceeds of the bankrupt's estate. And he shall be required, upon such settlement, to make and file in court an affidavit declaring, according to the truth, whether he has or has not, as the case may be, received, or is or is not, as the case may be, to receive, directly or indirectly, any interest, benefit, or advantage from the use or deposit of such funds; and such assignee may be examined orally upon the same sub- ject, and if he shall willfully swear falsely, either in such affidavit or examination, or to his report provided for in this section, he shall be deemed to be guilty of perjury, and, on conviction thereof, be punished by imprisonment in the penitentiary not less than one and not more than five years. Sec. 16. And be it further enacted, That the assignee shall have the like remedy to recover all said estate, debts, and effects, in his own name, as the debtor might have had if the decree in bankruptcy had not been rendered and no assignment had been made. If, at the time of the commencement of proceedings in bankruptcy, an action is BANKRUPTCY ACT, AS AMENDED 1875. 445 pending in the name of the debtor for the recovery of a debt or other thing which might or ought to pass to the assignee by the assignment, the assignee shall, if he re- quires it, be admitted to prosecute the action in his own name, in like manner and with like effect, as if it had been originally commenced by him. No suit pending in the name of the assignee shall be abated by his death or removal ; but upon the motion of the surviving, or re- maining, or new assignee, as the case may be, he shall be admitted to prosecute the suit, in like manner and with like effect as if it had been originally commenced by him. In suits prosecuted by the assignee, a certified copy of the assignment made to him by the judge or register shall be conclusive evidence of his authority to sue. Sec. 17. And be it further enacted, That the assignee shall, as soon as may be after receiving any money belong- ing to the estate, deposit the same in some bank in his name as assignee, or otherwise keep it distinct and apart from all other money in his possession ; and shall, as far as practicaule, keep all goods and effects belonging to the estate separate and apart from all other goods in his pos- session, or designated by appropriate marks, so that they may be easily and clearly distinguished, and may not be exposed or liable to be taken as his property or for the payment of his debts. When it appears that the distri- bution of the estate may be delayed by litigation or other cause, the court may direct the temporary investment of the money belonging to such estate in securities to be approved by the judge or a register of said court, or may authorize the same to be deposited in any convenient bank, upon such interest, not exceeding the legal rate, as the bank may contract with the assignee to pay thereon. He^ shall give written notice to all known creditors, by mail or otherwise, of all dividends, and such notice of meetings, after the first, as may be ordered by the court. He shall be allowed, and may retain, out of money in his hands, all the necessary disbursements made by him in the discharge of his duty, and a reasonable compensation for ills services, in the discretion of the court. He may, upder the direction of the court, submit any controversy, 446 BANKRUPTCY ACT, AS AMENDKD 1875. arising in the settlement of demands against the estate, oi of debts due to it, to the determination of arbitrators, to be chosen by him and the other party to the controversy, and may, under such direction, compound and settle any such controversy by agreement with the other party, as he thinks proper and most for the interest of the creditors, kSec. 18, And be it further encided, That the court, after due notice and hearing, may remove an assignee for any cause which^ in the judgment of the court, renders such removal necessary or expedient. At a meeting called by order of the court in its discretion for the purpose, or which shall be called upon the application of a majority of the creditors in number and value, the creditors may, with consent of the court, remove any assignee by such a vote as is hereinbefore provided for the choice of assignee. An assignee may, with the consent of the judge, resign his trust and be discharged therefrom. Vacancies caused by death or otherwise in the office of assignee may be filled by appointment of the court, or, at its discretion, by an election by the creditors, in the manner hereinbefore provided, at a regular meeting, or at a meeting called for the purpose, w^ith such notice thereof in writing to all known creditors, and by such person, as the court shall direct. The resignation or removal of an assignee shall in no, way release him from perfo];ming all things requisite on his part for the proper closing up of his trust and the transmission thereof to his successors, nor shall it affect the liability of the principal or surety on the bond given by the assignee. When, by death or otherwise, the num- ber of assignees is reduced, the estate of the debtor not lawfully disposed of shall vest in the remaining assignee or assignees, and the persons selected to fill vacancies, if any, with the same powers and duties relative thereto as if they were originally chosen. Any former assignee, his executors or administrators upon request, and at the ex- pense of the estate, shall make and execute to the new assignee all deeds, conveyances, and assurances, and do all other lawful acts requisite to enable him to recover and receive all the estate. And the court may make all or- ders which it may deem expedient to secure the proper BANKRUPTCY ACT, AS AlHEKDED 1875. 447 fulfillment of the duties of any former assignee, and the rights and interests of all persons interested in the estate. No person who has received any preference contrary to the provisions of this act shall vote for or be eligible as assignee ; but no title to property, real or personal, sold, transferred, or conveyed by an assignee, shall be affected or impaired by reason of his ineligibility. An assignee refusing or unreasonably neglecting to execute an instru- ment when lawfully required by the court, or disobeying a laAvful order or decree of the court in the premises, may be punished as for a contempt of court. , OF DEBTS AND PROOF OF CLAIMS. Sec. 19. And he it fuiHwr enacted, That all debts due and payable from the bankrupt at the time of the adjudi- cation of bankruptcy, and all debts then existing but not payable until a future day, a rebate of interest being made when no interest is payable by the terms of contract, may be proved against the estate of the bankrupt. All demands agamst the bankrupt for or on account of any goods or chattels wrongfully taken, converted, or with- held by him, may be proved and allowed as debts to the amount of the value of the property so taken or withheld, with interest. If the bankrupt shall be bound as drawer, indorser, surety, bail, or guarantor upon any bill, bond' note, or any other specialty or contract, or for any debt of another person, and his liability shall not have become absolute until after the adjudication of bankruptcy, the creditor may prove the same, after such liability shall have become fixed, and before the final dividend shall have been declared. In aU cases of contingent debts and contingent liabilities contracted by the bankrupt, and not herein otherwise provided for, the creditor may make claim there- for, and have his claim allowed, with the right to share in the dividends, if the contingency shall happen before the order for the final dividend ; or he may at any time apply to the court to have the present value of the debt or lia- bility ascertained and liquidatad, which shall then be done \p such manner as the court shaU order, and he shall be 448 BANKRUPTCY ACT, AS AMENDED 1875. allowed to prove for the amount so ascertained. Any per- son liable as bail, surety, guarantor, or otherwise for the bankrupt, who shall have paid the debt or any part there- of in discharge of the whole, shall be entitled to prove such debt, or to stand in the place of the creditor if he shall have proved the same, although such payments shall have been made after the proceedings in banki'uptcy were commenced. And any person so -liable for the banki'upt, and who has not paid the whole of said debt, but is still liable for the same or any part thereof, may, if the cred- itor shall fail or omit to prove such debt, prove the same either in the name of the creditor or other^vise, as may be provided by the rules, and subject to such regulations and limitations as may be established by such rules. Where the bankrupt is liable to pay rent, or other debt falling due at fixed and stated periods, the creditor may prove for a proportionate part thereof up to the time of the bankruptcy, as if the same grew due from day to day, and not at such fixed and stated periods. If any bank- rupt shall be liable for unliquidated damages arising out of any contract or promise, or on account of any goods or chattels wrongfully taken, converted, or withheld, the com-t may cause such damages to be assessed in such modfr as it may deem best, and the sum so assessed may be proved against the estate. Xo debts other than those above speci- fied shall be proved or allowed against the estate. Sec. 20. And be it fiuiher enacted, That in all cases of mutual debts or mutual credits between the parties, the account between them shall be stated, and one debt set off against the other, and the balance only shall be allowed or paid, but no set-off shall be allowed of a claim in its nature not provable against the estate, or in cases of compulsory bankruptcy after the act of banki'uptcy upon or in respect of which the adjudication shall be made, and with a view of making such set-off: Provided, That no set- off shall be allowed in favor of any debtor to the bankrupt of a claim purchased by or transferred to him after the filing of the petition. When a creditor has a mortgage or pledge of real or personal property of the banki'upt, or a lien thereon for securing the payment of a BANKRUPTCY ACT, AS AMENDED 1875. 449 debt owing to him from tlie bankrupt, he shall be admitted as a creditor only for the balance of the debt after deduct- ing the value of such property, to be ascertained by agree- ment between him and the assignee, or by a sale thereof, to be made in such manner as the court shall direct ; or the creditor may release or convey his claim to the assignee upon such property, and be admitted to prove his whole debt. If the value of the property exceeds the sum for which it is so held as security, the assignee may release to the creditor the bankrupt's right of redemption therein on receiving such excess ; or he may sell the property, subject to the claim of the creditor thereon ; and in either case the assignee and creditor, respectively, shall execute all deeds and writings necessary or proper to consummate the transaction. If the property is not so sold or released and delivered up, the creditor shall not be allowed to prove any part of his debt. Sec. 21. ATid be it further enacted, That no creditor prov- ing his debt or claim shall be allowed to maintain any suit at law or in equity therefor against the bankrupt, but shall be deemed to have waived all right of action and suit against the bankrupt, and all proceedings already com- menced, or unsatisfied judgments already obtained thereon, shall be deemed to be discharged and surrendered thereby. But a creditor proving his debt or claim shall not be held to have waived his right of action or suit against the bank- rupt where a discharge has been refused, or the proceed- ings have been determined without a discharge ; and no creditor whose debt is provable under this act shall be allowed to prosecute to final judgment any suit at law or in equity therefor against the bankrupt, until the question of the debtor's discharge shall have been determined ; and any such suit or proceedings shall, upon the application of the bankrupt, be stayed to await the determination of the court in bankruptcy on the question of the discharge, provided there be no unreasonable delay on the part of the bankrupt in endeavoring to obtain his dis- charge, and provided, also, that if the amount due the creditor is in dispute, the suit, by leave of the court in bankruptcy, may proceed to judgment, for the purpose of 38 450 BANKRUPTCY ACT, AS AMENDED 1875. ascertaining the amount due, which amount may be proved in bankruptcy, but execution shall be stayed as aforesaid. If any bankrupt shall, at the time of adjudication, be liable upon any bill of exchange, promissory note, or other obligation in respect of distinct contracts as a member of two or more firms carrying on separate and distinct trades, and having distinct estates to be wound up in bankruptcy, or as a sole trader and also as a member of a firm, the circumstance that such firms are in whole or in part com- posed of the same individuals, or that the sole contractor is also one of the joint contractors, shall not prevent proof and receipt of dividend in respect of such distinct contracts against the estates respectively liable upon such contracts. Sec. 22. And be it further enacted, That all proofs of debts against the estate of the bankrupt, by or in behalf of creditors residing within the judicial district where the proceedings in bankruptcy are pending, shall be made before one of the registers of the court in said district, and by or in behalf of non-resident debtors before any register in bankruptcy in the judicial district where such creditors, or either of them, reside, or before any commis- sioner of the circuit court authorized to administer oaths in any district. To entitle a claimant against the estate of a bankrupt to have his demand allowed, it must be verified by a deposition in writing on oath or solemn aflir- mation before the proper register or commissioner, setting forth the demand, the consideration thereof, whether any and what securities are held therefor, and whether any and what, payments have been made thereon ; that the sum claimed is justly due from the bankrupt to the claim- ant ; that the claimant has not, nor has any other person for his use, received any security or satisfaction whatever other than that by him set forth ; that the claim was not procured for the purpose of influencing the proceedings under this act, and that no bargain or agreement, express or implied, has been made or entered into, by or on behalf of such creditor, to sell, transfer, or dispose of the said claim, or any part thereof, against such bankrupt, or take or receive, directly or indirectly, any money, property, or considera- tion whatever, whereby the vote of such creditor for as- BANKRUPTCY ACT, AS AMENDED 1875. 451 signee, or any action on the part of such creditor or any other person in the proceedings under this act, is or shall be in any way affected, influeuced, or controlled, and no claim shall be allowed unless all the statements set forth in such deposition shall appear to be true. Such oath or sol- emn affirmation shall be made by the claimant testifying of his own knowledge, unless he is absent from the United States or prevented by some other good cause from testi- fying, in which cases the demand may be verified in like manner by the attorney or authorized agent of the claim- ant testifying to the best of his knowledge, information, and belief, and setting forth his means of knowledge, or, if in a foreign country, the oath of the creditor may be taken before any minister, consul, or vice-consul of the United States ; and the court may, if it shall see fit, require or receive further pertinent evidence, either for or against the admission of the claim. Corporations may verify their claims by the oath or solemn affirmation of their president, cashier, or treasurer. If the proof is sat- isfactory to the register or commissioner, it shall be signed by the deponent, and delivered or sent by mail to the as- signee, who shall examine the same and compare it with the books and accounts of the bankrupt, and shall regis- ter, in a book to be kept by him for that purpose, the names of creditors who have proved their claims, in the order in which such proof is received, stating the time of receipt of such proof, and the amount and nature of the debts, which books shall be open to the inspection of all the creditors. The court may, on the application of the assignee, or of any creditor, or of the bankrupt, or without any application, examine upon oath the bankrupt, or any person tendering or who has made proof of claims, and may summon any person capable of giving evidence con- cerning such proof, or concerning the debt sought to be proved, and shall reject all claims not duly proved, or where the proof shows the claim to be founded in fraud, illegality, or mistake. Sec. 28. And he it further enacted, That when a claim is presented for proof before the election of the assignee, and the judge entertains doubts of its validity, or of the right 452 BANKRUPTCY ACT, AS AMENDED 1875. of the creditor to prove it, and is of opinion that such validity or right ought to be investigated by the assignee, he may postpone the proof of the claim until the assignee is chosen. Any person who, after the approval of this act, shall have accepted any preference, having reasonable cause to believe that the same was made or given by the debtor, contrary to any provision of this act, shall not prove the debt or claim on account of which the preference was made or given, nor shall he receive any dividend therefrom, until he shall first have surrendered to the as- signee all property, money, benefit, or advantage, received by him under such preference. The court shall allow all debts duly proved, and shall cause a hst thereof to be made and certified by one of the registers ; and any cred- itor may act at all meetings by his duly constituted attor- ney the same as though personally present. Sec. 24. And be it further enacted, That a supposed cred- itor who takes an appeal to the circuit court from the decision of the district court rejecting his claim, in whole or in part, shall, upon entering his appeal in the circuit court, file in the clerk's office thereof a statement in writ- ing of his claim, setting forth the same, substantially, as in a declaration for the same cause of action at law, and the assignee shall plead or answer thereto in like manner, and hke proceedings shall thereupon be had in the plead- ings, trial, and determination of the cause, as in an action at law commenced and prosecuted, in the usual manner, in the courts of the United States, except that no execu- tion shall be awarded against the assignee for the amount of a debt found due to the creditor. The final judgment of the ^ court shall be conclusive, and the list of debts shall, if necessary, be altered to conform thereto. The party prevailing in the suit shall be entitled to costa against the adverse party, to be taxed and recovered as in suits at law ; if recovered against the assignee they shall be allowed out of the estate. A bill of exchange, prom- issory note, or other instrument, used m evidence upon the proof of a claim, and left in court, or deposited in the clerk's office, may be delivered, by the register or clerk having the custody thereof, to the person who used it, BANKEUPTCY ACT, AS AMENDED 1875. 453 upon his filing a copy thereof, attested by the clerk of the court, who shall indorse upon it the name of the party against whose estate it has been proved and the date and amount of any dividend declared thereon. OF PKOPEKTY PEEISHABLE AND IN DISPUTE. Sec. 25. And be it further enacted, That when it appears to the satisfaction of the court that the estate of the debtor, or any part thereof, is of a perishable nature, or liable to deteriorate in value, the court may order the same to be sold, in such manner as may be deemed most expedient, under the direction of the messenger or assignee, as the case may be, who shall hold the funds received in place of the estate disposed of; and whenever it appears to the satisfaction of the court that the title to any portion of an estate, real or personal, which has come into possession of the assignee, or which is claimed by him, is in dispute, the court may, upon the petition of the assignee, and after such notice to the claimant, his agent or attorney, as the court shall deem reasonable, order it to be sold, under the direction of the assignee, who shall hold the funds received in place of the estate disposed of; and the proceeds of the sale shall be considered the measure of the value of the property in any suit or controversy between the parties in any courts. But this provision shall not prevent the recovery of the property from the possession of the as- signee by any proper action commenced at any time before the court orders the sale. EXAMINATION OF'BANKEUPTS. Sec. 26. And be it fuHher enacted. That the court may, on the application of the assignee in bankruptcy, or of any creditor, or without any application, at all times re- quire the bankrupt, upon reasonable notice, to attend and submit to an examination, on oath, upon all matters relat- ing to the disposal or condition of his property, to his trade and dealings with others, and his accounts concern- ing the same, to all debts due to or claimed from him, and to all other matters concerning his property and estate 454 BANKKUPTCY ACT, AS AMENDED 1875. and the due settlement thereof according to law, which examination shall be in writing, and shall be signed by the bankrupt and filed with the other proceedings ; and the court may, in like manner, require the attendance of any other person as a witness, and if such person shall fail to attend, on being summoned thereto, the court may compel his attendance by warrant directed to the marshal, commanding him to arrest such person ^nd bring him forthwith before the court, or before a register in bank- ruptcy, for examination as such witness. If the banki-upt is imprisoned, absent, or disabled from attendance, the court may order him to be produced by the jailer, or any officer in whose custody he may be, or may direct the examination to be had, taken, and certified, at such time and place and in such manner, as the court may deem proper, and with like efiect as if such examination had been had in court. The bankrupt shall, at all times, until his discharge, be subject to the order of the court, and shall, at the expense of the estate, execute all proper writings and instruments, and do and perform all acts required by the court touching the assigned property or estate, and to enable the assignee to demand, recover, and - receive all the property and estate assigned, wherever sit- uated ; and for neglect or refusal to obey any order of the court, such bankrupt may be committed and punished as for a contempt of court. If the bankrupt is without the district, and unable to return and personally attend at any of the times or do any of the acts which may be specified or required pursuant to this section, and 'if it appears that such absence was not caused by mllful default, and if, as soon as may be after the removal of such imped- iment, he offers to attend and submit to the order of the court in all respects, he shall be permitted so to do, with like effect as if he had not been in default. He shall also be at Liberty, from time to time, upon oath, to amend and correct his schedule of creditors and property, so that the same shall conform to the facts. For good cause shown the wife of any bankrupt may be required to attend before the court, to the end that she may be examined as a witness ; and if such wife do not attend at the time and BANKRUPTCY ACT, AS AMENDED 1875. 455 place specified in the order, the bankrupt shall not ba entitled to a discharge unless he shall prove to the satis- faction of the court that he was unable to procure the attendance of his wife. No bankrupt shall be liable to arrest during the pendency of the proceedings in bank- ruptcy in any civil action, unless the same is founded on some debt or claim from which his discharge in bankruptcy would not release him. In all causes and trials arising or ordered under this act, the alleged bankrupt, and any party thereto, shall be a competent witness. OF THE DISTEIBUTION OF THE BANKEUPT'S ESTATE. Sec. 27. And be it further enacted, That all creditors whose debts are duly proved and allowed shall be entitled to share in the bankrupt's property and estate pro rata^ without any priority or preference Avhatever, except that wages due from him to any operative, or clerk, or house servant, to an amount not exceeding fifty dollars, for labor performed within six months next preceding the adjudica- tion of bankruptcy, shall be entitled to priority, and shall be first paid m full : Provided, That any debt" proved by any person liable as bail, surety, guarantor, or otherwise, for the bankrupt shall not be paid to the person so prov- ing ^the same until satisfactory evidence shall be produced of the payment of such debt by such person so liable, and the share to which such debt would be entitled may be paid into court, or otherwise held for the benefit of the party entitled thereto, as the court may direct. At the expiration of three months from the date of the adjudi- cation of bankruptcy in any case, or as much earlier as the court may direct, the ^ourt, upon request of the as- signee, shall call a general meeting of the* creditors, of wdiich due notice shall be given, and the assignee shall then report, and exhibit to the court and to the creditors just and true accounts of all his receipts and payments, verified by his oath, and he shall also produce and file vouchers for all payments for which vouchers shall be required by any rule of the court ; he shall also submit the schedule of the bankrupt's creditors and property as 456 BANKRUPTCY ACT, AS AMENDED 1875. amended, duly verified by tlie bankrupt, and a statement of the whole estate of the bankrupt as then ascertained, of the property recovered and of the property outstanding, specifying the cause of its being outstanding, also what debts or claims are yet undetermined, and stating what sum remains in his hands. At such meeting the majority in value of the creditors present shall determine whether any and what part of the net proceeds of the estate, after deducting and retaining a sum sufficient to provide for all undetermined claims which, by reason of the distant resi- dence of the creditor, or for other sufficient re^on, have not been proved, and for other expenses and conmigencies, shall be divided among the creditors ; but unless at least one-half in value of the creditors shall attend such meet- ing, either in person or by attorney, it shall be the duty of the assignee so to determine. In case a dividend is ordered the register shall within ten days after such meet- ing, prepare a list of creditors entitled to dividend, and shall calculate and set opposite to the name of each cred- itor who has proved his claim the dividend to which he is entitled out of the net proceeds of the estate set apart for dividend, and shall forward by mail to every creditor a statement of the dividend, to which he is entitled, and such creditor shall be paid by the assignee in such manner as the court may direct. 8ec. 28. And be it further enacted, That the like pro- ceedings shall be had at the expiration of the next ,three months, or earlier, if practicable, and a third meeting of creditors shall then be called by the court, and a final div- idend then declared, unless any action at law or suit in equity be pending, or unless some other estate or effects of the debtor afterwards come to the hands of the assignee, in which case the assignee shall, as soon as may be, con- vert such estate or effects into money, and within two months after the same shall be so converted the same shall be divided in manner aforesaid. Further dividends shall be made in like manner as often as occasion requires ; and after the third meeting of creditors no further meeting shall be called, unless ordered by the court. If at any time there shall be in the hands of the assignee any out- BAlfKEUPTCY ACT, AS ASIENDED 1875. 457 Standing debts or other property, due or belonging to the estate, which can not be collected and received by the as- signee without unreasonable or inconvenient delay or expense, the assignee may, under the direction of the court, sell and assign such debts or other property in such manner as the court shall order, m dividend already declared shall be disturbed by reason of debts bemg sub- sequently proved, but the creditors proving such debts shall be entitled to a dividend equal to those already re- ceived by the other creditors before any further pavment IS made to the latter. Preparatory to the final dividend, the assignee shall submit his account to the court and file the same, and give notice to the creditors of such filing, and shall also give notice that he wiU apply for a settle- ment of his account, and for a discharge from aU liability as assignee, at a time to be specified in such notice : and at such time the court shall audit and pass the accounts of the assignee,^ and such assignee shall, if required by the court, be examined as to the truth of such account, and It found correct he shall thereby be discharged from all liability as assignee to any creditor of the bankrupt. The court shall thereupon order a dividend of the estate and effects, or of such part thereof as it sees fit, among such of the creditors as have proved their claims, in proportion to the respective amount of their said debts. In addition to all expenses necessarily incurred by him in the execu- tion ot his trust, m any case, the assignee shall be enti- tled to an allowance for his services m such case, on aU moneys received and paid out by him therein, for any sum not exceedmg one thousand dollars, five per centum thereon ,• for any larger sum, not exceeding five thousand dollars, two and a half per centum on the excess over one thousand dollars; and for any larger sum, one per centum on the excess over five thousand dollars; and if, at any time, there shall not be in his hands a sufficient amount ot money to defray the necessary expenses required for ^ the further execution of his trust, he shall not be obliged to proceed therein until the necessary funds are advanced or satisfactorily secured to him. If, by accident, mistake, or other cause, without fault of the assignee, either or 39 458 BANKRUPTCY ACT, AS AMENDED 1875. botli of tlie said second and third meetings should not be held within the times limited, the court may, upon motion of an interested party, order such meetings, with like effect as to the validity of the proceedings, as if the meeting had been duly held. In the order for a dividend, under this section, the following claims shall be entitled to pri- ority or preference, and to be first paid in full in the fol- lowing order : First. The fees, costs, and expenses of suits, and the several proceedings in bankruptcy under this act, and for the custody of property, as herein provided. Second. All debts due to the United States, and all taxes and assessments under the laws thereof. Third. All debts due to the ^State in which the pro- ceedings in bankruptcy are pendmg, and all taxes and assessments made under the laws of such State. Fourth. Wages due to any operative, clerk, or house servant, to an amount not exceeding fifty dollars for labor performed within six months next preceding the first pub- lication of the notice of proceedings in bankruptcy. Fifth. All debts due to any persons who by the laws of the United States, are or may be entitled to a priority or preference, in like manner as if this act had not been passed: Always provided, That nothing contained m this act shall interfere with the assessment and collection of taxes by the authority of the United States or any State. OF THE BANKRUPT'S DISCHAEGE AND ITS EFFECT. Sec. 29. And be it furilier enacted, That at any^ time after the expiration of six months from the adjudication of bankruptcy, or if no debts have been proved against the bankrupt, or if no assets have come to the hands of the as- signee, at any time after the expiration of sixty days, and within one year from the adjudication of bankruptcy, the bankrupt may apply to the court for a discharge^ from his debts, and the court shaU thereupon order notice to be given by mail to all creditors who have proved their debts, and by pubhcation at least once a week m such newspapers as the court shall designate, due regard being had_ to the general circulation of the same in the district, or in that BANKRUPTCY ACT, AS AMENDED 1875. 459 portion of the district in wliich the bankrupt and his creditors shall reside, to appear on a day appointed for that purpose, and show cause why a discharge should not be granted to the bankrupt. No discharge shall be granted, or, if granted, be valid, if the bankrupt has willfully sworn falsely m his affidavit annexed to his petition, schedule, or inventory, or upon any examination in the course of the proceedings in bankruptcy, in relation to any material fact concerning his estate or his debts, or to any other material fact ; or if he has concealed any part of his estate or effects, or any books or writings relating thereto, or if he has been guilty of any fraud or negligence in the care, custody, or dehvery to the assignee of the property belonging to him at the time of the presentation of his petition and inventory, excepting such property as he is permitted to retain under the provisions of this act, or if he has caused, permitted, or suffered any loss, waste, or destruction thereof; or if, within four months before the commencement of such proceedings, he has procured his lands, goods, money, or chattels to be attached, sequestered, or seized on execution ; or if, since the passage of this act, he has destroyed, mutilated, altered, or falsified any of his books, documents, papers, writings, or securities, or has made or been privy to the making of any false or fraudulent entry in any book of account or other docu- ment, with intent to defraud his creditors ; or has removed or caused to be removed any part of his property from the dis- trict, with intent to defraud his creditors ; or if he has given any fraudulent preference contrary to the provisions of this act, or made any fraudulent payment, gift, transfer, convey- ance, or assignment of any part of his property, or has lost any part thereof in gaming, or has admitted a false or ficti- tious debt against his estate; or if, having knowledge that any person has proved such false or fictitious debt, he has not disclosed the same to his assignee within one month after such knowledge ; or if, being a merchant or trades- man, he has not, subsequently to the passage of this act, kept proper books of account; or if he, or any person in his behalf, has procured the assent of any creditor to the dis- charge, or influenced the action of any creditor at any stage of the proceedings, by any pecuniary consideration or 460 BAITKEUPTCY ACT, AS AMENDED 1875. obligation; or if he has, in contemplation of becoming bankrupt, made any pledge, payment, transfer, assignment, or conveyance of any part of his property, directly or in- directly, absolutely or conditionally, for the purpose of pre- ferring any creditor or person having a claim against him, or who is or may be under liability for him, or for the pur- pose of preventing the property from coming into the hands of the assignee, or of bemg distributed under this act in Satisfaction of his debts ; or if he has been convicted of any misdemeanor under this act, or has been guilty of any fraud whatever contrary to the true intent of this act ; and before any discharge is granted, the bankrupt shall take and subscribe an oath to the effect that he has not done, suffered, or been privy to any act, matter, or thing specified in this act as a, ground for withholding such dis- charge, or as invalidating such discharge if granted. Sec. 30. And be it further enacted, That no person who shall have been discharged under this act, and shall after- wards become bankrupt, ' on his own application shall be again entitled to a discharge, whose estate is insufficient to pay seventy per centum of the debts proved against it, unless the assent in writing of three-fourths in value of his creditors vfho have proved their claims is filed at or before the time of appHcation for discharge. But a bankrupt who shall prove to the satisfaction of the court that he has paid all the debts owing by him at the time of any pre- vious bankruptcy, or who has been voluntarily released therefrom by his creditors, shall be entitled to a discharge in the same manner and Avith the same efiect as if he had not previously been bankrupt. Sec. 31. And be it further enacted, That any creditor opposing the discharge of any bankrupt may file a specifica- tion in writing of the grounds of his opposition, and the court may in its discretion order any question of fact so presented to be tried at a stated session of the district court. Sec. 32. And be itfuiih&r enacted. That if it shall appear to the court that the bankrupt has in all things conformed to his duty under this act, and that he is entitled, undei the provisions thereof, to receive a discharge, the court BA2?KEUPTCY ACT, AS A^^IEXDED 1875. 461 shaU grant him a discharge from ail his debts except as heremafter provided, and shaU give him a certificate thereof under the seal of the couit, in substance as fol- lows: District Court of the United States, District of . \\Tiereas, , has been duly adjudged a bankrupt under the act of Congress estabHshing a uniform svstem of bankruptcy throughout the United States, and appear^ to have conformed to all requirements of law in that behalf It IS therefore ordered by the court that said be forever discharged from all debts and clauns which bv said act are made provable against his estate, and which existed r > on which day the petition tor adjudication was filed by (or against) him; exceptino- such debts, if any, as are by said act excepted from the operation of a discharge in bankiuptcv. Given under my hand and the seal of the court at — , in the said dis- trict, this day of , A. D . [Seal.] . . Judo-e Sec. 33. Aiid be it finiher enacted, That no debt created by the fraud or embezzlement of the bankrupt, or bv his defalcation as a public officer, or while acting in any ^fidu- ciary character, shall be discharged under thS act; but the debt may be proved, and the dTvidend thereon shall be a payment on account of said debt ; and no discharge granted under this act shall release, discharge, or affect anv^'person liable for^the same debt for or with the banki'upt, either as partner, joint contractor, indorser, surety, or otherwise. That in^ cases of compulsory or involuntary bankruptcy, the provisions of said act, and any amendment thereof, or of any supplement thereto, requii'ing the payment of any proportion of the debts of the bankrupt, or 'the assent of any portion of his creditors, as a condition of his discharge from his debts, shall not apply ; but he may, if otherwise entitled thereto, be dischai-ged by the couit in the same manner and with the same effect as if he had paid such per centum of his debts, or as if the required proportion of his creditors had assented thereto. And in cases of voluntary bankruptcy, no discharge shall be granted to a debtor whose assets shall not be equal to thii'ty per centum of the claims 462 BANEHTJPTCY ACT, AS AMEITOED 1875. proved against Ms estate, upon wkicli he shall be liable as principal debtor, without the assent of at least one-fourth of his creditors in number, and one-third in value. Sec. 34. And he it furtJier enacted, That a discharge duly- granted under this act shall, with the exceptions aforesaid, release the bankrupt from all debts, claims, liabilities, and demands which were or might have been proved against his estate in bankruptcy, and may be pleaded, by a simple averment that on the day of its date such discharge was granted to him, setting the same forth in hsec verba, as a full and complete bar to all suits brought on any such debts, claims, liabilities, or demands, and the certificate shall be conclusive evidence in favor of such bankrupt of the fact and the regularity of such discharge : Ahvays pro- vided, That any creditor or creditors of said bankrupt, whose debt was proved or provable against the estate in bankruptcy, who shall see fit to contest the validity of said discharge on the ground that it was fraudulently obtained, may, at any time within two years after , the date thereof, apply to the court which granted it to be set aside and annul the same. Said application shall be in writing, shall specify_ which, in particular, of the several acts mentioned in section twenty-nine it is intended to give evidence of against the bankrupt, setting forth the grounds of avoid- ance, and no evidence shall be admitted as to any other of the said acts; but said application shall be subject to amend- ment at the discretion of the court. The court shall cause reasonable notice of said apph cation to be given to said bankrupt, and order him to appear and answer the same, within such time as to the court shall seem fit and proper. If, upon the hearing of said parties, the court shall find that the fraudulent acts, or any of them, set forth as aforesaid by said creditor or creditors against the ^bankrupt are proved, and that said creditor or creditors had no knowl- edge of the same until after the granting of said discharge, , judgment shall be given in favor of said creditor or creditors, and the discharge of said bankrupt shall be set ■ aside and annuled. But if said court shall find that said . fraudulent acts, and all of them, set forth as aforesaid, are not proved, or that they were known to said creditoi or BANKRUPTCY ACT, AS AMENDED 1875. 463 creditors before the granting of said discharge, then judg- ment shaU be rendered in favor of the bankrupt, and the vahdity of his discharge shall not be affected by said pro- ceedings. PEEFEEENCES AND FEAUDULENT CONVEYANCES DE- CLAEED VOID. Sec. 35. And he it furtlwr ermcted, That if any person, being insolvent, or m contemplation of insolvency, within two months before the filmg of the petition by or against him, with a vioAV to give a preference to any creditor or person havmg a claim against him, or who is under any liabihty for him, procures any part of his property to be attached, sequestered, or seized on execution, or makes any payment, pledge, assignment, transfer, or conveyance of any part of his property either directly or indirectly, abso- lutely or conditionally, the person receiving such payment, pledge, assignment, transfer, or conveyance, or to be bene- hted thereby, or by such attachment, having reasonable cause to beheve such person is msolvent, and knowing that such attachment, sequestration, seizure, payment, pledge assignment, or conveyance is made in fraud of the pro- visions of this act, the same shall be void, and the assio-nee may recover the property, or the value of it, from the per- - son so receiving it, or so to be benefited ; and if any person bemg insolvent, or in contemplation of insolvency or bank- ruptcy, withm three months before the filing of the petition by or agamst him, makes any payment, sale, assignment, transfer, conveyance, or other disposition of any part of his property to any person who then has reasonable cause to believe him to be insolvent, or to be acting in contem- plation of insolvency, and knowing that such payment, sale, assignment, transfer, or other conveyance, is made with a view to prevent his property from coming to his assignee m bankruptcy, or to prevent the same from being dis- tributed under tnis act, or to defeat the object of, or in any way impair, hinder, impede, or delay the operation and eftect of, or to evade any of the provisions of this act, the sale, assignment, transfer, or conveyance shall be void and the assignee may recover the property, or the value thereof 464 BANKRUPTCY ACT, AS AMENDED 1875. as assets of the bankrupt. And if such sale, assignment, transfer, or conveyance is not made in the usual and ordinary course of business of the debtor, the fact shall be prima facie evidence of fraud. Any contract, covenant, or security made or given by a bankrupt or other person with, or in trust for, any creditor for securing the payment of any money as a consideration for or with intent to induce the creditor to forbear opposing the application for discharge of the bankrupt, shall be void ; and if any creditor shall obtain any sum of money or other goods, chattels, or security from any person as an inducement for forbearing to oppose, or consenting to such application for discharge, every creditor so offending shall forfeit all right to any share or dividend in the estate of the bankrupt, aud shall also forfeit double the value or amount of such money, goods, chattels, or security so obtained, to be recovered by the assignee for the benefit of the estate. Nothing in this section shall be construed to invalidate any loan of actual value, or the security therefor made in good faith, upon a security taken in good faith on the occasion of the making of such loan. BANKRUPTCY OF PARTNEESHIPS AND OF COEPOEA- TIONS. Sec. 36. And be it further enacted, That where two or more persons who are partners in trade shall be adjudged bankrupt, either on the petition of such partners or any one of them, or on the petition of any creditor of the part- ners, a warrant shall issue in the manner provided by this act, upon which all the joint stock and property of the co- partnership, and also all the separate estate of each of the partners, shall be taken, excepting such parts thereof as are hereinbefore excepted; and all the creditors of the com- pany, and the separate creditors of each partner, shall be allowed to prove their respective debts ; and the assignee shall be chosen by the creditors of the company, and shall also keep separate accounts of the joint stock or property of the copartnership and of the separate estate of each member thereof; and after deducting out of the whole BANKRUPTCY ACT, AS AMENDED 1875. 465 amount received by sucli assignee the wliole of the expenses and disbursements, the net proceeds of the joint stock shall be appropriated to pay the creditors of the copartnership, and the net proceeds of the separate estate of each partner shall be appropriated to pay his separate creditors ; and if there shall be any balance of the separate estate of any partner, after the payment of his separate debts, such balance shall be added to the joint stock for the payment of the joint creditors ; and if there shall be any balance of the joint stock after payment of the joint debts, such balance shall be divided and appropriated to and among the_ separate estates of the several partners, according to their respective right and. interest therein, and as it would have been if the partnership had been dissolved without any bankruptcy; and the sum so appropriated to the separate estate of each partner shall be applied to the pay- ment of his separate debts ; and the certificate of discharge shall be granted or refused to each partner as the same would or ought to be if the proceedings had been against him alone under this act ; and in all other respects the pro- ceedings against partners shall be conducted in the like manner as if they had been commenced and prosecuted against one person alone. ' If such copartners reside in dif- ferent districts, that court in which the petition is first filed shall retain exclusive jurisdiction over the case. Sec. 37. And be it further enacted, That the provisions of this act shall apply to all moneyed, business, or commercial corporations and joint-stock companies, and that upon the petition of any officer of any such corporation or company, duly authorized by a vote of a majority of the corporators present at any legal meeting called for the purpose, or upon the petition of any creditor or creditors of such cor- poration or company, made and presented in the manner hereinafter provided in respect to debtors, the like proceed- ings shall be had and taken as are hereinafter provided in the case of debtors ; and all the provisions of this act which apply to the debtor, or set forth his duties in regard to furnishing schedules and inventories, executing papers, submitting to examinations, disclosing, making over, secret- 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 CA^ery 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 he it further enacted, That the filing of a petition for adjudication m 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. INVOLUNTAEY BANKEUPTCY. Sec. 39. And he it further 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 488 BANEEUPTCY 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 the 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 efiect, require him to file in court forthwith a full list of his creditors, Avith 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 BANKEUPTCY act, as A]MEm)ED 1875. 469 matter proceed without further steps ou that subject. And It It shall appear that such number and amount have not so petitioned, the court shall grant reasonable time, not exceedmg, m cases heretofore commenced, twenty days and, m ca^es hereafter commenced, ten days, within which other creditors may join in such petition. And if, at the expu-ation of such time so limited, the number and amount 8haU comply with the requkements of this section, the matter of bankmptcy may proceed ; but if, at the expira- tion ot such hmited time, such number and amount shaU not answer the requirements of this section, the proceed- mgs 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 receivmg such payment or conveyance had reasonable cause to believe that the debtor was msolvent, and knew that a fraud on this act was mt^nded; and such person, if a creditor, shall not in cases of actual fraud on his part, be aUowed 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 mvoluntary bankruptcy. And the petition of creditors under this section may be sufficiently verified by the oaths ot the hrst five signers thereof, if so many there be. And 11 any ot said first five signers shaHnot 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 shaU join m such petition, creditors whose respective debts do not exceed two hundred and fifty dollars shaU not be reckoned, i^ut it there be no creditors whose debts exceed said sum of two hundred and fifty dollars, or if the requisite number ot creditors holding debts exceeding two hundred and fifty dollars fail to sign the petition, the creditors having debts a less amount shaU be reckoned for the pui-poses afore- Sec. 40. Aiid be it fuHher enacted, That upon the filinc^ ot the petition authorized by the next preceding section"^ 470 BANKRUPTCY AGT, AS AMENDED 1875. if it shall appear that sufficient grounds exist therefor, the court shall direct the entry of an order requiring the debtor to appear and show cause, at a court of bankruptcy to be holden at a time to be specified in the order, not less than five days from the service thereof, why the prayer of the petition should not be granted ; and may also, by its in- junction, restrain the debtor, and any other person, in the mean time, from making any transfer or disposition of any part of the debtor's property not excepted by this act from the operation thereof and from any interference therewith; and if it shall appear that there is probable cause for be- lieving that the debtor is about to leave the district, or to remove or conceal his goods or chattels or his evidence of property, or make any fraudulent conveyance or disposi- tion thereof, the court may issue a warrant to the marshal of the district, commanding him to arrest the alleged bankrupt and him safely keep, unless he shall give bail to the satisfaction of the court for his appearance from time to time, as required by the court, until the decision of the court upon the petition or the further order of the court, and forthwith to take possession provisionally of all the property and effects of the debtor, and safely keep the same until the further order of the court. A copy of the petition and of such order to show cause shall be served on such debtor by delivering the same to him personally, or leaving the same at his last or usual place of abode; or, if such debtor cannot be found, or his place of residence as- certained, service shall be made by publication, in such manner as the judge may direct. No further proceedings, unless the debtor appear and consent thereto, shall be had until proof shall have been given, to the satisfaction of the court, of such service or pubhcation ; and if such proof be not given on the return day of such order, the proceedings shall be adjourned and an order made that the notice be forthwith so served or published. And if, on the return- day of the order to show cause as aforesaid, the court shall be satisfied that the requirement of section thirty-nine of said act as to the number and amount of petitioning cred- itors has been complied with, or if, within the time pro- vided for in section thirty-nine of this act, creditors sufii- BANKRUPTCY ACT, AS AMENDED 1875. 471 cient m number and amount shall siVn such petition so as to make a total of one-fourth in number of the creditors and one-third m the amount of the provable debts against the banki-upt as provided m said section, the court shall so adjudge, wmch judgment shall be final; otherwise it sliall dismiss the proceedings, and, in cases hereafter com- menced, with costs. Sec. 41. And be it fwiher eimded, That on such return day or adjourned day, if the notice has been dulv served or published or shall be waived by the appearance and consent of the debtor, the court shall proceed summarily to hear the allegations of the petitioner and debtor, and may adjoui'n the proceedings from time to time, on ^ood cause shown, and shaU, if the debtor on the same day so de- mand m writing, order a trial by jury at the first t"erm of the court at wnich a jury shall be in attendance, to ascer- tain the facts of such alleged bankruptcy. Or, at the election of the debtor, the coui't may, in its discretion award a venire facias to the marshal of the district re^ turnable wrdim ten days before him for the trial of the tacts set forth m the petition, at which time the trial shaU be haa, unless adjourned for cause. And unless, upon such hearmg or trial, it shaH appear to the satisfaction of said court, or of the jury, as the case may be, that the facts lT. T\^l ^^^^ petition are true, or if it shaH appear that the debtor has paid and satisfied all liens upon his property, m case the existence of such lems was the sole ground of the proceeding, the proceeding shall be dis- missed and the respondent shaU recover costs; and all proceedings m bankruptcy may be discontinued on rea- souabie notice and hearing, with the approval of the court and upon the assent, in writmg, of such debtor, and not less tnan one hali of his creditors m number and amount- or, m case all the creditors and such debtor assent thereto' such discontinuance shall be ordered and entered; and all parties shall be remitted, in either case, to the same ridits and duties existing at the date of the filing of the petition tor bankruptcy, except so far as such estate shaU have been already admmistered 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. Ajid 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 SUPEESEDING THE BANKEUPT PEOCEEDINGS BY AEEANGEMENT. Sec. 43. And be it furtJier enaeted, That if at the first meeting of creditors, or at any meeting of creditor to be BANKRUPTCY ACT, AS A^VIEXDED 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 desu^e to be heard, that the resolution was duly passed and that the interests of the creditors will be promoted thereby, 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 the bankrupt would have had or held the same if no proceedings in bankruptcy had been taken, or as the assignee in bankruptcy A^ould 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 A]VIENDED 1875. benefit of all sucli creditors, and the winding up and set- tlement of any estate under the provisions of this section shaU be deemed to be proceedings in bankruptcy under this act ; and the said trustees shaU have all the rights and powers of assignees in bankruptcy. The court, on the ap- plication of such trustees, shaU have power to summon and examine, on oath or otherwise, the bankrupt, and any cred- itor, and any person mdebted to the estate, or known or suspected of havmg 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. It the resolution shaU not be duly reported, or the consent of the creditors shaU not be duly filed, or if, upon its fil- ing the court shall not thmk 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 proceedmgs. 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 bv this act. COMPOSITION WITH CEEDITOES. 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 meetmg 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 dii-ect, resolve that a composition proposed by the debtor shall be accepted BANKRUPTCY ACT, AS AMENDED 1875. 475 in satisfaction of tlie 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 abo^ve 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 untn such record and filing shall have taken place, such resolution shall be of no vahdity. And any creditor of the debtor may inspect such record and statement at all reason- able times. 476 BANKEUPTCY ACT, AS AMENDED 1875. The creditors may, by resolution passed in the manner and under the circumstances aforesaid, add to, or vary the provisions of, any composition previously accepted by them, without prejudice to any persons taking interests under such provisions who do not assent to such addition or variation. And any such additional resolution shall be presented to the court in the same manner and proceeded with in the same way and with the same consequences as the resolution by which the composition was accepted in the first instance. The provisions of a composition accepted by such resolution in pursuance of this section shall be binding on all the creditors whose names and addresses and the amounts of the debts due to whom are shown in the statement of the debtor produced at the meeting at which the resolution shall have been passed, but shall not afiect or prejudice the rights of any other creditors. Where a debt arises on a bill of exchange or promissory note, if the debtor shall be ignorant of the holder of any such bill of exchange or promissory note, he shall be re- quired to state the amount of such bill or note, the date on which it falls due, the name of the acceptor and of the person to whom it is payable, and any other particulars within his knowledge respecting the same ; and the inser- tions of such particulars shall be deemed a sufficient des- cription by the debtor in respect to such debt. Any mistake made inadvertently by a debtor in the statement of his debts may be corrected upon reasonable notice, and with the consent of a general meeting of his creditors. Every such composition shall, subject to priorities de- clared in said act, provide for a pro-rata payment or satis- faction, in money, to the creditors of such debtor in pro- portion to the amount of their unsecured debts, or theii debts in respect to which any such security shall have been duly surrendered and given up. The provisions of any composition made in pursuance of this section may be enforced by the court, on motion made in a summary manner by any person interested, and on reasonable notice; and any disobedience of the order of the court made on such motion shall be deemed to be a BANKEUPTCY ACT, AS A3IENDED 1875. 477 contempt of court. Rules and regulations of court may be made in relation to proceedings of composition herein provided for in the same manner and to tlie same extent as now provided by law in relation to proceedings in bank- ruptcy. If it shall at any time appear to the court, on notice, satisfactory evidence, and hearing, that a composition un- der this section can not, in consequence of legal difficul- ties, or for any sufficient cause, proceed without injustice or undue delay to the creditors or to the debtor, the court may refuse to accept and confirm such composition, or may set the same aside ; and, in either case, the debtor shall be proceeded with as a bankrupt in conformity with the pr'> 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 BANKKUPTS. Sec. 44. And he 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 banki'uptcy, 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 AMEl!a)ED 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 fide transactions in the ordinary way of his trade, any of his goods or chattels which have been obtained on 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 OFFICEES. Sec. 45. And be it furtJier enacted, That if any judge, register, clerk, marshal, messenger, assignee, or any other oflicer 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 furtlier 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 AJVIENDED 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 coimterfeit seal of the court, snbscribed 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 fuHher 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 b^ 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 banki'uptcy, 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 oppositi(m, 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 fbr 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 BAXKEUPTCY ACT, AS AMENDED 1875. same, and tlie court may issue an execution against him to compel payment to tlie register. Before any dividend is ordered the assignee shall pay out of the estate to the messenger the folloAving fees, and no more: First. For service of warrant, two doUarsr 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 tliey have been actually incurred and paid by him, and are just and reasonable, the same to be taxed or adjusted by the coui't, 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. The 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- scribmg a tariff of fees for all other services of the officers of courts of banki'uptcy, or from reducing the fees pre- scribed in this section in classes of cases to be named in theii* rules and orders. Sec. 48. And be it further enacted, That the woi^ "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 aU cases in Avhich 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 pm-pose, the same shall be reckoned, in the absence of any expression to the contrary, exclusive of the first and BAXKEUPTCT ACT, AS A^IEXDED 1875. 481 inclusive of the last day, unless the last dav shaU fall on a feundav, Christmas day, or on anr dav appomted bv the Fresdent of the Lnited States as a dav of public fast or thanksgiving, or on the Fouith of Julvl in which case the time shall be reckoned exclusive of that dav also. ^ Sec. 49. Jjid be it 'fudher enacted, That all the juri^dic^ tion, power, and guthoritv confeiTed upon and vested in the district coui-t of the United States bv this act in cases in banki'uptcv are herebv 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 Lnited States, subject to the general supei-mtendence and jui'isdiction conferred upon circuit coui-ts bv section two of said act, when the banki'upt resides in the'said District of Columbia or m either of the said Territories. And in those judicial districts which are not within anv or-^-anized circuit of the United States the power and jimscHcdon of a circuit couTt in banki-uprcv mav be exercised bv the dis- trict judge. Sec. 50. And he it f urher enacted, That this act shall com- mence and take effect as to the appointment of the officers created herebv, and the promulgation of rules and general orders, fi-om and after the date of its approval: Provided, That no petition or other proceeding under this act shall be filed, received, oi* comjaenced before the fii-st dav 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 necessaiy disbursements, of, and to be made bv'the officers, agents/ marshals, messengers, assignees, and' registers in cases of bankruptcy, shall be reduced to one half of the fees, commissions, charges, and aUowances 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 fortv-seven of said act, and no longer, which duties they shaU perfoim as soon as mav be. And said justices shall have power under said sections b^ 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, soKcitor, 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 oi received by him during such year from or in respect of any matter in bankruptcy; Fourthly, a summarized statement of such fees, costs, and emoluments, exclusive of actual disburements in bank ruptcy received or earned for such year ; Fifthly, a summarized statement of all actual disburse- ments in such cases for such year. BANKEIJPTCY ACT, AS AMENDED 1875. -x33 And in like manner, every register shaU, in the same SeSi of— ' '^"^^ "^^^^ ^ ^"^""^ ■ "^w ' number of voluntary cases in banki'uptcy com- ing before bim durmg said year ; Secondly, the amount of assets and liabilities, as nearly as may be, of the bankrupts ; dedS?^' ^'^''''''^ ^""^ ""^^^ ^^''^'''^ dividends Fourthly, the disposition of aU such cases; 4t -oftS^^ and'liabmties, a3 nearly . SeventUj, the disposition of all such oases; Kmthly, the total amount of fees, charges costs and emoluments, of every sort, received 'or eafned by'such register durmg said yeai' in each class of cases^above Arid in like manner, every assignee shaU, durm^ said month, make like return to such clirk of- ^ -birst, the number of voluntary and compulsory ca^es respectively and separately, in his charge dm^hig sSl year Secondly, the amomit of assets and habilities thereS* respectively and separately; ineiem, rZ^n,^^i total receipts and disbursements therein, respectively and separately; ' fJ^^T^^' the amount of dividends paid or declared, and atelvT ' ^ '"'^ respectively and Fifthlf, 'the total amount of aU his fees, charge, and emoluments of every kmd therein, earned oi' received; bixthly, the total amomit of expenses mcurred by him for legal proceedmgs and counsel fees • ^ Seventhly, the disposition of the cies respectively said ° ^ s^^i^arized statement of both classes as afore- And in like manner, the clerk of said court, in the month 484 BANKRUPTCY ACT, AS AMENDED 1875. of August in eacli 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 lorm, 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 BANKKUPTCY ACT, AS AMENDED 1675. * 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 pro- 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 hy the Senate and House of Bepresentatives of ihe 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 Kevised 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 Eevised 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 486 ACT PROVIDING FOE 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 Uuited 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- latmg-notes are issued until there shall be outstandint? 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 J anuary, 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 tjhis act are hereby repealed. Approved, January 14, 1875. GENEVA AND SAN JUAN AWARDS. THE GENEVA AWAED, 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 Saler^no, 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 Stampfli; His Majesty the Emperor of Brazil, His Excel- lency Marcos Antonio d'Araujo, Viscount d'ltajuba, 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 AWAEDS. 489 ceeded to tne 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 afiairs, 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 lY 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 said 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, as 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 suhject 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 13th 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 us'e 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 fcaken for its pursuit and arrest were so imperfect as to lead to GENEVA AND SAN JUAN AWARDS. 491 no result, and therefore can not bo 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 relativ^e 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 measuree 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 Great 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 YI 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 whicli applies to them respectively. And so far as relates to the vessel called " Eetribution," the 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 ot 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 opiaion, GENEVA AND SAN JUAN AWAEDS. 493 VT in ^11 1} f^'w' P^^^^^^^^d tiie three rules of art cle Itionn? Int ^.'^^'^f principles of inter- national law not inconsistent therewith And so for 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 consideratio/ for want of evt 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 Ihe 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 anV sum by wav of indemnity under this head. ^ ^ And whereas prospective earnings can not properly be made the subject of compensation, inasmSch as they depend in Thei? nature upon future and uncertain contingencies, the tribunal s unanimously of opinion that there is no fround for awSt to the United States any sum by way of indemnity under this faf^t Jhereas, in order to arrive at an equitable compensation for the damages which have been sustained, it is necessary to set gross heights, ^so far as they exceed " net freights • " reatnabW^^^^^^ " ^'^^^ -*-st at a irJ^^^ "^U'^l'^ in accordance with the spirit and letter of the d-ltL^lT '"^'-''' preferable to adopt the form of a^u- dication of a sum m gross, rather than to refer the subiect of compensation for further discussion and deliberation to rboard of assessors, as provided by article X of the said treaty by article Vn Af'^S'''^/f ^""^^'"'^^ ^^^^^^^^^ ^Von it Dy article Vll of the said treaty, by a majoritv of four voices to one, awards to the United States a^sum of $15;500,OOoL goM as the indemnity to be paid by Great Britain to the United^siates for the satisfaction of all the claims referred to the considerat on yTo^'tZf;:^^^^^^ ~- ^^^^ t^tSrnalh^^^^^ - hereby full^,^;er^ Furthermore it declares, that " each and every one of the said 494 GENEVA AND SAN JUAN AWAEDS. claims, whether the same may or may not have been 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. Chaelbs Fraijcis Adams. Frederick Sclopis. Stampfli. ViCOMPTE 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 m^y 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 damjage 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, fnnZ'r r ^^r^'^^S^^^' «^ ^ages of officers or seamen for a hv fh p l^^f T J^a^^^^t after the breaking up of a voyage "^^r^'^'^-r. ""^^^ «hall bl afemissibli or allowed by said court by or m behalf of any insurance company olhTZlt"' «r as assignee, ol thit !fn.^n shall show, to the satisfaction of said court respect to its or his war risks, exceeded the sum of its or his andTr^o''^ gams upon or in respect to such war risks; any such allowance, the same shall not be greatei ^1 W^T -T' l^'': . -^^^ ^^^^^ «^all 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. P.Hfl^^ allowed by said court arising in favor of any person not entitled at the time of his loss to the protection of the United did fn/nf nor arising in favor of any person who t^thTun^^fd^rtL'^^^^^^ '''' ^^'^"^^^ ^^^^ ^^^^g--- f^n^d'^'I^'vi' ^^"^ retaining in the Treasury, as a special rTn^^H n f 1 to future action the amount which may be undis- posed of under this act. And if the sum of all the judgments renderea by the court, together with interest, should exceed the amount of the award, provision is made for ratable reductions of tne judgment claims. THE SAN JUAN BOUNDARY AWARD. We, William, by the grace of God, German Emperor, King of rrussia, etc., etc., etc., ° ?^ ^''^^^^ concluded at Washington on .he_6th of May, 1871, between the governments of Her Britannic Majesty and of the United States of America, according to wMch 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 Jane 15 1846 alter 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 Majes^ 496 GENEVA AND SAN JUAN AWAKDS. claims, or througli 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 ac,cordance Avith 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, b.etween 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. r. . ai 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. Sbo. 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 thai^ 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 Stales, 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 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 institu+e 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 court 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 th^I penalty in favor of the party aggrieved against any such district^ attorney, or a judgment upon 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 changed 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. Seo. 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 ^eU 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 which 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 : OEGAIflZATION. 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 -6. 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 are 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 ord.er; 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 secretary 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 slmll 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 who 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, be 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. OEDER 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 i-enewed at the same meet- ing, unless under circumstances of peculiar necessity. 29. While a motion is under debate, no other motion can ba 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. "Wliicli several motions sliaU have precedence in the order in ^vliicli they are arranged ; and no motion to postpone to a day certain, to commit, or to postpone indefinitely, being decided, ghall 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 preyious 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 any question is before the house, any member may move the previous 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 indtjinite 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 day, 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 jjrivileges of the meet- ing, and of its members, are of primary importance, and for the time take precedence of all other business, and supersede all other motions, except that of adjournment. PARLIAMENTARY RULES. 503 41. VThen a question has been decided it is in order for any member ^vho 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. '' comniTEEs. 42. All committees shall be appointed by the presidin^^ officer unless otherwise dii-ected. If voted for bv the bodv it requires a majority (in the absence of any other "rule) of all the votes east to elect. _ 43. The fii-st one named in the appointment of a committee IS, by courtesy, considered the chairman; but the committee nave 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 investisration to the meetintr. ^ 45- The report of a committee is accepted bv a vote, whic? 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 adojjted or rejected. 46. A majority of a committee constitutes a quorum for busi- ness, who may meet where they please, but thev can not act ex- cept when together ; and nothing can be the report of the com- mittee except what is agreed upon in committee. AAIEXDA1EXT3. 47. Amendments may be made to motions bv omittinc^ add- ing, or substituting, words or sentences, and amendment^ to amendments, are in order. 48. The amendment should be discussed and voted on first and then the original resolution, as amended. ^ ' 49. Xo amendinent should be made, which essentially chancres the nature or design of the original resolution. 50. But a sulstitute may be'offered for any motion or amend- ment under debate, which may or mav not change the desicrn of the motion. " ^ 51. It is in order to move an amendment to strike out certain words and insert others; this beincr rejected, it is in order to move to strike out, and insert a different set of words ; thi^ be- ing rejected, it is in order to move to sti-ike out the same word^ 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 strike 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 is essentially a different proposition from that to strike out A. merely. QUORUM. 52. In every constitutionally organized body there must he some number fixed which are sufiicient 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 of&cer 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. Tn 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 \b first put on the affirmative, and then on the negative side; till which, it is not a fuJl question; but in the cases of small matters, such as receiving reports, petitions, read- ing papers, etc., the presiding of&cer 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 of&cer 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 TOte, 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- Sed 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 iox filling hlanJcs, 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 does not extend beyond the first adjourn- ment. 43 PAY OF OFFICERS OF THE UNITED STATES. EXECUTIVE DEPARTMENT. President : per armum $50,000 Private Secretary Assistant Secretary ^'^uu Executive Clerks ^. ^'-^^n Vice-President.... HEADS OF DEPARTMENTS. Secretary of State per annum $8,000 Secretary of the Treasury „ °.^]>^]^ Secretary of War Secretary of tlie Navy * Secretary of the Interior i ostmaster General Attorney General • LEGISLATIVE DEPARTMENT. Speaker of House of Representatives, (mileage, 20 cents per mile,) -per annum $6,000 United States Senators, Members of Congress, and Delegates from Territories o.wu JUDICIARY (SUPREME COURT OF UNITED STATES). Chief Justice v-Per annum $10,500 Associate Justices, ( eight in number ; court meets 1st Monday in December) ' ^^y^ MINISTERS AND DIPLOMATIC AGENTS OP THE UNITED St\tES IN FOREIGN COUNTRIES - ENVOYS EXTRAORDI- NARY AND MINISTERS PLENIPOTENTIARY. Minister to Great Britain per annum $17,500 Minister to Russia „ \ntm Minister to France Minister to Germany Minister to Spain Minister to Austria To'linA Minister to Italy j^'^^" Minister to China I, j^'O^O Minister to Mexico {^'^^X Minister to Brazil {^'^^^ Minister to Japan Minister to Chili . Minister to Peru , j^'^XX Minister to Central America ^">^ 506 PAY or OFFICEES. 507 MINISTERS RESIDENT. Minister m Fortugai Minister in Belgium ""' Minister in Netlierlands 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 •per annum WAR DEPARTMENT. Secretary of War General Adjutant (^neral .".'.! ' Assistant ^jutant 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 B'u'r'ea'u'.'.'.'!!!!.'.'.'.' 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'.'.'.'.'.'. .per annum $7,500 7,500 7,500 7,500 7 500 7^00 7,500 7,500 7,500 7,500 7,500 7,500 7,500 7,500 f8,000 18,500 5,500 3,500 3,000 8,000 3,000 2,000 3,500 5,500 3,500 5,500 3,000 3,500 2,000 5,500 2,000 5,500 3,500 2,000 5,500 2,000 3.500 3,000 3,500 2,000 5,500 3,500 2,000 GENERAL OFFICERS. iSd^camp""'^'^' per month $916 67 Major General'.'.'." '. according to rank. Briiadier GeneralV...'.".'.'.'.'.*;.':^^^^^^^^^^^^^^ "S^^^^ ^^'^5 ^0 458 33 ADJUTANT GENERAL'S DEPARTMENT. Adjutant General— Brigadier General ner fnonth «4^9 9q Assistant Adjutant General-Colonel ^ toonth $458 33 AssistantAdjutant General-Lieutenant Colonel"" " Hatl Assistant Adjutant General-Major 9o2 o2 Judge Advocate General-Colonel. » E Judge Advocate-Major m tl 508 PAY 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 montli $291 67 PAY DEPARTMENT. Paymaster General per montli Wl 67 Deputy Paymaster General ' Paymaster OFFICERS OF THE CORPS OF ENGINEERS, TOPOGRAPHICAL ENGINEERS, AND ORDNANCE DEPARTMENT. Chief of Ordnance— Brigadier General per month $453 83 Colonel 291 67 Lieutenant Colonel 250 00 Mflior c^^Z^^Z:ZZZ■'ZZilZ. " 150 00 First Lieutenant " 125 00 Second Lientenant i-^o b7 OFFICERS OF MOUNTED DRAGOONS, CAVALRY, RIFLEMEN, AN D LIGHT ARTILLERY. Colonel per month $291 67 Lieutenant Colonel ^ Major 208 33 Captain 1^6 67 First Lieutenant " Ig^ ^ Second Lieutenant l^'J QUARTERMASTER'S DEPARTMENT. Quartermaster General— Brigadier General per month $458 33 Assistant Quartermaster General— Colonel " 291 61 Deputy Quartermaster General— Lieuten't Colonel " 250 00 Quartermaster— Major " 208 33 Assistant Quartermaster— Captain lob b7 SUBSISTENCE DEPARTMENT. Commissary General of Subsistence— Brigadier General per month $458 33 Assistant Commissary General— Colonel " 291 67 Commissary of Subsistence— Major " f08 66 Commissary of Subsistence— Captain " 150 00 MEDICAL DEPARTMENT. Surgeon General— Brigadier General per month $458 33 Assistant Surgeon General " 291 67 Chief Medical Purveyor " 291 67 Assistant Medical Purveyor " 250 00 Surgeons— Majors f08 66 Assistant Surgeons— Captains ' loO uu Adjutant Regimental Quartermaster " 150 m PAY OF OFPIOEES. 509 OFFICERS OF ARTILLERY AND INFANTRY. Major r v « ^« 5? Captain IZZZ » S m First Lieutenant <« fo^ Second Lieutenant " 116 67 MONTHLY PAY OF ENLISTED MEN OF THE UNITED STATES ARMY-FIRST ENLISTMENT. COMPAIfT. Pi'ivate-Artillery Cavalry, and Infantiy per month S13 00 Private, 2d class-Engineers and Ordnance „ ^^uiix w Musician— Engineers, Artillery, and Infantry „ « 13 nn Trumpeter— Cavalry a it XX Wagoner-Artillery, Cavalry, and Infantry .■.*.'.*.".!!!'.'.! » u m Artificer— Artillery and Infantry « ?I ^ Corporal— Artillery, Cavalry, and Infantry «« an Blacksmith and Farrier— Cavalry «« Saddler-Cavalry « ^ Quartermaster Sergeant u Sergeant-Artillery, Cavalry, and Infantry.'.'.'.".'.;'.;:'.;*. 17 m Private, 1st Class— Engineers and Ordnance « 17 on Corporal— Engineers and Ordnance « on m First-Sergea»t-Artillery, Cavalry and Infantry.';;; « 22 00 Saddler— Sergeant— Cavalry u 55 XX Sergeant— Engineers and Ordnance... .*.".'.;...."..;'.'.'.'.'.'.'.*.'." « 34 OO REGIMENT. Chief Trumpeter— Cavalry Dgr month m Principal Musician-Artillery and infantry;;;:;;;;;;'.;^ ^"""^^ ^1 §2 Chief Musician-Artillery, Cavalry, and Infantry.. « eo 00 Sergeant Major-Artillery, Cavalry, and Infantry^ " 23 00 Quartermaster Sergeant— Artillery, Cavalry, and Infantry ^ „ Sergeant Major and Quartermaster Sergeant— En- gmeers ° „ Veterinary Surgeon— Senior « inn m Veterinary Surgeon-Junior ;;;;;;;;.'; u 75 55 POST. Hospital Matron ner mnn+Ti «!in nn Hospital Steward-lst class month SIO OO Hospital Steward -2d class " «. f^)^ Hospital Steward-3d class ."' « ' t^m Ordnance Sergeant u SV XX Commissary Sergeant .".'.'.'.'.'.*.'.;;'.;'.;;'.;.'.■,'* « 34 qq The pay of enlisted men, excepting the wao-oner artifiPAr quar ermaster sergeant, chief musician, veterinary sSSe?ns a?d hospital matron, during first enlistment increases ^1 per a In urn' after the second year. First re-enlistment pay is increased $2 and^f fS second, third, and fourth re-enlistmeVand\fun?WiAea?h SAPPERS AND MINERS, AND PONTOONIERS. C?r|orai:.'.V.'.; • P^r month ?34 00 private-ist ci^sZZjjj^::::.[[z « ?2 'B private-2d class ;;;;;;;;;;;;; « }i 22 Musician „ i| "J PAY OF THE NAVY OF THE UNITED STATES. OFFICERS. PEE ANNUM. Admiral Vice Admiral Rear Admirals Commodores Captains Commanders Lieut. Commanders— 1st four years of commission " " —after four years Lieutenants— 1st five years of commission " — after five years Masters— 1st five years of commission " —after five years Ensigns— 1st five years of commission " —after five years Midshipmen Fleet Surgeons— Medical and Pay Directors Medical and Pay Inspectors, and Chief Engineers Surgeons— 1st five years of commission " —2d " " " " " —3d " " " " " —4th " ■ '« " " " —after twenty years Past Assistant Surgeons— 1st five years of commission " " " —after five years Assistant Surgeons~lst five years of commission " " —after five years Paymasters— same as Surgeons. Past Assistant Paymasters— same as P. A. Surgeons. Assistant Paymasters— 1st five years of commission... " " —after five years Chaplains— 1st five years of commission " — after five years Professors of Mathematics— 1st five years of commis'n " " " —2d " " " " it li u — 3(j it li ii « " " " —after fifteen years. Boatswains — Gunners— Carpenters Sailmakers — 1st three years of commission " —2d " " " " " —3d " « '* " « —4th " " " " " —after twelve years Naval Contractors— 1st five years of commission *' " —2d " " " " « '< —3d " " '* " " " —4th " " " " " " —after twenty years Assistan-t Naval Contractors— 1st four years of com'n u " —2d " " " " ^' — after eight years $13000 9000 6000 5000 4500 3500 2S00 3U00 2400 2600 1400 1800 1200 1400 1000 4400 4400 2800 3200 3500 3700 4200 2000 2200 1700 1900 $8000 5000 4000 3500 3000 2400 2600 2000 2200 1200 1500 1000 1200 $6000 4000 3000 2800 2300 2000 2200 1600 1800 1000 1200 800 1000 2400 2800 3200 3600 4000 1800 2000 1400 1600 2000 2400 2600 2800 3000 1500 1700 1000 1200 1700 1900 2500 2800 2400 2700 8000 3500 1200 120O 1300 1400 1600 1800 1400 1600 2000 2300 2400 2700 3000 3500 : 900 900 1000 1300 1300 1600 3200 3400 3700 4000 4200 2000 2200 2600 1000 1200 1600 1900 1500 1800 2100 2600 700 700 800 900 1000 1200 2200 2400 2700 3000 -3200 1500 1700 1900 510 PAT OF OPFICEES. 611 OFFICERS OF THE -^if AY Y— Continued. Chief Engineers— same as Surgeons. Past Assistant Engineers— same as P. A. Surgeons. Assistant Engineers— same as Assistant Surgeons. Secretaries to Admiral and Vice Admiral per annum " " Commanders of Squadrons Clerks to Commanders of Squadrons " «' " " Vessels " at Navy Yards— Boston and'New Yor£^^^^^^ " " " " —Washington " " " —Philadelphia " " " " —Mare Island Yeomen— first and second rate per montli " —third rate " —fourth rate Armorers— first rate " —second, third, and fourth rate Boatswain's Mate and Gunners, each ; Carpenters Sailma,ker's Mate Masters-at-arms— first and second rate " —third rate " —fourth rate Ship's Corporals Coxswains, Quartermasters, Quarter Gunners Captains of Forecastle, Tops, Afterguard, and Hold Coopers •. Painters— first class " — second class Stewards— of Cabin " —of Ward Room " — of Steerage " —of Warrant Oflicers Nurses— complement less than 200— one nurse " — " over 200— two nui'ses Cooks— Cabin — Ward Room " — Steerage " —Warrant Officers Musicians— Masters of Band " — first class *' — second class Seamen - " —Ordinary Landsmen Firemen — first class " —second class Coal Heavers Marine Corps— Brigadier General per annum " " — Ass't Quartermaster, captain's rank " -Colonel " —Lieutenant Colonel " " — Major " " —Captain " " —1st Lieutenant and Aid-de-camp *' " — 1st Lieutenant « « _2d " N.B.— All officers on retired list receive 75 or 50 per cent, of their sea pay, according as they are retired for long and faithful service or for other causes. SCHEDULE OF STAMP DUTIES. KEVISED AND CORRECTED TO DATE. STAMP DUTIES UNDER SCHEDULE B. Stamp Duty. BANK CHECK, draft, order, or voucher for the pay- ment of any sum of money whatever drawn upon any bank, banker, or trust company, at sight or on de- mand 02 BILL OF EXCHANGE (foreign), or letter of credit drawn in but payable out of the United States. If drawn singly, same rates of duty as inland biUs of exchange or promissory notes. If drawn in sets of three or more, for every bill of each set, where the sum made payable shall not exceed $100 or the equivalent thereof in any for- eign currency 02 And for every additional $100, or fractional part tihereof in excess of $100 02 CANCELLATION. In all cases where adhesive stamps are used for denoting the tax upon an instrument, the person or party using or afi&xing them must so affix them that the entire surface of each and every stamp shall be exposed to view, and must cancel them by writ- ing or imprinting upon each stamp witJi ink the initials of his name, and the date (year, month, and day) on which the same is attached or used, or by cutting and canceling the same by a machine which shall affix the date, and so cut and deface the stamp as to render it manifestly unfit for re-use, and at the same time shall not so deface the stamp as to prevent its denomination and genuineness from being readily determined. When the stamps are printed upon checks, etc., so that in filling up the instrument the face of the stamp is, and must nec- essarily be, written across, no other cancellation will be required. 512 SCHEDULE OF STAMP DUTIES. 513 PENALTIES ^ A penalty of $50 is imposed upon every person vrho makes, signs, or issues, or vrho causes to be made, signed, or issued, any paper of any kind or description whatever, or who accepts, ne- gotiates, or pays, or who causes to be accepted, negotiated-, or aid. any check, draft, order, or voucher drawn upon anv bank, anker, or bank company for the payment of any sum of money whatever, without the same being duly stamped, or having there- upon an adhesive stamp for denoting the tax chargeable thereon, canceled in the manner required by'law, with intent to evade the provisions of the revenue act. (Sec. 3422 E. S.) A penalty of S50 is imposed upon every person who fraudently makes use of an adhesive stamp to denote the duty required by the revenue act. without effectually canceling and obliterating the^same in the manner required by law. fSec. 3422 E. S.) Xo bank check, draft, or order required by law to be stamped, which is issued without being stamped, shall be admitted or used in evidence in any court until a legal stamp denoting the amount of tax is applied thereto, as provided by law. It is not lawfal to record any instrument, document, or paper, required by law to be stamped, or any copy thereof unless a stamp or_stamps of the proper amount have been affixed and canceled in the manner required by law ; and such instrument or copy and the record thereof are utterly null and void, and can not be used or admitted as evidence in any court until the defect has been cured, as provided in section 3422 E. S. GEXERAL EEilAEKS EETEREIXa TO SCHEDULE B. Eevenue stamps may be used indiscriminately upon any of the matters or^things enumerated in Schedule B^, except propri- etary and playing card stamps, for which a special use has been provided. Postage stamps can not be used in payment of the duty chargeable on instruments. The law does not designate which of the parties to an instru- ment shall furnish the necessary stamp, nor does the commis- sioner of internal revenue assume to determine that it shall be supplied by one party rather than by another ; but if an instru- ment subject to stamp duty is issued without having the neces- sary stamp affixed thereto, it can not be recorded, or admitted, or used as evidence in any court, until a legal stamp or stamps^ denoting the amount of tax, shall have been affixed as prescribed by law, and the person who thus issues it is liable to a penalty 514 SCHEDULE OF STAMP DUTIES. if he omits the stamps with an attempt to evade the provisions of the internal revenue act. STAMP DUTIES UPON ARTICLES IN SCHEDULE 0. Stamp Duty. PROPRIETARY MEDICINES AND PREPARA- TIONS. For and upon every packet, box, bottle, pot, phial, or other enclosure, containing any pills, pow- ders, tinctures, troches, lozenges, sirups, cordials, bitters, anodynes, tonics, plasters, liniments, salves, ointments, pastes, drops, waters, essences, spirits, oils, or other medicinal preparations or compositions whatsoever, sold, offered, or exposed for sale, or re- moved for consumption and sale, by any person or persons whatever, where such packet, box, etc., with its contents, does not exceed, at retail price or value, the sum of twenty-five cents $0 01 Exceeding twenty-five and not exceeding fifty cents 02 Exceeding fifty and not exceeding seventy-five cents 03 Exceeding seventy-five cents and not exceeding one dollar 04 Exceeding one dollar, for every additional fifty cents, or fractional part thereof in excess of one dollar 02 Officinal preparations, and medicines mixed or compounded specially for any person according to the written recipe or prescription of any phy- sician or surgeon Exempt, PERFUMERY AND COSMETICS. For and upon every packet, box, bottle, pot, phial, or other enclos- ure containing any essence, extract, toilet-water, cos- metic, hair-oil, pomade, hair-dressing, hair-restora- tive, hair.dye, tooth-wash, dentifrice, tooth-paste, aro- matic cachous, or any similar articles, by whatsoever name the same heretofore have been, now are, or may hereafter be called, known or distinguished, used or applied, or to be used or applied, as per- fumes or applications to the hair, mouth, or skin, sold, offered for sale, or removed for consumption and sale, the same rates per package, etc., as for medicines and preparations. FRICTION MATCHES. For and upon every parcel or package of 100 or less 01 More than 100 and not more than 200 02 For every additional 100 or fractional part thereof. 01 SCHEDULE OF STAMP DUTIES. 515 Stamp Duty, WAX TAPERS, double the rates for friction matches. CIGAR LIGHTS, made in part of wood, wax, glass, paper, or other materials, in parcels or packages, containing twenty-five lights or less in each parcel or package , 01 When in parcels or packages containing more than twenty -five and not more than fifty lights.. 02 For every additional twenty-five lights, or frac- tional part of that number, one cent additional. PLAYING CARDS. For and upon every pack not ex- ceeding fifty-two cards in number, irrespective of price or value 05 GENEEAL RE5IAEKS ON SCHEDULE C. Perfumery and cosmetics are liable to stamp duty whether sold with the bottle or other enclosure containing them, or in bottles, etc., .furnished by the purchaser. Stamps appropriated to denote the duty charged upon articles named in Schedule C, and in the amendments thereto, can not be used for any other purpose, nor can stamps appropriated to denote the duty upon instruments to be used in payment of the duties upon articles enumerated in this schedule. Any person who o£Fers or exposes for sale any of the articles named in Schedule C, or in any of the amendments thereto, whether they are imported or of foreign or domestic manufac- ture, is to be deemed the manufacturer thereof and subject to all the duties, liabilities, and penalties imposed by law in regard to the sale of domestic articles without the use of the proper stamp or stamps for denoting the tax paid thereon. The stamp tax upon such articles imported or of foreign manufacture is in addition to the import duties. HISTORY OF THE NATIONAL BANKS. DIGEST OF THE LAW, ETC. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled^ That there shall be estab- lished Jn the Treasury Departmeiit a separate Bureau, the chief officer of which shall be denominated the Comptroller of the Cur- rency, who shall be under the general direction of the Secretary of the Treasury. Sec. 6. That associations for carrying on the busin-ess of bank- ing may be formed by any number of persons, not less in any case than five, who shall enter into articles of association, which shall specify in general terms the object for which the association is formed, and may contain any other provisions, not inconsistent with the provisions of this act, which the association may see fit to adopt for the regulation of the business of the association and the conduct of its affairs, which said articles shall be signed by the persons uniting to form the association, and a copy of thera forwarded to the Comptroller of the Currency, to be filed and pre- served in his office. Sec. 6. That the persons uniting to form such an association shall, under their hands, make an organization certificate, which shall specify — First. The name assumed by such association, which name shall be subject to the approval of the Comptroller. Second. The place where its operations of discount and deposit are to be carried on, designating the State, Territory, or District, and also the particular county and city, town or village. Third. The amount of its capital stock, and the number of shares into which the same shall be divided. Fourth. The names and places of residence of the shareholders, and the number of shares held by each of them. Fifth. A declaration that said certificate is made to enable such persons to avail themselves of the advantages of this act. The said certificate shall be acknowledged before a judge of Bome court of record or a notary public, and such certificate, with the acknowledgment thereof authenticated by . the seal of such court or notary, shall be transmitted to the Comptroller of the Currency, who^ shall record and carefully preserve the same in his office. Copies of such certificate, duly certified by the Comptroller 516 HISTORY OF THE XATTOXAL BA3,'KS. 517 and authenticated by his seal of office, shall be legal and sufficient evidence m all courts and places within the United States, or the jurisdiction of the Government the;eof, of the existence of such association, and of every other matter or thing which could be proved by the production of the original certificate. Sec. 7. That no association sha;] be organized under this act with a less capital than one hundred thousand dollars, nor in a city whose population exceeds fifty thousand persons, with a less capital than two hundred thousand dollars : Provided, That banka with a capital of not less than fifty thousand dollars mav, wiih the approval of the Secretary of the Treasury, be organized in any place, the population of which does not exceed six thousand inhab- itants. Sec. 8. That every association formed, pursuant to the provisions of this act, shall, from the date of the executioa of its organization certificate, be a body-corporate, but sh ill transact no business ex- cept such as may be incidental to its organization and necessarily preliminary, until authorized by the Comptroller of the Currency to commence the busin-ss of banking. Such association shall have power to adopt a corporate seal, and shall have succession hv the name designated in its organization cenificate, for the period of twenty years from its organization, unless sooner dissolved ac- cording to the provisions of its articles of association, or by the act of Its shareholders owning two-thirds of its stock, or unless the franchise shall be forfeited by a violation of this act ; bv such name it may make contracts, sue and be sued, complain and defend jn any court of law and equity as fully as natural persons; it may elect or appoint directors, and by its board of directors arpoint a president, vice-president, cashier, and other officers, define their duties, require bonds of them, and fix the penaltv thereof, dismiss said officers or any of them at pleasure, and appoint others to fill their places, and exercise under this act all such incidental pow- ers as shall be necessary to carry on the business of bankino- by discounting and negotiating promissory notes, drafts, bills of ex- change, and other evidences of debt; by receiving deposit' • by buying and selling exchange, coin, and bullion; bv loanin^r money on personal security; by obtaining, issuing, and circulatincr notes according to the provisions of this act ; and its board of direcro^-s saall also have pov.-er to define and regulate by by-laws, not incon- sistent with the provisions of this act. the manner in wh'ch its stock shall be transferred, its directors elected or appointed its officers appointed, its property transferred, its general business con- ducted, and all the privileges granted by this act to associations organized under it shall be exercised and enjoyed; and its usual biKiness shall be transacted at an office or banking-house located m tlie piace specified in its organization certificate. Sec 9. That the affairs of every association shall be mana ^^-^ ^^1^^ ^^onnt re- quired by this act in the formation of associations: Provided That by no such reduction shall its capital be brought belowTe amount required by this act for its outstanding circulation, nor sha l any such reduction be made until the amount of the proposed leduc^ tion has been reported to the Comptroller of the Currency and his approval thereof obtained. ^ Sec. 14. That at least fifty per centum of the capital stock of every association shall be paid in before it shall be^authorized to commence business; and the remainder of the capital stock o? such association shall be paid in installments of at^least ten per centum each on the whole amount of the capital as frequently as one installment at the end of each succeeding month from the t^me It shall be authorized by the Comptroller to commence busines^ and the payment of each installment shall be certified o the Comptroller, under oath, by the president or cashier of the asso! cioi Lion* Sec. 16. That every association, after having complied with the provisions of this act, preliminary to the commencement of bank! ng business under its provisions, and before it shall be author- ized to commence business, shall transfer and deliver to the Treas- urer of the United States any United States registered bonds bearing interest to an amount not less than thirt/ thousand dol- ^n.YVuV^^'' '^'-'^''^ capital stock ^paid n, which bonds shall be deposited with the Treasurer of the United sTates and by him safely kept in his office until the same shall be o herl wise disposed of, in pursuance of the provisions of this act and the Secretary of the Treasury is hereby authorized to recet'e and cancel any United States coupon bonds, and to issue in iTeti rereof registered bonds of like amount, bearing a like rate o? \nterest and naving the same time to run; and the deposit of bonds shali be, by every association, increased as its capital may be paid up posu'wTth tC r"' '^'"'^ -««ociation shall at all timers have on de- amounT if n t ln r'^'T ^/g^^^.^red United States bonds to the amount of at least one-third its capital stock actually paid in- 520 HISTORY OF THE NATrONAL BANKS. Provided, Ttat notMng in this section shall prevent an association that may desire to reduce its capital or to close up its business and dissolve its organization from taking up its bonds upon returning to the Comptroller its circulating notes in the proportion herein- after named in this act, nor from taking up any excess of bonds beyond one-third of its capital stock, and upon which no circulate ing notes have been delivered. Sec. 17. That whenever a certificate shall have been transmitted to the Comptroller of the Currency, as provided in this act, and the association transmitting the same shall notify the Comp- troller that at least fifty per centum of its capital stock has been paid in as aforesaid, and that such association has com- plied with all the provisions of this act as required to be com- plied with before such association shall be authorized to com- mence the business of banking, the Comptroller shall examine into the condition of such association, ascertain especially the amount of money paid in on account of its capital, the name and place of residence of each of the directors of such association, and the amount of the capital stock of which each is the bona fide owner, and generally whether such association has complied with all the requirements of this act to entitle it to engage in the busi- ness of banking ; and shall cause to be made and attested by the oaths of a majority of the directors and by the president or cashier of such association, a statement of all the facts necessary to enable the Comptroller to determine whether such association is lawfully entitled to commence the business of banking under this act. Sec. 19. That all transfers of United States bonds which shall be made by any association under the provisions of this act shall be made to the Treasurer of the United States in trust for the as- sociation, with a memorandum written or printed on each bond, and signed by the cashier or some other officer of the association making the deposit, a receipt therefor to be given to said associa- tion, or by the Comptroller of the Currency, or by a clerk appointed by him for that purpose, stating that it is held in trust for the association on whose behalf such transfer is made, and as a se- curity for the redemption and payment of any circulating notes that may have been or may be delivered to such association. No assignment or transfer of any such bonds by the Treasurer shall be deemed valid or of binding force and effect unless counter- signed by the Comptroller of the Currency. It shall be the duty of'^the Comptroller of the Currency to keep in his office a book in which shall be entered the name of every association from whose accounts such transfer of bonds is made by the Treasurer, and the name of the party to whom such transfer is made; and the par value of the bonds so transferred shall be entered therein; and it shall be the duty of the Comptroller, immediately upon co^inter- signing and entering the same, to advise by mail the assor'^tion from whose account such transfer was made of the kind aiv4 nu- HISTORY OF THE NATIONAL BANKS. 521 merical designation of the bonds and the amount thereof so trans- lerred. Sec. 21. That upon the transfer and delivery of bonds to the Ti-easurer, as provided in the foregoing section, the association making the same shall be entitled to receive from the Comptroller of the Currency circulating notes of different denominations, in blank, registered and countersigned, as hereinafter provided, equal in amount to ninety per centum of the current market value of tHe United States bonds so transferred and delivered, but not ex- ceeding ninety per centum of the amount of said bonds at the par value thereof, it bearing interest at a rate not less than five per centum per annum; and the amount of such circulating notes to be furnished to each association shall be in proportion to its paid-up capital as follows, and no more: To each association whose capital shall not exceed five hundred thousand dollars ninety per centum of such capital; to each association whose capital exceeds five hundred thousand dollars, but does not ex- ceed one million dollars, eighty per centum of such capital; to each association whose capital exceeds one million dollars, but does not exceed three millions of dollars, seventy-five per ceitum ot such capital ; to each association whose capital exceeds three millions of dollars, sixty per centum of such capital. And that one hundred and fifty millions of dollars of the entire amount of cir- culating notes authorized to be issued shall be apportioned to as- sociations m the States, in the District of Columbia, and in the Territories, according to representative population, and the re- mainder shall be apportioned by the Secretary of ihe Treasury among associations formed in the several States, in the District of Columbia, and in the Territories, having due regard to the ex- isting banking capital, resources, and business of such State, Dis- trict,^ and Territory. (Act as amended and approved, March .8, ^ Sec 22. That the entire amount of notes for circulation to be issued under this act shall not exceed three hundred millions of dollars. In order to furnish suitable notes for circulation, the Comptroller of the Currency is hereby authorized and required, under the direction of the Secretary of the Treasury, to cause plates and dies to be engraved, m the best manner, to guard against coun- terteitmg and fraudulent alterations, and to have printed there- trom, and numbered, such quantity of circulating notes, in blank ot the denominations of one dollar, two dollars, three dollars five dol- lars, ten dollars twenty dollars, fifty dollars, one hundred dollars five hundred dollars, and one thousand dollars, as may be required to supply under this act, the associations entitled to receive the same ; whiph notes shall express upon their face that they are se- ij''^. }l J"'^^^ ^^""^^^ deposited with the Treasurer of the United btates by the written or engraved signatures of the Treasurer and Register, and by the imprint of the seal of the Treasury; and 44 522 HISTORY OF THE NATIONAL BANKS. Bliall also express upon their face the promise of the association receiving the same to pay on demand, attested by the signaiures of the president or vice-president and cashier. And the said notes shall bear such devices and such other statements, and shall be in such form as the Secretary of the Treasury shall, by regulation, direct: Provided, That not more than one-sixth part of the notes furnished to an association shall be of a less denomination than five dollars, and that after specie payments shall be resumed no i&dociation shall be furnished with notes of a less denomination than five dollars. Sec. 23. That after any such association shall have caused its promise to pay such notes on demand to be signed by the presi- dent or vice-president, and cashier thereof, in such manner as to make them obligatory promissory notes, payable on demand, at its place of business, such association is hereby authorized to issue and circulate the same as money ; and the same shall be received at par in all parts of the United States in payment of taxes, ex- cises, public lands, and all other dues to the United States, except for duties on imports ; and also for all salaries and other debts and demands owing by the United States to individuals, corpora- tions, and associations within the United States, except interest on the public debt, and in redemption of the national currency. And no such association shall issue post notes or any other notes to circulate as money than such as are authorized by the foregoing provisions of this act. Sec. 24. That it shall be the duty of the Comptroller of the Cur- rency to receive worn-out or mutilated circulating notes issued by any such banking association, and also, on due proof of the destruc- tion of any such circulating notes, to deliver in place thereof to such association other blank circulating notes to an equal amount. And Buch worn-out or mutilated notes, after a memorandum shall have been entered in the proper books, in accordance with such regula- tions as may be established by the Comptroller, as well as all circu- lating notes which shall have been paid or surrendered to be can- celed, shall be burned to ashes in the presence of four persons, one to be appointed by the Secretary of the Treasury, one by the Comptrol- ler of the Currency, one by the Treasurer of the United States, and one by the association, und^r such regulations as the Secretary of the Treasury may prescribe. And a certificate of such biirning, signed by the parties so appointed, shall be made in the books of the Comptroller, and a duplicate thereof forwarded to the associa- tion whose notes are thus cancelled. Sec. 26. That the bonds transferred to and deposited with the Treasurer of the United States, as hereinbefore provided, by any banking association for the security of its circulating notes, shall be held exclusively for that purpose, until such notes shall be re- leemed, except as provided in this act; but the Comptroller of the 'urrency shall give to any such banking association powers of at- HISTORY OF THE NATIO.VAL BANKS. 52' torner to receive and appropriate to its own use the interest on the bonds whicn It shall have so transferred to the Treasurer; but such powers shall become inoperative whenever such banking associa- tion shall fail to redeem its circulating notes as aforesaid When- ever the market or cash value of any bonds deposited with the ireasurer of the United States, as aforesaid, shall be reduced below the amount of the circulation issued'for the same, the Comptroller t>t the Currency is hereby authorized to demand and receive the amount of such depreciation in other United States bonds at cash vame. or m money, from the association receiving said bil^ to be deposited with the Treasurer of the Unued States^ as long as such depreciation continues. And said Comptroller, upon the terms prescribed by the Secretary of the Treasurv, mav permit an ex- change to be made of any of the bonds deposited with the Treasurer by an association for other bonds of the United States authorized by this act to be received as securiry for circulating notes: Pro- vided that the remaining bonds which shall have been transferred by 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 m 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^uch 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. 2.. That it shall be unlawful for anv officer acting under the provisions of this act to countersign or deliver to anv 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. ^8. 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 m the transaction of its business. Second. , Such as shall be mortgaged to it in good faith bv way ot security for debts previously contracted. Third. Such as shall be conveyed to it in satisfaction of debts previously contracted in the course of its dealin^rq Fourth. Such as it shall purchase at sales under judo-ments 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 shal it hold the possession of anv real estate under mort- gage, or hold the title and possess-ion of any real estate purchased to secure any debts due to it for a longer period than five years" 524 HISTORY OF THE NATIONAL BANKS. Sec. 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 State 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 pui-chase, 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 notes 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 Bociation shall not increase its liabilities by making any new loans or discounts, otherwise than by discounting or purchasing bills of exchange payable at sight, nor make any dividend of it8 profits until the required proportion between the aggregate amount of its outstanding notes of circulation and deposit's 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, Xew Orleans, Cincinnati, Cleveland. Pittsburg, Baltimore, Philadelphia, Boston, New York, Albany, Leavenworth^ San Francisco, and Washington City: Provided, ffZ.50,'That clearing- liouse_ certificates, representing specie or lawful money specialfy 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 Eichmond 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 Currency, 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 which 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 Xew 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. Sec. 85. That no association shall make any loan or discount on 526 HIi9T0RY OF THE NATIONAL BANKS. the security of the shares of its own capital stock, nor be the pur- chaser 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 purch.ise, 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 the 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. 3.7. 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 'Dor shall it knowingly pay out or put in circulation any notM \ssued by any bank or banking association, which, at the time of such paying out or putting in circulation, is not redeeming its cir- cul.aing notes in lawful money of the United States. Sec. 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 J uly, a duty of one-half of one per centum each half year from and after the first day of January, eighteen hundred and eixty-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 of Its capital stock beyond the amount invested in United Statea 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 Btock beyond the amount invested in United States bonds, for the , Bix 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 the Shareholders thereof shall be discharged from all liabilities therefor 528 HISTORY or THE 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- 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 oe the directors of the association until others are elected or ap- pointed in accordance with the provisions of this act ; and any State 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. Seo. 45. That all associations under this act, when designated for that purpose by the Secretary of the Treasury, shall be 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 ma;y 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 of the Government : Provided^ That every association which shall be selected and designated as receiver or depositary o'^ the pub- lic money, shall take and receive at par all of the u-^cional our- HISTORY OF THE 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 shall be lawfully demanded during the usual hours of business, at the ofSce of such association, or at its place of redemption aforesaid, the holder may cause tho same to be protested, in one package, by a notary public, unless the president or cashier of the association, whose notes are pre- siented 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 associatiou suffering the same to pay out any of its notes, discount any notes or bills, or otharwise 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 tho 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 which 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, however, 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 OP THE NATIONAL BANKS. or do any other thinj; to any bank bill, draft, cote, 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 reisf^ued by said association, shall, uyjon conviction, forfeit fifty dollars to the associ^uion who si. all be iujured thereby, to be recovered by ac- tion in any court having; jurisdiction. Sec. til. That it shall be the duty of the Comptroller of the Cur- rency to report annually to Congress at the commenceuieut of its session — . „ Firs^ A summary of the state and condition of every asso- ciation from whom reports have been receive0 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, The act of Ausust 2, 1S61, (12 Statutes, 313,j autboiized the issiie of tliese notes in denominations of five dollars ; it also added the assistant treasurer at Saint Louis and the designated depositary :it Cincinnati to the places where these notes were made paj able. Tlie aet of Feb- ruary 12, 1.S62, (12 Statutes, 3.3s, ■) increased the amount of demand notes authorized §10.000,000. The act of July 17, 1861, (12 Statutes, 259,) authorized a LEGAL TEXDEPv X0TE5, ETC., OF THE CEXTUEY. 535 Len^h of i When re loan. deemable. 15 years. I years. I Price Eates ofi at interest, which sold. Jan. 1, ]ir4. 5 per cent. Par. .f2O.0iXi/-0fi 00 $20,000,i Jan. 1, 1S71. Amount au- thorized. Amount is- Amount sued. outstanding. 5 per cent. Par lOor 20 yrs Jan. 1, ISii. 6 cent. Pa 2 years. 50 days. 10 years. J uly 1, IS yrs. after 6 per cent date. oOdays after 6 per cent, date. *) years. i years. Par. Par. per cent. Par. July 1, ISil. A per cent. Par On demand Ansr. 19 and,: 3-10 p. c. Oct. l,lit>4.1 Par. 2i,c>oci,Ot:^ o; 22.-1 SS.lOfi CK) 22.invirMJ0(.. 12.^^'::.3.■u (Xj 1S,41.5,W0 O'.. 35^4,4.50 00 35.364,450 00 f394,CN>D 000 lO.iDOO 00 15,415,000 00 3,150 00 2.150 OO I,0&j,5o-0 OO .i0.orio.'no,0'Ojf)': 4, 5. (t 6 pe: cent. 1 year after 6 per cent date. On present ation. None. Par. Par. Par. Amount sned. Amount outstanding. 915,420,031 0«; 150,0'>D,00'3 & No limit. 50,000,000 OO 561,755,211 5J 223,625,663 45 r3,56O0O 5,000 00 45381,29567 i38 HISTORY OF FIITANCES, LOANS, BONDS, Loan of 1863., Ouo-year notes of 1863. Two-year notes of 1863, Coin certificates. Compound interest notes. Ten -forties of] Five-twenties of March lS6t. States less than five dollars. The 4th section of the act of March 3, 18t>3, (12 Statutes, 711 j authorized the issue of fractional notes in lieu of postal and other stamps and postal currency ; made them exchangeable in suma not less than three dollars for United States notes, and I'eceivable for postage and revenue stamps, and in pay- nient of dues to the United States, except duties on imports, less than five doU.ars ; and limited the amount to 150,000,000. Theoth section of the act of J uiie 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, ri2 Statutes, 700,) authorized a loan of §y00,G(J0,000, 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, 1864, (13 Statutes, 219,) 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 §7.'),000,000 of bonds already- advertised for. The act of March 3, 186,3, yV2 Statutes, 710,) authorized the issue of |400,(H)0,000 Treasury notes, with interest at not exceeding 6 per centum per anniim, redeen)able in not more than thi-ee years, principal and interest payable in lawful money, to be a legal tender for their face value. The act of March 3, 1863, (12 Statutes, 7)0,) authorized the issue of §400,000, 0(X) 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 Treasitrer or any assistant treasurer, in suma not less than twenty dollars, and the 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 of the amount of coin and bullion in the Treas- ury, and directs their receipt in payment for duties on imports. he 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 laAvful money, payable not more than three years from date, and to be a legal tender for their face value. The act of June 30, 1864, (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 after three years, with interest at not exceeding 7 3-10 per centum, payable in lawful money at maturity, and made thein a leggl ti-n- der for their face value to the same extent as United States notes; §177,045,770 of the amount issued was in redemption of 5 per cent, notes. The act of March 3, 1864, (13 Statutes, 13,) authorized the issue of $200,000,000 bonds, at not exceeding 6 per centum per annum, redeemable after five and payable not more than forty years from date, in coin. The act of March 3, 1864, (13 Statutes, 13.) authorized the issue of $20f),000,000 bonds, at not exceeding 6 per ceutum LEGAL TENDER NOTES, ETC., OF THE CENTURY. 539 mgth 0 loan. ' When re deem able. - Eiites 0 interest. Price t" at whic] sold. Amount au 1 thorized. ■ Amount is sued. - Amount outstanding; 17 years. July 1, 1881. 6 per cent. age preni. of4,i;; ?75,000,000 00 §75,000,000 00 §75,000,000 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. 400,000,000 00 166,480,000 00 52,850 00 On demand None. Par. Indefinite. 562,776,400 00 22,825,100 GO 3 years. June 10,1867 & May 15, 1S68. 6 per cent., compound Par. 400,000,000 00 266,595,440 00 415,210 00 10 or 40 yrs ^ or 20 yrs. March 1, 1674. Nov. 1, 1869. 5 per cent. 5 per cent. Par to ' p. c. prem. Par. 200,000,000 00 196,117,300 00 3,882,500 00 194,-567,300 00 946.600 Ot 540 HISTORY OF FINANCES, LOAIfS, BONDS, Five-twenties of June 18C4. Seven-thirties of 1864 it 1S65. Navj- pension fend. Five-twenties of 1865.... Consols of 1865.. Consols 3f 1867 per annum, redeemable after five and payable not more than forty years from date, in coin. The act of June 30, ISW. (13 Statutes. 2IS,) authorized a loan of $400,000,000, and the issue therefor of bonds re- deemable at not less than five nor more than thirt)" (or forty, if deemed expedient) years from date, with inter- est at not exceeding 6 per centum per annum, payable semi-iuinually in coin. The act of .June 30, 1864, (13 Statutes, 218), authorized the issue of $2iK},0AO,0O0 Treasury uotes. of not less than ten dollars each, payable at not more than three years from date, or redeemable at any time after tliree years, with interest at not exceeding 7 3-10 per centum per annum. The act of March 3, 1^65. (13 Statutes, 40s,) authorized a loan of §6O(),WJ0,0O0. and the issue therefor of bonds or Treasury notes ; the notes to be of denominations of not less than fifty dollars, v»"ith interest in lawful money at not more than 7 3-10 per centum per annum. The act of July 1, 1864, (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 1 and July 1 in each year as would not be required for the payment of naval pen- sions, lection 2 of the act of July 23, 1668, (lo Statutes, 170,) Jiiakes the interest on this fund 3 per centum per annum, in lawful i7i(iney. and confines its use to th« pa\'ment of naval pensions exclusively. The act of March 3, K^6.'s (13 Statutes, 468.) authorized the issue of §61)0,000,000 of bonds or Treasury notes in addi- tion to amounts previously authorized; the bonds to be for not less than fifty dollars, payable not moi e 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 centuiD pei' 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 tor 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 $600,000,0!XJ of bonds or Treasury notes in addi- tion to ahiounts 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. l-<66, (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, 18&5, (13 Statute s, 468.) authorized the issue of |6(X),000,000 of bonds or Treasury notes in addi- tion to amounts previously authoi ized : the bonds to b« for not less than fifty dollars, payable not more than LEGAli TENDER NOTES, ETC., OF THE CENTURY. 54 J Length of loan. 5or20yrs. When re- deemable. Nov. 1,1869, 3 years. Aug.io, 1S67 June 15,1868 July 15, 1868 Indefinite or 20 yrs, Rates of interest. 6 per cent, 3-10 p. c. Par Price at which sold. Amount au- thorized. Amount is- sued. Par. $400,000,000 00 Nov. 1, 1870 a or 20 yrs. July 1, 1870, Sor 20 prs. July 1, 1872. per cent 6 per cent. Par. Par. 800,000,000 00 Amount outstanding $125,561,300 00 §58,046,200 00 829,992,500 00 Indefinite. 14,000,000 00 per cent per cent. 203,.327,250 00 Par. 332,99S,95T 00 Par. 379.602,350 00 203,327,250 00 228,450 00 14.000,000 00 152,534,3.^ 00 332,998,950 00 202,663,100 00 379,616,050 Of 310,624,400 00 642 HISTORY OF FINANCES, LOANS, BOJirt*, Consols of 1868 Three per cent, certifi cates. Certificates of indebt edness of 1870. Funded loan of 1881. forty years frrrSX? ?;je%t"pr^^^* Nati&S afforded to the adopted American citizen that is given to tl^^ r^^^^^^ born, and that all necessary laws should be passed to prXct emiS^^ m the absence ot . power in the States for that purpose emigrants }} +if -^^ immediate duty of Congress to fully investigate the adilnc»rS women the many important amendments affirmed by the Remb^^^^^^ lations of wives, mothers, and widows, and by the annoin mp^f arid election of women to the superintendencles of educat?o^n charities aSd other pubhc trusts. The honest demands of thirS of dS^^ ?es^ S S&T'^^^^ — shouK'tr^STwIS thfTer» P-rov 552 EEPUBLICAN PLATFOBM OF 1876. 15 We sincerely deprecate aU sectional feelings and tendencies. We therefore note with deep solicitude that the Democratic party counts asTts chief feature of success upon the electoral vote of a united South thiwffh the efforts of those who were recently arrayed against the iStiof, aJid we mvoke the earnest attention of the country to the grave trS that a success thus achieved, would reopen sectional strife, and imneril the national honor and human rights. . . , 1^ We charge the Democratic party as being the same m character and spirit as when it sympathized with treason, with making its control Ke House of Representatives the triumph fi^d opportunity of t^^^ Nation^recentfoes; withreassertmg and applauding m the National S tol the sentiments of unrepented rebelhon; wife sen Jng Un^^^^ soldiers to the rear, and promoting Confederate s^^^^^^ with deliberately proposmg to repudiate the plighted laim oi me SrnmentTwith being equally false and imbecile upon the over- SSg to^^ question; with thwarting the ends of justice by iTSsfn mismanagement and obstruction of mvestigation: wife proStse^^^^^ period of its ascendancy m the lower House of cSss utterly i^^^ to administer the government. We warn tfe country against trusting a party thus able unworthy, re- "^TVhe^Sn^^ Administration merits C9m^^^ able work in the management of domestic and foreign affairs, a^d President Grant deserve? the contmued and hearty gratitude of the American people for his patriotism and his immense service m war and in peace.