THE UNIVERSITY OF ILLINOIS LIBRARY 326973 cop. a. AMERICAN SLAVERY AND FINANCES. BY THE HON. ROBERT J. WALKER, M.A. COUNSELLOR AT LAW IN THE SUPREME COURT OF THE UNITED STATES, LATE LAW REP. MI., SENATOR OF THE UNITED STATES, SECRETARY OF THE TREASURY, COMMISSIONER TO CHINA GOVERNOR OF KANSAS, ETC., ETC. LONDON : WILLIAM EIDGWAY, 1G9, PICCADILLY, W, 18GA. PREFACE. THE present volume contains the various pamphlets published by me here during* the last six months. The subject discussed relates to the present rebellion in America, and embraces Jefferson Davis and Repudiation Recognition Slavery Finances and Resources of the United States. R. J. WALKER. London, March I, 1864. 513863 JEFFERSON DAVIS. REPUDIATION, RECOGNITION AND SLAVERY, LETTER OF HON. ROBERT J. WALKER, M.A. COUNSELLOE AT LAW IN THE SUPBEME COTJET OF THE UNITED STATES, LATE LAW EEP. MI., SENATOE OF THE UNITED STATES, SECEETAEY OF THE TEEASUEY, COMMISSIONEE TO CHINA, GOVEENOE OF KANSAS, ETC. ETC. SECOND EDITION. LONDON : WILLIAM RIDGWAY, 1G9, PICCADILLY. W, 1863. JEFFERSON DAVIS. REPUDIATION, RECOGNITION, AND SLAVERY. London, 10, Half Moon Street : , Piccadilly, July 1st, 1863. SOON after my arrival in London from New York, my attention was called) by some English, as well as American friends, to an article which had appeared more than a month previousty in the London " Times" of the 23rd of March last. In the Money Article of that date, is the following 1 letter from the Hon. John Slidell, the Minister of Jefferson Davis at Paris. My dear Sir, I have yours of yesterday. I am inclined to think the people of London confound Mr. Beuben Davis, whom I have always understood to have taken the lead on the question of repudiation, with President Jefferson Davis. I am not aware that the latter was in any way identified with that ques- tion. I am very confident that it was not agitated during his canvass for Governor, or during his administration. The Union bank bonds were issued in direct violation of an express constitutional provision. There is a wide difference between these bonds, and those of the Planters' bank, for the repudia- tion of which, neither excuse nor palliation can be offered. I feel confident that Jefferson Davis never approved or justified that repudiation. What may have been his private opinions of the refusal to consider the State of Mississippi bound to pro- vide for the payment of the Union bank bonds, I do not know. Yours truly, JOHN SLIDELL. A 2 4 It is due to the Editor of the cc Times" here to state, that, in his money article of the 23rd March last, he refers to the controversy of that press with Jefferson Davis on that question, in 1849, and, as regards the suggestion of Mr. Slidell, that it might have been Reuben Davis who was the repudiator in 1849, instead of Jefferson Davis, the Editor re- marked, "it is to be feared that the proof in the other direction is too strong." Indeed, the Editor might well be astonished at the supposition, that Jefferson Davis, who subscribed the repudiation letter in question of the 25th May, 1849, as well as a still stronger communication of the 29th August, 1849, should have been confounded, during a period of near fourteen years, by the press of Europe and America, with Reuben Davis, and that the sup- posed mistake should just now be discovered, es- pecially as Reuben Davis never was a Senator of the United States from Mississippi, or from any other State. I was asked if it really was Reuben or Jefferson Davis who was the author of the letter in question advocating the repudiation of the Union bank bonds of Mississippi, their recollection being, that it was the latter. I said that the repudiation letter in ques- tion of the 25 May, 1849, was subscribed and pub- lished at its date in the " Washington Union," by Jefferson Davis as a Senator of the United States from Mississippi, which position he then held, that he was personally well known to me for nearly a fourth of a century, as was also Reuben Davis, and that the latter never had been a Senator of the 5 United States from Mississippi, or any other State, as was well known to me, and would be shown by reference to the Journals of the United States Senate. I stated, that I had represented the State of Mis- sissippi in the Senate of the United States from January, 1836, until March, 1845, when, having- resigned that office, I was called to the Cabinet of President Polk, as Secretary of the Treasury of the United States, and remained in that position until the close of that administration in March 1849. I added, that I was in Washington cit}', the Capitol of the Union, and residing- there as a Counsellor at Law in the Supreme Court of the United States when the first repudiation letter of Jefferson Davis commmunicated by him to the Editor of the " Union" (a newspaper of that city,) was published on the 25th May,1849, in that print, and very generally through- out the United States. It was remarked by me, that it was well known to myself personally, and I believed to every prominent public man of that date, espe- cially those then in Washington, that Mr. Jefferson Davis was the author of that letter then published over his signature, and that he defended its doc- trines, with all that earnestness and ability for which he was so distinguished. I was also residing* in Washington, when, Mr. Jefferson Davis, published, over his signature, as a Senator of the United States from Mississippi, his well-known second repudiation letter, dated at his residence, " Brier- field, Miss.," August 29, 1849. This letter was addressed to the Editors of the " Mississippian," a newspaper published at Jackson, Mississippi, and was received by me in due course of mail. This letter extended over several columns, and was an elaborate defence of the repudiation of Mississippi. This letter also was generally republished through? out the United States. These views of Mr. Jeffer- son Davis attracted my most earnest attention, because, after a brief interval, he was one of my successors in the senate of the United States, from Mississippi. I had always earnestly opposed the doctrine of repudiation in Mississippi, and the Legis- lature of 1840-41, by which I was re-elected, passed resolutions by overwhelming 1 majorities, (hereafter quoted,) denouncing the repudiation either of the Union Bank, or Planters' bank bonds. At the period of the conversations before referred to, late in April or early in May last, I was, on this recital of the facts, strongly urg-ed to make them known in Europe, to which my consent was given. After some investigation, however, the necessary documents fully to elucidate the whole subject could not be obtained here. It was necessary, therefore, to write home and procure them. This has been done, and I now proceed to a narrative of these transactions from the authentic historical public documents. The first letter of Mr. Jefferson Davis before re- ferred to, of the 25th of May, 1849, was published by him as a Senator of the United States from Missis- sippi, over his signature in the " Union," a news-* paper published at Washington city. That letter is in these words : " DAILY UNION," WASHINGTON CITY. MAY 25, 1849. " Statement furnished by Jefferson Davis, ESQ., Senator of the United States. " The State of Mississippi has no other question with bond- holders than that of debt or no debt. When the United States Bank of Pennsylvania purchased what are known as the Union Bank bonds, it was within the power of any stock-dealer to learn that they had been issued in disregard of the constitution of the State whose faith they assumed to pledge. By the con- stitution and laws of Mississippi, any creditor of the State may bring suit against the State, and test his claim, as against an individual. To this the bondholders have been invited ; but conscious that they have no valid claim, have not sought their remedy. Relying upon empty (because false) denunciation, they have made it a point of honour to show what can be shown by judicial investigation; i.e., that there being no debt, there has been no default. The crocodile tears which have been shed over ruined creditors, are on a par with the baseless de- nunciations which have been heaped upon the State. Those bonds were purchased by a bank then tottering to its fall pur- chased in violation of the charter of the bank, or fraudulently, by concealing the transaction under the name of an individual, as may best suit those concerned purchased in violation of the terms of the law under which the bonds were issued, ai}d in disregard of the constitution of Mississippi, of which the law was an infraction. To sustain the credit of that ricketty bank, the bonds were hypothecated abroad for interest on loans which could not be met as they became due. " A smaller amount is due for what are termed Planters' Bank bonds of Mississippi. These evidences of debt, as well as the coupons issued to cover accruing interest, are receivable for State lands ; and no one has a right to assume they will not be provided for otherwise, by or before the date at which the , whole debt becomes due, "JEFFERSON DAVIS." To this letter the London " Times/' in its money article ; of the 13th July, 1849 ; replied as follows : 8 "The case of Mississippi stands thus: In 1838 " the State issued bonds for five millions of dollars, to " establish the Union bank. These bonds were dated " June, 1838, bearing five per cent. interest from date, " and it was stipulated with the bank that they should "not be sold under their par value. On the 18th u August following, the bank sold all these bonds to " the United States Bank for five millions of dollars, " payable in five equal instalments in November, " January, March, May, and July, but without in- " terest. The money was punctually paid to the Mis- " sissippi Bank, and the Legislature of Mississippi, " on the terms of the sale being communicated to " them," resolved, ' That the sale of the bonds was " highly advantageous to the State, and in accordance " with the injunctions of the charter, rejecting the " highest credit on the Commissioners, and bringing " timely aid to an embarrassed community? In " little more than two years, however the Mis- " sissippi bank became totally insolvent, having lost " the entire five millions invested in it by the State. " Immediately on this having transpired, the Gover- " nor of the State sent a message to the Legislature " recommending them to repudiate, (this was the " first time the word was used) their obligations, being- " founded on the plea, that as the bonds were issued " with interest payable from the date, and they had " been sold to the United States Bank for their nomi- " n al amount only, the stipulation that they should " not be disposed of below their par value, had been " departed from. He further urged that although " the bonds had been sold ostensibly to Mr. Biddle, a the President of the United States Bank, the sale " was actual!} 7 to the bank itself, which, by its charter cc could not legally purchase them. Hence although " Mississippi had received the money for the bonds, " it was thus proposed to refuse to repay it, on the fe ground that the purchaser had no right to buy " them. The Legislature however, was not quite pre- " pared for this, and accordingly in responding to the " Governor's message, they resolved. ' 1st. That the " State of Mississippi is bound to the holders of the " bonds of the State sold on account of the bank for " the amount of principal and interest. 2nd. That the " State of Mississippi will pay her bonds, and preserve " her faith inviolate. 3rd. That the insinuation that " the State of Mississippi would repudiate her bonds " and violate her plighted faith, is a calumny upon " the justice, honour and dignity of the State/ But " after this, the pecuniary condition of the State be- " came rapidly worse, and the disposition to pay " diminished in proportion. Accordingly a joint com- " mittee of the Legislature appointed in 1842, re- " ported that the State was not bound to pay the " bonds, advancing the reasons before mentioned, and " also another, namely, that the bonds had not been " sanctioned in the manner required by the constitu- " tion, since although the provision that no loan should " be raised, unless sanctioned by a law passed through " two successive Legislatures had been complied with, te and the bonds had been legally authorized, the act " also prescribed certain conditions regarding the " Bank of Mississippi, which conditions had been 66 altered by a subsequent act, that had only passed " through one Legislature. 10 " In addition to the five millions thus repudiated, " Mississippi owes two millions which she recognizes. ff It has always, however, been a difference without (e distinction, since she pays no dividends on either. " From the period of repudiation up to the present " moment, all representations of the bondholders have " been treated with disregard. About a year and a- " half back, however, one of the citizens of Mississippi, te a Mr. Bobbins, admitted the moral liability of the " State, and proposed that the people should dis- " charge it by voluntary contributions. " The next step is the appearance of the letter from " Mr. Jefferson Davis, with whom we are now called " upon to deal. This statement which was trans- " mitted by him to the ( Washington' Union, in reply " to our remarks of the 23rd February last runs as " follows : (Here the Times inserts Mr. Jefferson Davis repudiation letter before quoted.) " The assurance in this statement that the Planters' " bank, or non-repudiated bonds are receivable for " State lands, requires this addition, which Mr. Jef- " ferson Davis has omitted, that they are only so fc receivable upon lands being taken at three times its a current value, The affirmation afterwards, that no " one has a right to assume that these bonds will not " be fully provided for before the date at which the " principal falls due, is simply to be met by the fact " that portions of them fell due in 1841 and 1846, fc and that on these, as well as on all the rest, both a principal and interest remain wholly unpaid. c( Regarding the first part of the statement no " comment could be made which would not weaken its " effect. Taking its principle and its tone together, it 11 a is a doctrine which has never been paralleled. Let it (e circulate throughout Europe, that a member of the " United States Senate in 1849, has openly proclaimed " that at a recent period the Governor and Legisla- Cc tive Assemblies of his own State deliberately issued " fraudulent bonds for five millions of dollars to e sus- " tain the credit of a rickety bank ;' that the bonds " in question, having 1 been hypothecated abroad to in- " nocent holders, such holders have not only no claim " against the community by whose executive and re- u preservatives this act was committed, but that they " are to be taunted for appealing to the verdict of the " civilized world, rather than to the judgment of the " legal officers of the State by whose functionaries " they have been already robbed ; and that the ruin " of toil-worn men, of women, of widows, and of chil- " dren, and the ( crocodile tears' which that ruin has " occasioned, is a subject of jest on the part of those " by whom it .has been accomplished, and then let it a be asked if any foreigner ever penned a libel on " the American character equal to that against the " people of Mississippi by their own Senator." To this reply of the London "Times," which, (except in portions of Mississippi,) was generally approved throughout the Union, Mr. Jefferson Davis re- sponded in a very long letter, dated from his resi- dence, Brierfield, Mississippi, Aug. 29, 1849, ad- dressed to the Editors of the " Mississippian." He begins as follows: "The London Times of July 13, 1849, contains an article which most unjustly and unfairly attacks the State of Mississippi and myself because of a statement I made in refutation of a former calumny against her, which was pub- lished in the same paper." This article of the Lon- don "Times" Mr. Davis denounces as (( & foreigner's slander against the government, the judiciary, and people of Mississippi ;" " very well for the high tory paper as an attack upon our republican govern- ment;" as "untrue;" "the hypocritical cant of stock-jobbers and pensioned presses " " reckless of reputation ;" " hired advocates of the innocent stock dealers of London Change ;" " a calumnious impu- tation." These are . pleasant epithets which Mr. Jefferson Davis applied to the " London Times " and the "London Change. 7 ' But Mr. Jefferson Davis was very indignant, not only with London, but with all England, for he says, " With far more propriety might repudiation be charged on the English Government, for the reduction of interest on her loans when she consolidated her debts ; for the income tax which compels fundholders to return a part of the interest they receive on their evidences of public debt, for the support of the Government which is their debtor." According', then, to Mr. Jefferson Davis, the London Times and the London Change are great reprobates, and it is not Missis- sippi but "THE ENGLISH GOVERNMENT" which has repudiated their own public debt. From such angry epithets and fierce denuncia- tion, the reader will be prepared to find very little argument in Mr. Jefferson Davis's second letter. He denies that Mississippi received the money. But a bank of which she was the sole stockholder, and whose directory was all appointed by lier, re- 13 ceived it. They received it also for her exclusive benefit, for she, as a State, was to derive larg-e profits on the stock of the bank, which was hers exclusively, and was paid for entirely by the pro- ceeds of these bonds. Mississippi then, as a State, through her agents appointed by her received this money. All governments must act through human agency, and the agency in this case which received the money, was appointed entirely by the State. But this is not all. The Bank, which was ex- clusively a State bank, and based entirely on the proceeds of these State bonds, with no other stock- holders, was directed by the charter to loan this money, the proceeds of these bonds, only to " the citizens of the State," sec. 46, and so the loans were made. The State, then, through an agency ap- pointed exclusively by itself, received this money, the proceeds of the State bonds, and the State, through this same agency, loaned this money to tf the citizens of the State/' who never repaid the loans. The State then received the money and loaned it out to its own citizens, who still hold it ; and yet this money, obtained on the solemn pledge of the faith of the State, her citizens still hold, and the State repudiates her bonds on which the money was received, and Mr. Jefferson Davis sus- tains, indorses, and eulogises this proceeding. Never was there a stronger case, Mr. Jefferson Davis reiterates in this letter his arguments contained in his previous communication of the 25th May, 1849, so fully answered by the Editors of the London " Times" in their money 14 article before quoted of the 1 3th July., 1849. He elaborates, particularly, the legal position, that the bonds were invalid, because he says not sanctioned by two successive Legislatures as required by the Constitution of Mississippi. This statement is erro- neous, because the loan in the precise form, in which the bonds were issued, was sanctioned by two suc- cessive Legislatures in perfect conformity with the Constitution. This is shown, as will be proved hereafter, by reference to the laws passed by the State, and such was the decision on this very point by the highest judicial tribunal of Mississippi, in i842 and 1853. But let us suppose that there was some technical legal informality as to the law, would that justify the repudiation of these bonds ? The Legislature had passed laws in 1837 and 1838 authorising^ the issue and sale of these bonds, those acts had been all signed and approved by the Go- vernor of the State, the bonds had been signed by the Governor and Treasurer of the State, the broad seal of the State had been affixed to them by the Governor, they were placed in the hands of the authorities of the State for sale, they were sold by them, and the full amount paid over to the agency appointed by the State, and by that agency the money was loaned to the " citizens of the State" and still retained by them. When the sale of these State bonds in August, 1838, together with all the facts and documents w r ere placed by the Governor before the Legislature in 1839, they ratified and highly approved the sale as before quoted by the "Times," and again still more decidedly in 1841. 15 And yet the State on the technical grounds stated by Mr. Davis, repudiated their bonds. It was un* constitutional to return the money which they had borrowed and used ! Could anything- be more absurd or dishonourable than this ? The law says if a man borrows money without certain legal authentications he shall not be forced to repay, but if he receives and uses the money, and then inter- poses such technical pleas, he is justly deemed in- famous. He has violated his honour. And is the honour of an individual more sacred than that of a state or nation ? State and national debts rest upon faith, they repose upon honour, the obligation is sacred, and must be fulfilled. It can never be illegal or unconstitutional to pay a debt, where the money has been received by a state or a nation. And, where a State, acting through its supreme Ex- ecutive and Legislature, has issued its bonds and affixed its seal, and they have passed into the hands ofbonajlde holders, the obligation must be fulfilled. For a state or nation, having issued its bonds under its highest legislative and executive sanction, to say, that her own functionaries mistook some of the for- malities of the law, and refuse payments, is a fraud upon the bonajfide holders, and can never be sustained before the tribunal of the world. But when, be- sides the Legislature and Executive of the State, its highest judicial tribunals have declared the bonds perfectly constitutional and valid, and to have been sold in accordance with the terms of the law, for such repudiation of such bonds it is difficult to find any language sufficiently strong to mark the infamy of such a transaction. 16 If indeed the formalities of the Constitution had not been complied with; and this were not a mere pretext, how easy would it have been to have passed a new act in conformity with the constitutional for- malities, assuming- the debt, or providing 1 for the issue of new bonds to be delivered to the holders on the return of those alleged to be informal. But the truth is, this alleged unconstitutionally was a mere pretext for repudiating 1 a just debt, it never occurred to the Legislatures which passed these laws in 1837 and 1838, or to the Governor who signed them, and was rejected by the Legislature in 1839, and again, in the most solemn form in 1841. And now let me trace the history of this transac- tion chronologically. The original act chartering the Bank, with the 5th section authorising the loan, was passed by the Legislature Jan. 21st, 1837, and again, in strict compliance with the provisions of the Constitution, reenacted in the same words on the 5th of February, 1838. Now the bonds issued are in strict conformity with this law, and an exact copy of the form of the bonds prescribed by the law. If then, the supplemental act of the 15th February, 1838, was unconstitutional, null, and void, as con- tended by the repudiators, then the whole original art remained in full force, and the bonds were valid under that law, and such was the unanimous deci- sion of the High Court of Errors and Appeals of Mississippi, as will be shown hereafter. It was con- tended before the Court, (and by Mr. Davis in his last letter,) that, under the original law, certain acts were to be performed before the bonds could issue. But here again, it is plain on the face of the law, and so 17 the High Court of Errors and Appeals of Mississippi unanimously decided, that these acts were not re- quired to be performed as conditions precedent to the issue of the bonds, and that the issue and sale of the bonds were perfectly valid before these acts had been performed. The bonds then are in exact con- formity with a law, which was passed by two suc- cessive Legislatures, precisely as provided by the constitution. In 1836 there was great pecuniary embarrass- ment in Mississippi, attributed by many to what was called the specie circular, and soon followed a sus- pension of the banks. Under these circumstances, there was an almost universal demand in Mississippi for relief measures. As a consequence, the attention of the Legislature was absorbed almost exclusively in the consideration of remedies for the existing* em- barrassments. The result was, the enactment, on the 21st January, 1837, of the law, creating the Union Bank of Mississippi. This bank was based upon loans to be obtained upon bonds of the State, the proceeds of which, when sold, were to constitute the capital of the bank, which money, by the terms of the charter, was to be loaned to the "citizens of the State" to relieve the existing embarrassments. The fifth section of the Act, was the only one, in which any authority was given for a loan by the State, and any power to pledge its faith. That section, entire, was as follows: " That in order to facilitate the said Union Bank for the said loan of fifteen millions five hundred thousand dollars, the faith of this State be, and is B 18 hereby pledged, both for the security of the capital and interest, and that 7500 bonds of $1000 each, to wit : 1875 payable in twelve years; 1875 in fifteen years; 1875 in eighteen years; and 1875 in twenty years, and bearing- interest at the rate of five per cent, per annum, shall be signed by the Governor of the State to the order of the Mississippi Bank, countersigned by the State Treasurer, and under the Seal of the State ; said bonds to be in the following words, viz. : fc $2000. Know all men by these presents, that the State of Mississippi acknowledges to be indebted to the Mississippi Union Bank in the sum of two thousand dollars, which sum the said State of Mis- sissippi promises to pay in current money of the United States to the order of the President, Direc- tors, and Company in the year with in- terest at the rate of five per cent, per annum, payable half-yearly, at the place named in the in- dorsement hereto, viz. : on the of every year until the payment of the said principal sum : in testimony whereof the Governor of the State of Mississippi has signed, and the Treasurer of the State has countersigned these presents, and caused the seal of the State to be affixed thereto, at Jackson, this in the year of our Lord. Governor, Treasurer." The whole act, of which this section was a part, was passed by the Legislature and approved by the Governor in 1837, and the entire section as to the 19 loan as required by the provision of the Con- stitution of the State, was referred to the action of the next succeeding* Legislature. That succeeding 1 Legislature was chosen in November, 1 837, and as- sembled, at its regular session, in January 1838. After full discussion in both houses, this act of 1837 was passed by large majorities in both branches of the Legislature, and approved by the new Governor, A. G. McNutt, on the 5th of February, 1838. The act of 1837, including- the 5th section, before quoted, was thus re-enacted by the succeeding Legislature, without any change whatever. There was then a full, complete, and undisputed compliance with the requirements of the Constitution, and, under this act, thus sanctioned by two successive Legislatures, it is conceded, that the faith of the State was pledged, and that the bonds might be issued and sold. But it is contended by Mr. Jefferson Davis, in his first, as well as his second letter, before quoted, that the bonds are invalid, because of the supplemental act of the 15th of February, 1838. Now, it will be ob- served, that no change whatever was made by this supplemental act, in this 5th section of the original act, before quoted, by which alone the faith of the State was pledged for the payment of these bonds, and which section alone, as required by the Consti- tution, had been referred to the action of the suc- ceeding* Legislature. No change whatever was made by the supplemental act in that section of the original act, the bonds were issued and sold in pre- cise conformity with its provisions, and, indeed, these bonds, thus actually issued and sold, are a B 2 20 precise and literal copy of the form of the bonds as given in the original act, as before quoted. The supplemental act changed only some of the " details' 7 of the charter of the Bank, but made no alteration whatever in the 5th section. This supplemental act, which is now denounced by Jefferson Davis as un- constitutional, was passed, after the fullest investi- gation of this question, as to the power of the Le- gislature, with favourable reports as to the Consti- tutional power by the joint Committee of both houses. The Committee reported to the Senate, that, by a " a supplemental bill" " it is competent for this Legislature to alter and amend the details of the bill, incorporating the subscribers to the Mis- sissippi Union Bank, passed at the last session of the Legislature of this State." (Senate Journal, 103.) The report of the Committee to the House was as follows : i( The said Committee are of the opinion, that it is within the province of the Legislature to amend or change the details of the said Mississippi Union Bank Charter/' &c. (House Journal, p. 117.) Such was the opinion of the joint Committee of both houses of the Legislature, which reported this supple- mental act, which act was passed by the vote of 22 to 3 in the Senate, (Journal, 320,) and 55 to 22 in the House (Journal, 329-30.) It would appear, then, that in the opinion of an overwhelming majority of both branches of the Legislature of Mississippi, the sup- plemental act was constitutional ; and the act was approved by A. Gr. McNutt, the Governor of the State, and thus became a law on the 15th of 21 February, 1838. Indeed, the idea that a sub- sequent Legislature could change none of the details of a Bank charter, because there was embodied in the act a separate and distinct section authorizing* a loan of money by the State, seemed to me never to rise to the dignity of a question. Such, we have seen, was the view of the Legislatures of 1838, 1839, and 1841, and such was the unanimous decision, hereafter quoted, of the Chancellor and Cir- cuit Judge of Mississippi, and of the Supreme Judi- cial Tribunal, the High Court of Errors and Appeals of the State, in two decisions, on this very point, and in favour of the constitutionality of this law. One of these decisions was made in Januar}^ 1842, and the other in April, 1853. These decisions were conclusive against the State, and binding upon the Legislature, the Governor and the people, for the following reasons. The Constitution of the State of Mississippi contains the following clause : " Article II. Distribution of Powers. " Sec. 1. The powers of the Government of the State of Mississippi shall be divided into three dis- tinct departments, and each of them confided to a separate body of magistracy ; to wit, those which are legislative to one, those which are judicial to another, and those which are executive to another. " Sec. 2. No person or collection of persons, being" of one of these departments, shall exercise any power properly belonging to either of the others, except in the instances hereinafter expressly directed or permitted." It is not pretended .that 22 any exception was made for this case. The contrary has always been held by the Courts of Mississippi. Indeed^ as late as October Term, 1858, this very question was decided by the High Court of Errors and Appeals of Mississippi, when it was ruled by the Court that " The Legislature may not, therefore, exercise powers which in their nature are judicial." Isom. v. Missis. R. R. Co. 7. George 314. In the 9th section of the 7th article of the Consti- tution of Mississippi is found the provision on which Mr. Jefferson Davis relies, requiring the assent of two successive Legislatures to pledge the faith of the State. Immediately succeeding this provision is the following : ^ The Legislature shall direct by law in what Courts suit& may be brought against the State." These two consecutive sections of the same article of the Constitution, being in pari materia, are to be con- strued together. Indeed, it is a well known historical fact, that this 9th section, as regards the pledge of the faith of the State, which is now perverted to a wholly different purpose, was intended to give greater solemnity and a higher credit to the bonds of the State, as was likewise the provision in the same Constitution of 1832, sanctioning by name the Planters' bank bonds of the State (now unpaid,) in consequence of which, they were sold at a premium of thirteen and a half per cent. In pursuance of the provision of the Constitution before quoted, the Legislature of Mississippi, in 1833, passed an act, designating the Court of Chancery, as the one in which suits might be brought against the State, 23 with the right of appeal by either party to the High Court of Errors and Appeals. That act was passed in 1833, in pursuance of this mandatory pro- vision of the Constitution before quoted. That act provided, that, if the decree of the Court should be ag-ainst the State, the Governor shall issue his man- date to the Auditor to draw on the Treasurer to pay the decree, but " no execution whatever shall ever issue on any decree in Chancery against the State of Mississippi whereby the State may be dis- possessed of lands, tenements, goods and chattels." Howard's Dig. 523, 524. Here, then, are the two consecutive provisions of the Constitution in pari materia^ the one designating the mode by which the bonds of the State might be issued, and the other, the judicial tribunals in which all disputes as to such bonds might be definitively settled, and payment made, if the decree were against the State. That Constitution vested the whole judi- cial power of the State in the Courts, it vested nothing but "legislative power" in the Legislature, and it prohibited the Legislature and Executive from exercising* judicial power \ it adopted the great fundamental principle of constitutional govern- ment, separating* the executive, legislative, and judicial power. Indeed, it is the great doctrine of American law, that the concentration of any of these two powers, in any one body or functionary, is dangerous to liberty, and that the consolidation of all of these powers, creates a despotism. The interpretation of a law, and particularly of a con- stitution, which is made the " supreme law," the lex 24 legum, has uniformly been regarded, as exclusively a judicial^ and not an executive or legislative function. In this case, however, it has been made clear by an express provision of the constitution separating- these functions, and designating, under its mandate, the Courts in which suits shall be brought against the State, and the form of the decree to be rendered, and requiring 1 payment to be at once made. A suit is a judicial act, and so is the decree of a Court. Well, then, the highest judicial tribunals of Mississippi, have twice decided this question; they have declared this supplemental acfc constitutional, these bonds valid, and the sale of them to be in conformity with the law ; and, in a suit on one of these very bonds, after the fullest argu- ment, the Court entered a decree of payment, over- ruling 1 every point made by Jefferson Davis, and yet the State still repudiates, as well, after the first decision, in 1842, as the second in 1853. It is difficult to imagine a more palpable infraction of the constitution, or a clearer violation of every principle of justice than this. The State prescribes certain forms under which her bonds may issue, she adds to this, in the very next section, a provision commanding the Legislature to designate the judicial tribunals in which suit may be brought on such bonds against the State those tribunals are designated by the Legislature, namely, the Court of Chancery, with appeal to the High Court of Errors and Appeals of the State; both those tribunals, (including the Chancellor,) have unanimously decided against the State, and a 25 decree is entered for payment of the bonds. And yet the State persists in repudiation, and Jefferson Davis defends her course. When the High Court of Errors and Appeals of Mississippi first deci- ded this question, it was composed of Chief Jus- tice Sharke}^ and Justices Turner and Trotter (one of the framers of the Constitution). When, again, in 1851, suit was brought against the State on one of these repudiated Union Bank bonds, and a decree for its payment rendered by the Chan- cellor, that decree, on full argument on appeal, was unanimously confirmed by the highest judicial tribunal of the State, composed entirely of different judges, namely, Chief Justice Smith, and Justices Yerger and Fisher. Here then are eight Judges, all chosen by the people of Mississippi, concurring in 1842, as well as in- 1853, as to the validity of these bonds, and yet Jefferson Davis justifies their repudiation. The Judges of Mississippi all take an oath to support the constitution, and it is made their duty to interpret it, and especially this very clause : the Legislature is confined to law making, and for- bidden to exercise any judicial power ; the expound- ing this supplemental law, and the provisions under which it was enacted, is exclusive^ a judicial power, and yet the Legislature usurps this power, repudiates the bonds of the State, and the acts of three pre- ceding Legislatures, and the decision of the highest tribunals of the State, Jefferson Davis sustains this repudiation, arid the British public are asked to take new Confederate bonds, issued by the same Jeffer- son Davis, and thus to sanction, and encourage, and 26 offer a premium for repudiation. These so-called Confederate bonds are issued in open violation of the constitution of the United States, they are ab- solute nullities, they are tainted with treason, they never can or will be paid, and yet they are to be thrust on the British public under the sanction of the same great repudiator Jefferson Davis, who ap- plauds the non-payment of the Mississippi bonds, and thus condemns hundreds of innocent holders, including- widows and orphans, to want and misery. Talk about Jaith, about honour, about justice, and the sanctity of contracts. Why, if such flagrant outrages, such atrocious crimes, can be sustained by the great public of any nation, small indeed must be the value of their bonds, which rests -exclusively on good faith. Suppose some astute lawyer could find some in- formality in the law authorizing the issue and sale of the bonds representing the British consols } would any member of either House propose in Parliament to repudiate such bonds, and would not such a motion cause his immediate expulsion ? Yet, this is what the Legislature of Mississippi has done, what Jeffer- son Davis approves and applauds, and what lie says, the (( English Government" has done. The London " Times" has heretofore quoted the proceedings of the Legislature of Mississippi in 1839, approving the sale of these bonds and eulo- gizing the transaction. It has also referred to the Message of Governor McNutt, of 1841, nearly three years after the sale of the bonds, first recommend- ing their repudiation, and to the resolutions of the 27 Legislature of Mississippi of that date, affirming' the legality of these bonds and the duty of the State to pay them. As these resolutions are of great im- portance, and ought to have closed the whole con- troversy; I will state, (what is shown by the Journals of the Senate and the House), that they passed both Houses, in great part unanimously, and for the re- mainder, by large majorities. [Sen. Jour. p. 312,] [House Jour. p. 416-17, 249, 324 to 329]. The objections made by Governor McNutt in 1841, were as follows : " 1st. The Bank of the United States is prohi- bited by its Charter from purchasing such stock either directly or indirectly. " 2nd. It was fraudulent on the part of the Bank, inasmuch as the contract was made in the name of an individual, when in fact, it was for the benefit of the Bank, and payment was made with its funds. " 3rd. The sale was illegal, inasmuch as the bonds were sold on a credit. " 4th. Interest to the amount of about $170,000 having accrued on those bonds before the purchase money was stipulated to be all paid, the bonds were in fact sold at less than their par value, in direct violation of the Charter of the Bank." (House Journal, p. 25). It will here be remarked, that the great objection now urged by Jefferson Davis against these bonds, namely, that the act under which they were alleged to have been issued was unconstitutional, is not enumerated by Governor McNutt. Surely if such an objection existed to the payment of the bonds, it 2$ must have found a place in this celebrated message. Is not this conclusive proof, that this constitu- tional objection was a mere afterthought and pretext of Jefferson Davis and his associate repudiators ? Let us examine the Governor's objections As to the 1st and 2nd. The Bank did not make the pur- chase The contract was made by an individual, although ttie performance was guaranteed by the Bank. As this is a mere technical objection, surely the Bank guarantee, even if void, could not affect the contract itself. 2nd. The transaction, even if made by the Bank, was not in stock, but a loan made upon bonds. 3rd. The right of the Bank to do this act, is immaterial, if the money was paid, as in this case, the bonds received, payable to bearer, and passed for value, into the hands of bond Jide holders. What an objection to the refunding the money that, although it was received, the pur- chaser of the bonds had no right to buy them, and therefore the bond Jide holders should lose the mo- ney. It might have been in violation of its Charter for the Bank to purchase the bonds, but it was "fraudulent? when the money was received by the State, to retain it, on the allegation, that the Bank could not legally make the purchase, especially when the bonds, in the meantime, had passed into the hands of bond Jide holders. As to the 3rd ob- jection. As the rnone}' was paid, before the objec- tion was made, and the Union Bank authorised to draw at once for the amount, at a point beyond the limits of the State, which it did do, and realized a large premium on the exchange, and profit on 29 the transaction, the objection is as unfounded in law, as it is in morals or good faith \ especially as the bonds were payable to bearer, upon their face, in exact conformity to the law, and had passed. for value, into the hands ofbondjide holders. Besides, there was no such restriction in the Charter. The only restric- tion in the supplement was, that they should not be sold below par. Suppose the bonds for five millions of dollars had been sold for five millions and a half, payable in sixty days, and the money paid at the time, it is equally absurd and fraudulent to contend, that for such a reason, the whole money could be retained, and bonds repudiated. As to the 4th ob- jection, the original 5th section which passed two successive Legislatures, did not require that the bonds should not be sold for " less than their par value." If then, as contended by Jefferson Davis, the supplemental act containing this provision, was unconstitutional, null and void, then no such restric- tion existed, and the sale was valid under the ori- ginal act. But the truth is, the bonds were not sold below par, but above par as shown by the High Court of Errors and Appeals of Mississippi in the decision hereafter quoted by me. Indeed, all these four objections of the Governor, as well as those of Jefferson Davis, are shown, in that decision to be as unfounded in fact, as they were in law or morals. But suppose the bonds were sold below par, that is that the State had lost $170,000, or less than four per cent., on bonds for five millions of dollars. Was that a just or valid ground for repudiating the whole, principal and interest ? The plea of usury is always disgraceful, even if true, especially where 30 the security was negotiable to bearer and had passed, for full value, into the hands of bond Jide holders. But if such a plea is disgraceful to individuals, what shall be said when it is made on behalf of a State? And what shall be thought of those who make such an objection ? What of a Governor, or of a United States Senator, who urges such objections on behalf of a State ? Do we not feel as if the State were some miserable culprit, on trial, and some pettifogging- lawyer was endeavouring to screen him from punish- ment, by picking a flaw in the indictment. Yet such are the pleas in behalf of a State, urged by Governor McNutt and Senator Jefferson Davis. On reference to the letter before referred to, of Jefferson Davis, it will be found that he does not confine himself to the Constitutional objections. In his first letter, before quoted of 2oth May, 1849, Mr. Jefferson Davis says, " Those bonds were pur- chased by a Bank then tottering to its fall pur- chased in violation of the Charter of the Bank, or fraudulently by concealing the transaction under the name of an individual, as may best suit those con- cerned, purchased in violation of the terms of the law under which the bonds were issued, and in disregard of the Constitution of Mississippi, of which the law was an infraction." These positions are deliberately repeated by Jefferson Davis, in his second letter, before referred to, of the 29th August, 1849. That is, the State should pay none of the money received, because the purchaser, as alleged, had no right to buy the bonds and because the sale was, as erroneously stated, an infraction of the law, that is, tisurious, or a sale below par. He insist 31 the money was not received by the State, because, he says, " Mississippi had no bank, arid could not have a bank of issue, because forbidden by the tenth section of the first article of the United States Constitution ' no State shall emit bills of credit/ " Surely Mr. Davis must have known, that in the case of the bank of Kentucky, a State bank of issue owned exclusively by the State, it was decided by the Supreme Court of the United States, that such a bank was constitutional, and no politician of the Secession school can object to that decision II Peters, 267.* But however this might be, what kind of a plea is this ? Why, if, as alleged, by Mr. Davis, Mississippi had violated the Federal Con- stitution, by establishing 1 a bank of circulation, that therefore the bonds of the State should be repu- diated. Is it not incredible that a Senator should assume such a position on behalf of his State? But, if this be sound,, it clearly follows, that, in as much as the Confederate bonds are issued in plain violation of the constitution of the United States, those bonds should be repudiated ; so also if they were sold below par, or if there be any other tech- nical objection. Nor will it avail that the bonds may have passed into the hands of bondjide holders, for, Mr. Jefferson Davis says, in his letter of the 29th August, 1849, " If the bonds have passed into the hands of innocent holders, the fact does not * A similar decision was made by the same Court in the case of Darrington v. State Bank of Alabama, 13 Howard, 12. But if the Bank could not issue notes, it would still be constitu- tional, as a Bank of exchange, discount, and deposit, like the Bank of Commerce, New York, and many others having no circulation. 32 vary the legal question, as the purchaser could not acquire more than the seller had to dispose of." And again, he says, referring to the alleged ina- bility of the first purchaser to buy the bonds, " The claim of foreign holders is as good, but no better than that of the first purchaser/' It is difficult to say, which is most astounding, the law, or the morals of this position. At all events u the foreign holders" of Confederate bonds, are informed by Jefferson Davis, that this is the law. Indeed it is a singular coincidence, that one of the objections made to the payment of the Union bank bonds by the Governor, was, as he alleged " the monstrous as- sumption of power on the part of the bank, in seek- ing to monopolize the cotton crop of the State, and becoming a factor and shipper of our great staple." (Senate Journals, 29.) Why, this is what is being' attempted by these Confederate cotton bonds, al- thoug'h the State rights strict constructionists of slavedom, would in vain look for any clause in their so-called constitution, authorizing any such trans- actions in cotton. And here, let me say, that the objection of a Senator from Mississippi to the pay- ment of her bonds, that, in issuing them, her Go- vernor and Legislature had violated their own constitution, proposes to cure one fraud, by commit- ino- another, far more stupendous. The bonds were issued by the highest Legislative and Executive functionaries of the State, the broad seal of the State attached, the bonds sold, and the money re- ceived. In such a case, there is a legal^ as well as a moral estoppel, forbidding such a plea, for,- 03- the English, as well as by the American doctrine, an 33 estoppel excludes the truth, whenever such proof would enable the party, who obtained money on false pretences, to commit a fraud on third persons, by disproving' his own averment. This is not a mere technical rule, but one which is based upon experi- ence, and sustained by the most exalted morality. I have given the several objections made by Go- vernor McNutt and Senator Davis to the payment of these bonds, with one exception. This will be found in the following- extract from the executive message of Governor McNutt, p. 502, a 'Ihe bank, I have been informed, has hypothecated these bonds, and borrowed money upon them of the Baron Rothschild ; the blood of Judas and Shylock flows in his veins, and he unites the qualities of both his countrymen. He has mortgages on the silver mines of Mexico and the quicksilver mines of Spain. He has advanced money to the Sublime Porte, and taken as security a mortgage upon the holy city of Jeru- salem, and the sepulchre of our Saviour. It is for the people to say, whether he shall have a mortgage upon our cotton fields and make serfs of our chil- dren." I trust the Baron will have the good sense to smile at such folly, and realize, how universal!}^ at least throughout the North, the malice and dis- honesty of these suggestions was condemned and repudiated. We have no such prejudices, worthy only of the dark ages, against " God's chosen people," " the descendants of the patriarchs and prophets," and the " countrywomen of the mother of our Lord." Mississippi was thejirst repudiating state ; A. G. c 34 McNutt, ihejirst repudiating- Governor, and Jeffer- son Davis, the Jirst repudiating- Senator. As another evidence of the incredible extent to which the public sentiment of that day was debased, I quote the following- passage from Governor McNutt's messag-e of 1840, proposing- to repeal the Bank Charters^ and to legalize the forgery of their notes (C The issuing- of paper money, in contravention of the repealing- act, could be effectually checked by the abrogation of all laws making 1 it penal to forg'e such paper." Sen. Jour. p. 53. Surely, nothing-, but the fell spirit of slavery, could have dictated such a sentiment. But this whole question has been twice unani- mously decided by the highest judicial tribunal of Mississippi, ag-ainst the State, and every point made by Governor McNutt and Jefferson Davis, overruled by the Court. One of these decisions was in Ja- nuary term, 184, more than seven years before the date of Jefferson Davis 1 letters, and the other was at April term, 1853, nearly four years subsequently. The first decision at January term, 1842, is in the case of Campbell et al v. Mississippi Union Bank, 6 Howard, 625 to 683. In this case it was pleaded " that the charter of the Mississippi Union Bank was not enacted and passed by the LegisIa-> ture, in compliance with the provisions of the Con^ stitution of the State, in this, that the supplemental act of 15th February, 1838, the same being a law to raise a loan of money, on the credit of the State, was not published and submitted to the succeeding* Legislature according- to the provisions of the Con* 35 stitution in 9th section, 7th article.' 7 Here the direct constitutional question was presented, re- quiring- the decision of the Court. The case was most elaborately argued on both sides The able and upright circuit Judge, Hon. B. Harris, had decided that the supplemental act was constitutional, and the bonds valid, and the High Court of Errors and Appeals of Mississippi, after full argument on both sides, unanimously affirmed that decision. In delivering the opinion of this highest judicial tribu- nal of the State, and the one designated by the Legislature in 1833, under the mandatory clause of the Constitution, Chief Justice Sharkey said, " The second plea, is, in substance, that the act sup- " plemental to the charter of the Union Bank, was " not agreed to by a majority of each House of the " Legislature, and entered on the Journals with the * c yeas and nays, and referred to the next succeeding " Legislature after publication in the newspapers, " according to the provisions of the 9th section of the " ?th article of the Constitution ; but the said supple- " mental act made material alterations in the original " act, and was only passed by one Legislature, and " that no loan of money can be raised on the faith of " the State without the assent of two Legislatures f( given in the manner prescribed by the Constitution." " I shall then proceed to notice the Constitutional " provision, and to inquire by an application of it to " the Bank charter, whether the position can be sus- ec tained. The 9th section of the 7th article, (of the " Constitution) is in these words. c No law shall ever c 2 36 " be passed to raise a loan of money on the credit of " the State, for the payment or redemption of any "loan or debt, unless such law be proposed in the " Senate or House of Representatives, and be agreed " to by a majority of the members of each House, and " entered on their Journals, with the yeas and nays " taken thereon, and be referred to the next succeed- " ing 1 Legislature, and published for three months " previous to the next regular election, in three news- " papers of the State, and unless a majority of each " branch of the Legislature, so elected after such " publication, shall agree to pass such law, and in " such case, the yeas and nays 'shall be taken, and " entered on the Journals of each House/ "The 5th section of the original act provides " '.That in order to facilitate the said Union bank for " the said loan of fifteen million five hundred thou- " sand dollars, the faith of this State be and is hereby " pledged both for the security of the capital and " interest,' &c. It appears that the original charter " in which this provision is contained, was passed in " accordance with the provision in the Constitution. " The supplemental act makes no alteration whatever " in regard to this section. It changes in some " respects the mere details of the original charter, in " the mode of carrying the Corporation into successful " operation, and authorizes the Governor to subscribe " for the stock on the part of the State. The object " of the pledge is not changed, on the contrary, the " supplemental act was passed in aid of the original " design. In applying the constitutional test to the 37 " 5th section, I am not able to perceive any reason " which to me seems sufficient to justify the conclu- " sion that it is unconstitutional." " The plea presents no bar to the action." Justices Turner and Trotter concurred. Mr. Howard, the distinguished State reporter, gives, in the heading of the case, the following as the decision of the Court. "The act supplemental to the Charter of the Union Bank, being in aid of the Charter, and changing the same only in some of the mere details, is a constitutional act/ 7 The supplemental act, we have seen, was not, in the language of the Constitution, a law " to raise a loan of money on the credit of the State" that act had already passed two successive Legislatures, and was unchanged by the supplement, which merely modified some of the details of the Bank Charter ; such was the the fact, and such the decree of the inferior Court, such was the unanimous decision of the highest judicial tribunal of the State, to which thejinal adjudication had been assigned, by a man- datory provision of the Constitution. Surely this decision should have settled the ques- tion. But it did not. Jefferson Davis, notwith- standing his professed desire to submit this question to the final decree of the Courts of the State, per- sisted, as we have seen, in 1849, in repudiating these bonds, at a period more than seven years after this decision of 1842, and still persevered, after the second similar adjudication of 1853. The Governor, A. G. McNutt, who had signed the laws authorizing these bonds, and the bonds 88 themselves, anticipating' the decision of the Court (as he indicates in his message,) in favour of " the holders of certain bonds heretofore issued to the Planters' and Union Bank/' recommends the Legislature, in his message of January, 1842, to create a ee revenue court," the judge of which shall be appointed " by the Executive or Legisla- ture" to which such cases should be transferred. Sen. Jour. p. 22. Thus the case, on the bonds, was to be taken from the high tribunal, (where it was then pending,) created by the Constitution, and chosen by the people, and transferred to a revenue judge to be appointed by the repudiating Governor or Le- gislature of 1842, of course a mere executive para- site, or legislative minion, placed on the bench to repudiate the bonds. Fortunately, such an appoint- ment was forbidden expressly by the Constitution, and would have been disregarded by the Court ; so this attempted usurpation failed. The Governor says in that message, " It never was intended by the framersof the Constitution, that ever} r public creditor should be permitted to harass the State at pleasure by vexatious suits Neither the judgment of a Court nor the decree of the Chancellor can be obligatory on the Legislature" &c. -p. 17. In conformity with this recommendation of the Governor, the Legislature passed a series of resolu- tions, declaring that " the Legislature is the exclu- sive judge of the objects for which money shall be raised and appropriated by its authority," &c. that the Legislature has no right to " levy or appro- 39 priate money for the purpose of executing 1 the ob- ject of a law, by them deemed repugnant to, or un- authorized by the Constitution/' that the " Supple- mental (Union Bank) Bill is unconstitutional/' that " the bonds delivered by said Bank, and by it sold to Nicholas Biddle on the 18th August, 1838, are not binding upon the State/' &c. Acts of 1842, ch. 127. But, unfortunately for these positions, the Constitution of the State had deprived the Le- gislature of all " judicial power/' it had vested this power exclusively in {( the Courts/' it had, in the very case of all bonds of the State, required and commanded the Legislature to designate the Courts in which such cases should be decided ; it had, by the Act of 1833, passed in obedience to the im- perative mandate of the Constitution, referred all such cases to the decision of the Court of Chancery, with appeal to the High Court of Errors and Ap- peals, it had made their decision conclusive, it had already appropriated the money, to pay all such decrees, and made it the duty of the Governor to command the Auditor to draw his warrant on the Treasurer for payment ; this was the constitution and the law when these bonds were issued and sold in 1838 such was the contract of the State, in regard to which, the Federal Constitution declares, " no State shall pass any law impairing the obliga- tion of contracts" - which clause has been uniformly held by all the Federal as well as State Courts, to apply to contracts of a Stateand yet, in flagrant defiance of the highest duties and the most sacred obligations, the Legislature passed these resolutions, 40 to nullify the anticipated decisions of the Court. We have seen, however, that this Executive and Legislative usurpation was ineffectual. The Court stood firm, not a sing-le Judge wavered, and, by a unanimous decree, reversed the Legislative and Ex- ecutive repudiation - vindicated the majesty of the Law and the Constitution upheld the sacred cause of truth and justice resisted the popular phrensy, and defied the unprincipled demagogues, by whom the people of the State had been deceived and de- luded. It was a noble spectacle, when those three upright and fearless Judges, Sharkey, Turner, and Trotter, entered the temple of justice, and declared to the people, by whose ballots they were chosen, that the State was bound to pay these bonds, and decreed accordingly. The same sublime scene, was re-enacted, by a similar decree, in a suit against the State, 011 one of these bonds, by the same Court, in 1853, then composed of different Judges Smith, Yerger, and Fisher. And not one Judge or Chan- cellor of the State ever wavered. Amid all this heaven-daring iniquity, thank God ! the judicial ermine was unstained. Whilst constrained to de- nounce the repudiating Legislature, Governor, and Senator of Mississippi, let me point to another green spot amid the moral waste and desolation of that dreadful period. With scarcely an exception, the Bar of Mississippi was true to the cause of honour, law and justice. They knew the objections of McNutt and Davis were wretched pretexts, and they vindicated the reputation of that noble profession, which, in all 41 ages, has been the champion of Constitutional li- berty. They were men of the same stamp as their illustrious English ancestry, Hampden^ Sidney and Russell, whose names cover the map of my country, and whose deeds have exalted the charac- ter of man ; and although the blood of our anti- repudiating heroes, did not flow like that of the British martyrs, as a sacrificial offering on the altar of freedom, they sacrificed ease, and affluence, and ambition, and political preferment, and endured obloquy and reproach. I rejoice in the recollection, that, during this contest, they should have selected a sentence from my address against repudiation, and placed it on their banners, and at the head of their presses in these words, " The honour of the nation and of every State is the birthright of every Ame- ricanit is the stainless and priceless jewel of po- pular sovereignty it has been preserved unsullied, in all times that are past, through every sacrifice of blood and treasure, arid it must be maintained/ 9 Aye ! and it will yet be maintained. The time will come, when repudiation will be repudiated by Mis- sissippi when her wretched secession leaders, the true authors of her disgrace and ruin, will be dis- carded, when her insolent slave holding oligarchy will be overthrown, when the people will break the chains of their imperious masters, and labour, with- out regard to colour, will be emancipated. Seces- sion, repudiation and slavery, are the same in principle and had the same leaders. Jefferson Davis carried the repudiation banner in 1849, as he now does that of secession and slavery. Secession is a 42 repudiation of law, of constitution, of country, of the flag- of our forefathers, and of the Union purchased hy their blood. Driven at home, within a circle of fire, which narrows every day, it is crouching* before foreign rulers, and imploring- their aid to accom- plish the ruin of our country. It appeals to their ambition, their avarice, their fears, their hatred of free institutions and of constitutional government. It summons them to these English shores, it un- sheaths the imperial sceptre in the House of Com- mons, denounces the Ministry of England, and dictates the vote of Parliament on the most mo- mentous question in the history of the world. Why, when these sentiments were uttered, I almost expected to see the shades of Burke and Fox, and Pitt and Chatham, and Peel and Wellington, rise in the midst and denounce the degenerate bearer of such a message. What ! the British Commons become the supple tools, the obsequious minions, the obedient parasites, to do the bidding- of a foreign master, and tremble when his envoy should stamp his foot and wave the imperial banner in the halls of Parliament. From whom was this message, and to whom ? Was it to the England of Trafalg-ar and the Nile ? Was it to the descendants of the men who conquered at Agincourt and Cressy, and changed for ages at Waterloo the destiny of the world? Why Nelson would speak from his monu- ment, and the Iron Duke from his equestrian statue, and forbid the degradation of their country. But there stood the Confederate messenger, delivering- the mandate of a foreign Power to the House of 48 Commons, describing- England as a crawling* reptile^ exalting- the Government he professed to represent, as controling* the Continent, and fearing- lest the Imperial Eag-le alone should swoop down upon his prey. And such lang-uag-e, such sentiments ! Was I in Billingsgate, that ancient and illustrious insti- tution, so near the House of Parliament ? Why, the whole code of morals and of international law was repudiated in a sentence, and our demag-og-ues distanced in the race. Did the envoy echo the voice of his master, when he announced that the Ameri- can Union must be dissolved by foreig-n interven- tion, because, if re-united, it would be too strong' and bully the world therefore France and Eng-- land combined must strike us when we were supposed to be weak and divided. It is not the author of such ignoble sentiments, that would lead the banner of France, or of England, any where, except to humiliation and disgraces "Non talis auxilii, nee defensoribus ipsis" No, when, Eng-- land seeks leaders, it will not be the sycophants of power, those who worship alternately democracy and autocracy, who slaver over despotism one day with their venom, and the next with their still more loathsome adulation. But there was a change. The Ministry, and one of an order supposed to be our most deadly foe, spoke. There were some opinions especially, as to the re- sults, in which no American could concur there was deep devotion to England but there was also the voice of reason, of justice, of international law it was not so cosmopolitan as I expected, but the 44 argument of felon force and robber violence was discarded. The scholar, the statesman, the gentle- man the philanthropist addressed the English Commons. Yes, and the nobility of nature also spoke, one who could rise above the reputed prejudices of his order, and do justice to a kindred race of simple Republicans, though they may know neither diadems nor coronets. Such examples exalt and dignify the character of man. They teach us re- publicans a useful lesson that those who differ from us as to some of the forms of Government, may most sincerely support that system, which in their judg- ment will best promote the welfare and happiness of the people. That indeed is the only question. Let England and America work out the problem in peaceful and friendly rivalry. Time and experience will decide the question. If, when slavery is extin- guished in our Union, and the only aggressive element of our system is extirpated, we should run a grand and peaceful career of honour and glory, and pros- perity, we will want no other argument than the results. The blasphemous doctrine of the divine right of kings was discarded by England in the revolution of 1688. The British throne reposes now on the alleged basis of the welfare and happiness of the people. What form of Government will best pro- mote that end this is the only question. I believe it is ours but only with slavery extinguished, and universal education Schools Schools SCHOOLS common schools high schools for all. Education the criterion of the right of suffrage, not property. I do not believe in a Government of ignorance, whether by 45 the rich; or poor, the many, or the few. With the constant and terrible opposing- element of slavery, we have certainly achieved stupendous results in three- fourths of a century, and to say that our system has failed, because slavery now makes war upon it, is amazing folly. Why predict, that, when re-united, and with slavery extinguished, we would bully the world. Who were our bullies ? Who struck down Charles Sumner the senator of Massachusetts, the eminent scholar and orator, on the floor of the Senate, for denouncing 1 the horrors of slavery ? A South Carolina Member of Congress, whilst all slavedom approved thedeed. Who endeavoured to force slavery on Kansas by murder and rapine, and the forgery of a constitution ? Who repealed the Missouri com- promise, in order to force slavery upon all the territories of the United States ? Who are en- deavouring now to dissolve the Union, and spread slavery over all this wide domain ! Who conspired to assassinate the American President on his way to Washington ? Who murdered in Baltimore the men of Massachusetts on their way to the defence of the Capitol of the Union ? Who commenced the conflict by firing' upon the starving garrison of Sumpter, and striking down the banner of the Union which floated over its walls? Who, immediately thereafter, announced their resolution to capture Washington, seized the National arms, .and forts and dockyards, and vessels, and arsenals, and mints and treasure, and opened the war upon the Federal Government? There is a plain answer to all these questions. It is the Lords of the whip and 46 the chain and the branding* iron, who are our bul- lies ; who insist upon forced labour, and repudiate all compensation to the toiling 1 millions of slaves who repudiate, among 1 slaves, the marital and parental relation, and class them by law as chattels who forbid emancipation who make it a crime to teach slaves to write or read aye, even the Bible who keep open the interstate slave-trade (more horrible than the African, making Virginia a human stock farm,) tearing- husband from wife, and parents from children founding" a Government boldly announc- ing 1 the doctrine of property in man, based avowedly on the divinity, extension, and perpetuity of slavery these are our bullies, and when they are over- thrown, we shall commence a new career of peace- ful progress and advanced civilization. And why sow the seeds of international hatred between England and America ? Is war really desired between the two countries, or is it supposed that we will yield to foreign intervention without a struggle ? No, the North will rise as one man, and thousands even from the South will join them. The country will become a camp, and the ocean will swarm with our privateers. Rather than submit to dismemberment or secession, which is anarchy and ruin, we will, we must fight, until the last man has fallen. The Almighty can never prosper such a war upon us. If the views of a foreign Power have been truly represented in Parliament, and such an aggression upon nsis contemplated, let him beware, for in such a contest, the political pyramid resting* upon its apex, the power of one man, is much more likely to 47 fall, than that which reposes on the broad basis of the will of the people. But, let me resume the debate. When the minis- try had closed, the earnest opponents of slavery, and true friends of England and America, discussed the question. Seldom have such great speeches been heard on any occasion, and the impression made was most profound. What is it England is asked to recognize ? It is a Confederacy, claiming- to be a league of Sovereign and Independent States, like the old American Confederacy of 1778, abandoned when we formed a nation in 1787. When England, in 1783, recog- nized the old Confederacy, the recognition was of each of the several States by name, as sovereign and independent. Now, applying those principles on the present occasion, to the several seceded States by name. Is Virginia independent ? Why all her coasts and sea ports are held by us, so is Norfolk, her commercial capital, more than half her area and white population, and nearly half her territory has been organized as a new State of the Union, and, by the almost unanimous vote of her people, has abolished slavery. Are North and South Caro- lina, Georgia, Florida, Alabama, and Texas, inde- pendent ? Why, their whole coast and large portions of the interior are held by our army and navy. Is Tennessee independent ? Two-thirds of her territory j as well as her political and commercial capitals, Nashville and Memphis, are held by us. The same thing is true, to a great extent, as to Arkansas. As to Mississippi her 48 whole sea coast, and her whole river coast, for 500 miles, with the exception of a single point, is held by us, and more than half her territory.* As to Louisiana, we hold three-fourths of her territory, all her sea coast, all her river front on both banks of the Mississippi, except one point, and her great city, New Orleans, the commercial capital of the State and of the South, with four times the population of any other southern city, and with nearly half the free population of the State. f More than three-fourths of the population, as well as area of Louisiana, is held by us, with her political and commercial capital, and yet it is proposed to acknowledge Louisiana as one of these sovereign and independent States. How can the so-called Confederacy, claim- ing to be a league of sovereign and independent States, be recognized as independent, when the States composing that league are not independent ? How is Richmond to be reached by an English envoy, or is the blockade to be broken, which is war ? How as to slavery ? The 331,000 slaves of Louisiana, the three millions of slaves of the seceded States, are emancipated by the proclamation of the President, under the war power uniformly recognized as Constitutional by the Supreme Court of the United States. If these are States of our Union, or are retained by us, slavery has ceased, and the three millions of slaves are free. But, if you * That point, Vicksburg, is now in our possession, f That point, Port Hudson, is now taken by us, and the whole Mississippi river held by our Government. 49 acknowledge the Confederate independence, then, these three millions of slaves, so far as England is concerned, are slaves still, and will remain so for ever. To refuse recognition, is to admit the freedom of these slaves to recognize, is to remand them to bondage, so far as England can accomplish that purpose. Nor is this all it is to spread slavery over an almost boundless territory, claimed by the South. It is impossible then to escape the conclu- sion, that, in recognizing the Confederacy, England ranges herself on the side of slavery, and does all she can to maintain and perpetuate it in America. Nor is this all. She violates a great moral rule, and a well settled principle of international law, to main- tain and perpetuate slavery in the South, By the law of Nations, the recognition of national inde- pendence, is the acknowledgment of the fact of in- dependence. But, we. have seen, that the States composing this so called league, are not indepen- dent, but are held, to a vast extent by our army and navy, including two-thirds of their area. Never was independence acknowledged under such circum- stances, except as an act of war. The acknowledg- ment then of the Confederate independence, in the present posture of affairs, is, in fact, a declara- tion of war by England against the United States without cause or justification. It would be so uni- versally regarded in the United States, and would instantly close all dissensions in the North. If any suppose, that> England, without any just cause, 50 should thus strike us with the iron gauntleted hand, and that we will not resist, let the history of the past answer the question. Nor would the union of France, in such an act, change the result, except that nearly all the loss and sacrifice would fall upon England. Including- the slaves and free blacks, there is not a single seceded State, in which an over- whelming- majority of the people are not for the Union. Now, by the Federal Constitution, slaves are mentioned only three times, and then not as slaves, but as "persons" and the Supreme Court of the United States, have expressly decided, that slaves, so far as regards the United States, are per- sons, and not property. Groves versus Slaughter, 15 Peters, 392. All persons, in every State, owe a paramount allegiance to the United States, the re- bel masters, as well as their slaves the Government has a right to their services to suppress the rebellion ; and to acknowledge the independence of the South, is to ignore the existence of the slaves, or to treat them, as the South do, as chattels, and not persons. In acknowledging, then, Southern independence, the independence of the masters, England expressly recognizes the doctrine of property in man. Such a war, proclaimed by England and France against the United States on such grounds, would be a war of their Governments not of their peoples, and could have but one termination. As to our recognition of the independence of Texas, it was long after the de- cisive battle of San Jacinto, when . the Mexican 51 army was destroyed or captured, tog-ether with the President, when by treaty he had acknowledged the independence of Texas, and after the Mexican Government, by accepting- the advantages stipu- lated by their President, had, in fact, and in law, ratified the recognition. It was after all this : when the contest was over, not a Mexican vessel on the coast of Texas, nor a Mexican soldier upon her soil, that we recognized the independence of Texas. The case, therefore, is widely different from the present. Let it be remembered, that we hold, not only the mouth of the Mississippi, its great city, the whole of the west bank of that imperial river, but all the east bank, except two points,* thus dissevering Texas, Louisiana, and Arkansas from the rest of the South. Now the area of these three States, is 373,000 square miles, and that of all the remaining seceded States, 396,000 square miles. In holding then the west bank of the Mississippi, we have severed the great artery of the South, which is death. lleturning from this episode, I resume the narra- tive. We have seen the repudiating Executive message and repudiating Legislative resolutions of Jan. 1842, and their failure to influence the decision of the Court. And now, we approach another act in the drama. The Court having affirmed the Consti- tutionality of the Union Bank bonds, and the act of 1833 having directed their payment ; the Legislature * Both these points now in our possession. of 1844, enacted a new law, in these words "That hereafter, no judgment or decree of any Court of Law or Equity having- jurisdiction of suits against the State^ shall be paid by warrants on the Trea- surer, or otherwise, without an appropriation by law, any former law or usage to the contrary not- withstanding." The "law and usage" were plain, to pay such decrees, as required by the Law and Constitution ; but both were disregarded, and the act of 1833, for all practical purposes, repealed. It remained in part, on the statute book, only to invite to the gambler's game of " odd I win, even you lose 7 ' That is, if, under the act of 1833, there should be a decision in any case in favour of the State, it should be conclusive, but if against the State, the money should not be paid, where (as in the case of these bonds) the Legislature differed from the Court, and had already repudiated its decision. Such was the action of the Legislature in 1842 and 1844. In 1842, it repudiated, in advance, the de- cision of the Court on these bonds, and, after that decision, repealed so much of the law as required the payment of the decrees of the Court. Now, with a full knowledge of these facts, is it not amazing, incredible, that, several years subsequently, Mr. Jefferson Davis should have declared in his first letter of 1849, " By the constitution and laws of Mississippi, any creditor of the State may bring suit against the State, and test his claim as against an individual; but, conscious that they have no 53 valid claim; they have not sought the remedy/' and he repeats this averment, substantially, in his second letter. Now who would have supposed, that more than seven years before the date of Mr. Davis's letters, the highest judicial tribunal of the State, the one designated by the law and the constitution, had already unanimously decided that these bonds were valid, and that the State Legislature, instead of paying the money, had repealed the appropriation. But there came a new Court, all chosen by the peo- ple, under the wretched s}^stem, in many of the States, of an elective judiciary, but unknown to the independent Federal judicial S3^stem. A suit was brought in 1851, under the act of 1833, on one of the Union Bank State bonds and coupons before the Chancellor. After elaborate arg*ument ? the Chancellor decided against the State, and entered a decree for the payment of the money. The State, as authorized by the law, appealed from this deci- sion to its own High Court of Errors and Appeals, elected by the people. Surely, it was supposed, that this new Court, so recently chosen by the people, after the Legisla- tive repudiation, would be governed by a a proper regard for the public interest and public opinion" Before the Chancellor, as well as the High Court, all the objections made by Governor McNutt and Senator Davis were earnestly pressed by the At- torney General of the State and Associate Counsel, but in vain ; the decision of the Chancellor was 54 against the State, and it was unanimously affirmed by the High Court. This case will be found re- ported by the State reporter, Johnson v. the State, April Term, 1853 3rd Cushman, 625 to 882, (257 pages). In this case, the bond sued on is given in the record, and will be found an exact copy of that, (here- tofore quoted ; ) under the original act, which had parsed two successive Legislatures, the principal as well as coupons, being payable in Federal currency. On the reverse side of the bond is the following : " 450. sterling. The President, Directors, and Co. of the Mississippi Union Bank, do hereby designate the agency of the Bank of the United States in London, as the place of pa} T ment of the within bond and interest, and hereby assign and transfer the same for value received to the bearer, principal equal to 450. sterling, and guarantee the payment of the same at the place designated. S. GWIN, Cashier. H. G. EUNNELLS, President. Mississippi State Bond, No. 91. Bedeemable February 25th, 1850." As to the place where the bonds was made payable, there could be no objection, for the original, as well as the supplemental act, gave full authority to make the bonds payable abroad. But, as to the objection, that they were said to be payable in sterling, at the rate of four shillings and sixpence to the pound, the answer was, as shown. 1st. That this was the 55 true rate of exchange. 2nd. That the bond was payable in Federal currency, and this was all the bond holder ever asked from the State. As to the allegation, that the bonds were sold below par, the Court showed most conclusively from the facts, and agreed case, that they were sold above par, and their constitutionality was fully affirmed. The argument of the Attorney General (Glenn) for the State, embraced 3*2 printed pages \ in addi- tion to which, was an elaborate argument by his associate Mr. Stearns. The opinion of Chief Justice Smith embraced 45 pages, the concurring opinion of Justice Yerger 27 pages, and Justice Fisher concurred. The State was not satisfied, but moved for a re-argument, that of Wharton, for the State, embracing 54 pages, and that of Mays, on the same side, 32 pages ; but the Court adhered to their decision, and unanimously affirmed the decree / ^ of the Chancellor against the State. The decision of the Court in the heading of the case, is thus given by the reporter. " The bonds might have been legally issued to the bank, by the Governor on the 5th June, 1838, pursuant to the provision of the original charter of the bank, and the faith of the State pledged for the purpose of raising the capital." " The supplement was not void in consequence of not having been passed in conformity with the provisions of the con" stitution contained in the 7th article, 9th section of that instrument." "The object of the original 56 pledge of the faith of the State, was not changed by the supplemental charter, but it was passed in aid of the original charter." " Campbell v. Union Bank, 6 Howard, 625, cited and confirmed" "The liability of the State, under the operation of the charter of the Bank, attached so soon or whenever the bonds were legally executed to the Bank, and the execution of the mortgages, was neither a con- dition precedent to the pledge of the faith of the State, noivthe condition on which the State bonds were to be executed and delivered." " It does not appear from the facts that the bonds were sold for less than their par value. Held that the sale was neither illegal nor void." " If the commissioners in the sale of the bonds received ' sterling money of Great Britain ? at the rate of four shillings and six- pence to the pound, that is not such an act on their part, as would avoid the bonds." Here then the whole case was again fully decided in 1853 by the very tribunal, to which Jefferson Davis, in 1849, invited the bond holders. And did he or the State, then yield or pay the obligations. Not at all, but they adhered to the repudiation of these bonds, dis- regarded and defied the decision of the Court, and have never paid one dollar of principal or interest, and never will, so long as slavery exists in Missis- sippi. And now, after the almost unanimous passage of the supplemental Act in 1838, the sanction of the Legislature in 1839 and 1841, the decision of the 57 Circuit Court and Chancellor, and of the High Court of Errors and Appeals, how strange is the assertion of Mr. Slidel], that "The Union Bank bonds were issued in direct violation of an express constitutional provision." It is a well settled prin- ciple of American law, so adjudicated by the State Courts, as well as by the Supreme Court of the United States, that, 1st. To authorize the Court to decide that a law is unconstitutional, the repug- nance to the Constitution must be "plain and pal- pable" 2. That the interpretation given by the highest Court of a State, to a State law, or consti- tution, "is conclusive"* But the truth is, as is proved by Mr. SlidelFs own letter, (having never resided in the State), he knew nothing of the sub- ject, or he never would have spoken of Jefferson Davis as " Governor," or alluded to "his adminis- tration/' when he never held that office. But it is of some moment, at least to the unfortunate bond- holders, that the Minister of Jefferson Davis at Paris, avers now, that these bonds are unconstitu- tional. But, Mr. Slidell says, " There is a wide differ- ence between these bonds, and those of the Planters' * The Supreme Court of the "United States, in 2nd Peters, 492, decided that " the judicial department of a State Govern- ment is the rightful expositor of its constitutional law" and the same tribunal has uniformly maintained that such decision is conclusive 5 Or. 22 ; 9 Or. 87 ; 10 Wheat. 152, 454 ; 6 Wheat. 119; 4 Pet. 124; 6 Pet. 291; 8 Pet. 220; 16 Pet. 455; 7 How. 812. E 38 bank, for the repudiation of which, neither excuse nor palliation can be offered." Now, in a subsequent letter, I will prove conclu- sively, from authentic documents, that the State of Mississippi has, most effectually, repudiated those bonds also, and that Jefferson Davis has sustained that repudiation. In the case, also, of another slave holding State, I will prove, from the public documents, that Jef- ferson Davis volunteered to sustain her in the repu- diation of her State bonds, in a case more atrocious if possible, than that of Mississippi. As Jefferson Davis is now at the head of a slave holding- re- bellion, endeavouring- to destroy the Government of my country, and is now also engaged in selling worthless Confederate bonds in this market, I have deemed it my duty to make this publication. E. J. WALKER. NOTE. Since this pamphlet went to press, the supposed menacing message from the Continent, has been officially contradicted. Surety, however, I had a right to conclude, after such solemn assur- ances from a Member to the House, that, although acting in the character of a Confederate messenger, and avowing such ignoble sentiments, he spoke the truth on that point. R. J. W. JEFFERSON DAVIS. REPUDIATION, RECOGNITION AND SLAVERY, LETTER No. II. OF HON. ROBERT J. WALKER, MA. COUNSELLOR AT LAW IN THE SUPREME COURT OF THE UNITED STATES, LATE LAW REP. MI., SENATOR OF THE UNITED STATES, SECRETARY OF THE TREASURY, COMMISSIONER TO CHINA, GOVERNOR OF KANSAS, ETC. ETC. LONDON : WILLIAM RIDGWAY, 169, PICCADILLY. W. 1863. those bonds ? The principal and interest now due on those bonds exceed $5,000,000, ( 1,000,000,) and yet, for a quarter of a century, the State has not paid one dollar of principal or interest. 2. The State, by act of the Legislature (Ch. 17), referred the ques- tion of taxation for the payment of those bonds to the vote of the people, and their decision was ad- verse. As there was no fund available for the pay- ment, except one to be derived from taxation, this popular vote, (to which the question was submitted })y the Legislature,) was a decision of the State for repudiation, and against payment. 3. The State, at one time, (many years after the sale of the bonds), had made them receivable in purchase of certain State land?, but, as this was "at three times its current value," as shown by the Lon- don Times, in its article heretofore quoted by me, this was only another form of repudiation. 4. When a few of the bondholders commenced taking small portions of these lands in payment, because they could get nothing else, the State re- pealed the law, (Ch. 22), and provided no substitute. 5. The State, by law, deprived the bondholders of the stock of the Planters' Bank ($2,000,000), and of the sinking fund pledged to the purchasers for the redemption of these bonds when they were sold by the State. Surely there is here ample evi- dence of repudiation and bad faith. The bonds issued by the State of Mississippi to the Planters' JBank, were based upon a law of the 5 State, and affirmed, by name, in a specific provision of the State constitution of 1832. The State, through its agent, received the money, and loaned it to the citizens of the State, and the validity of these obligations is conceded by Mr. Slidell and Mr. Davis. These bonds were for $ 2,000,000, bearing an in- terest of six per cent per annum, and were sold at a premium of 13i per cent. For those bonds, be- sides the premium, the State received $2,000,000 of stock of the Planters' Bank, upon which, up to 1838, the State realized ten per cent dividends, being- f 200,000 per annum. In January, 1841, the Le- gislature of Mississippi unanimously adopted resolu- tions, affirming the validity of these bonds, and the duty of the State to pay them. (Sen. Jour. 314.) In his message to the Legislature of 1843, Governor Tucker says, " On the 1st of January, 1838, the State held stock in the Planters' Bank for 12,000,000, which stock had prior to that time yielded to the State a dividend of $200,000 per annum. I found also the first instalment of the bonds issued on ac- count of the Planters' Bank $125,000, due and unpaid, as well as the interest for several years on said bonds." (Sen. 3 our. 25.) The Planters' Bank, (as well as the State), by the express terms of the law, was bound for the principal and interest of these bonds. Now, in 1839, Mississippi passed an Act (Acts, ch. 42), " to transfer the stock now held by the State in the Planters' Bank, and invest the same in stock of the Mississippi Railroad Com- pany." By the first section of this act, the Gover- nor was directed to subscribe for $,000,000 of Stock in the Railroad Company for the State, and to pay for it by transferring* to the Company the Planters' Bank Stock, which had been secured to the State by sale of the Planters' Bank bonds. The 10th section released the Planters' Bank from the obligation to provide for the payment of these bonds or interest. Some enlightened members, including Judge Gholson, afterwards of the Federal court, protested against this act as unconstitutional, by impairing the obligation of contracts, and as a fraud on the bond-holders. They say in this protest, " The money which paid " for the Stock proposed to be transferred from the " Planters' Bank to the Mississippi Railroad Com- " pany, was, under the provisions of the charter, " obtained by loans on the part of the State, for the " payment of which, the Stock, in addition to the a faith of the Government, was pledged to the holders ce of the bonds of the State. By the terms of the " contract between the Commissioners on the part " of the State and the purchasers of the bonds, the " interest on the loans is required to be paid semi- " annually out of the semi-annual dividends accruing " upon the said stock; and the surplus of such divi- " dends, after paying the said interest, is to be con- " verted into a sinking fund for the payment and "liquidation of said loans. The bill, as the title " purports, simply provides for the transfer of the " Stock now held by the State in the Planters' Bank, " and that the same shall be invested in the Stock " of the Mississippi Railroad Company, leading* from " Natchez to Canton, which has banking- privileges " to twice the amount of capital stock paid in. The " transferring- of the Stock and dividends to another " irresponsible corporation, and the appropriation of " the same to the construction of a road, is a viola- " tion of and impairing* the obligation of the contract " made and entered into with the purchasers or " holders of the bonds of the State, under a solemn " act of the Legislature. If it should be thought " that a people, composed of so much virtue, honour, latiR. DM** tfM I b Bb ( The Hox, ROBT. J. WALKED, President, assisted by the Horn Freeman H. Morse, the United States' Consul at London, and Gerard Ralston, Esq., of Pennsylvania, the Consul General of Liberia at London. On the right of the Chair were seated the Hon. Charles Francis Adams, the United States' Minister, and Charles L. "Wilson, Esq., and Benj. Moran, Esq., Secretaries of Legation ; and on the left, Geo. Thompson, Esq., J. Snow, Esq., Editor of the " Observer ;" P. MO). Collins, Esq., Consul of the United States at Amour Eivcr, &c. &c. Amongst those present were Hon. Charles Francis Adams, United States' Minister; Charles. L. Wilson and Benj. Moraii* Secretaries of Legation ; Hon. Freeman H. Morse, U. S. Con- sul ; Miss Morse, Hon. Robert J. Walker and Mrs. "Walker, Miss Walker, Robert J. Walker, Juu., Captain Mayne Reed and Mrs. Reed, Miss Weir, Mn and the two Misses Rose^, Kichard Huntiug and Mrs. Hunting, New York; Dr. W. R. Ballard and Mrs. Ballard, ditto ; Geo.- A\ r . Belding and Mrs. Belding, ditto ; E. C. Hall and Lady, ditto ; Wellington Lee, ditto ; C. S. Porter and Mrs. Porter ; Mr. Taylor and Mrs t Taylor; P. M'D. Collins, California; Sewell Warner and Mrs. Warner, Miss M. Warner, Mass. ; B. F. Brown and Mrs. Brown, ditto ; Mr. Henry B.. Adams ; B. F. Fuller, ditto ; J. G. Avery, ditto; E. W. Fox and Mrs. Fox; Z. K. Pnngborri, ditto; F. C. Cross, ditto; Capt. J. C. Hoadley, ditto; Henry Starr and Mrs. Starr, Pa. ; Gerard Ralston, ditto ; A. L. Holley, Conn.; N. A. Lyman, ditto; Charles Cheney -and Mrs. Cheney; A. G. Shaver, ditto; W. J; Valentine, Maine; J. Emmons and lady, ditto ; G. W. Belding and Mrs. Belding, Vermont ; E. H. Hopkins, ditto ; Charles P. Button, ditto ; Charles Churchill and lady, New Jersey ; C. H. McCormick, Chicago; James T. Griffin, ditto; W. E. Broderick and Mrs. Broderick, Maryland ; Alonzo Kimball, New Hampshire ; Geo. R. Cathcart, South Carolina ; Albert Steers, Wisconsin ; Washington Wilkes and lady ; Joshua Nuiin and Mrs. Nunn ; Peter Sinclair ; Edward McDermott and Mrs. MeDennott ; 9 &c. &c. Several English Ladies and Gentlemen were also present. Upon the removal of the cloth, the Hon. EGBERT J. WALKER, as Chairman, introduced the Toasts prepared for the occasion, as follows : 1. The President of the United States. Sis Excellency Mr. Adams, 2. Her Majesty the^ Queen. Introduced with Remarks ly Mr. Walker. 3. The Day. Devoted to thanking God for our victories in the cause of LIBERTY and UNION. George Thompson, 4. The Union. From the Atlantic to the Pacific, from the Lakes to the Gulf, from the Source to the Mouth of the Mississippi, for ever one and inseparable. Z. JC Pangborn. 5. The Emancipation Proclamation, Slavery's Epitaph ; written by the finger of God on the heart of the American President. Son- Freeman H. Morse. 6. The Army and Navy, Immortal champions of freedom, who bleed that our country may live. Copt* Mayne Reid, 7. WASHINGTON, The Man without a Peer. We follow his farewell advice NEVER TO SURRENDER THE UNION. Capt. J. C. Hoadley. 8. The Press. The Tyrant's foe, the People's friend, where it is free, despotism must perish. J. Snow and Washington Wilke. 9. The Ladies. Our Sweethearts, Wives, Mothers, Daughters, Sisters, Friends. Their holy influence will break all chains but those which bind our hearts to them. 9 THE HON. K. J. WALKER, as Chairman, then said : Ladies and Gentlemen, by the request of my countrymen, I shall preface the toasts pre- pared for the occasion by a few introductory re- marks. This day has been set apart by the Presi- dent of the United States for thanksgiving- to Al- mighty God for all the blessings which He has vouchsafed to us as a people. Among* these are abundant crops, great prosperity in all our indus- trial pursuits, a vast addition, even during- the war, to our material wealth, and augmented immigration to our shores from Europe. Our finances have been conducted with great ability and success by the Se- cretary of the Treasmy, Mr. Chase, who has also succeeded in giving us, for the first time in our his- tory, a uniform national currency, which, as a bond of union, and as an addition to our wealth and re- sources, is nearly equal to all the expenses of the great contest (loud cheers for Mr. Chase). During the present year, nearly 400,000,000 dollars of the Six per cent. Stock of the United States has been taken at home, at or above par* whilst within the last few months, European capital- ists, unsolicited by us, are making large invest- ments in the securities of the Union. But, above all, we have to thank God for those victories in the field which are bringing* this great contest to a successful conclusion. This rebellion, is, indeed, the most stupendous in history. It absorbs the at- tention, and affects the political institutions and material interests of the world. The armies en- 10 gaged exceed those of Napoleon. Death never had such a carnival ; and each week consumes millions of treasure. Great is the sacrifice, but the cause is peerless and sublime (cheers). If God has placed us in the van of the great contest for the rig-Jits and liberties of man if He has assigned us the post of danger and of suffering, it is that of unfading glory and imperishable renown (loud cheers). The ques- tion with us, which is so misunderstood here, is that of national unity (hear, hear), which is the vital ele- ment of our existence j and any settlement which does not secure this, with the entire integrity of the Union and freedom throughout ail its borders, \viil be treason to our co.untry and to mankind (loud cheers). To acknowledge the absurd and anarchical doctrine of secession, as is demanded of us here, to abdicate the power of self-preservation, and permit the Union to be dissolved, is ruin, disgrace, and sui- cide. There is but one alternative ; we must and will fight it out to the last (loud and prolonged ap- plause). If need be, all who can bear arms must take to the field, and leave to those who cannot the pursuits of industry (hear, hear). If we count not the cost of this contest in men or money, it is be- cause all loyal Americans believe, that the value of our Union cannot be estimated (hear, hear). If martyrs from every State, from England, and from nearly every nation of Christendom have fallen in our defence, never, in humble faith we trust, has any blood since that of Calvary, been shed in a cause so holy (cheers). 11 Most of the rebellions which have disturbed or overthrown Governments, have been caused by oppression on their part. Such rebellions have been the rising 1 of the oppressed against the oppressor ; but this rebellion was caused exclusively by slavery (cheers). To extend and perpetuate and nationalise slavery, to demand of the American Congress the direct and explicit recognition of the right of pro- perty in man, to cover the whole vast territory of the Union with chattel servitude, to keep open the interstate slave trade between the border and the Cotton States, to give the institution absolute mastery over the Government and people, to carry it into every new State by fraud and violence and forgery, as was exemplified in Kansas, and then, as a final result, to force it upon every free State of the Union, these were the objects conceived by those who are engaged in this foul conspiracy to dissolve the American Union (cheers). I have said that the American Union never will be dissolved (loud and continued cheers). This was the advice of the peer- less Washington, the father of his country, in his farewell address, and this was the course of the immortal Andrew Jackson, when he suppressed the Carolina rebellion of 1833, by coercion and a Force Bill. The American Union is the great citadel of self-government, entrusted to our charge by Pro- vidence j and we must defend it against all assail- ants, until our last man has fallen. This is the cause of labour and humanity, and the toiling and 12 disfranchised masses of the world feel that their fate is involved in the result of our struggle. In England especially, this feeling on the part of the Avorking classes has been manifested in more than one hun- dred meetings, and the resolutions in favour of the Union, passed by the operatives of Manchester, who were the great sufferers from this contest, indicate a sublimity of feeling, and a devotion to principle on the part of these noble martj'rs, which exalts and dignifies the character of man (cheers). The work- ing classes of England, of France, and of Germany, who are all with us, in case of foreign intervention, must have constituted the armies that would have been taken to our shores to make war upon the American people. The men who are for us would have been transported across the ocean to fight against us in the cause of slavery and for the degradation of labour. Can there be any doubt as to the result of such a conflict ? It is now quite certain that this rebellion will receive no foreign aid; but if any European despot or usurper had thus intervened, and sent his myrmidons to our shores, the result, though it might have been pro- longed, would have been equally certain he would have lost his crown and destroyed his dynasty (cheers) ; our whole country would have been a camp ; we should have risen to the magnitude of the contest, and all who could bear arms would have taken the field. AVe know, as Americans, that our national unity is the essential condition of our exist- 13 ence. Without it we should be disintegrated into sections, states, counties, and cities ; and ruin and anarchy would reign supreme (cheers). No, the Lakes can never be separated from the Gulf, the Atlantic from the Pacific, the source from the mouth of the Mississippi, nor the sons of New England from the homes of their kindred in the great West (cheers). But, above all, the entire valley of the Mississippi was ordained by God as the residence of a united people. Over every acre of its soil, and over every drop of its waters, must for ever float the banner of Union (loud applause), and all its rivers as they roll on together to the Gulf proclaim that " what God has joined together man shall never put asunder" (loud cheers). The nation's life blood courses this vast arterial system, and to sever it is death. No line of latitude or longitude shall ever separate the mouth from the centre or sources of the Mississippi. All the waters of the imperial river, from their mountain springs and crystal fountains, shall ever flow in commingling currents to the Gulf, uniting-, evermore, in one undivided whole, the blessed homes of a free and happy people. This great valley is one vast plain without an intervening mountain, and can never be separated by any line but that of blood, to be followed surely by military despotism. No ; separation by any line is death ; disunion is suicide. Slavery having made war upon the Union, the result is not doubtful. Slavery will die (cheers). Slavery having selected a traitor's position, will meet a traitor's doom (loud cheers). 14 The Union will still live. It is written by the finger of God, on the scroll of destiny, that "neither principalities nor powers" shall affect its overthrow, nor shall "the grates of hell prevail against it." But what as to the results? It is said that we have accomplished nothing; and this is re- echoed every morning 1 by the pro-slavery press of England. We have done nothing- ! Why. we have conquered and now occupy two-thirds of the entire territory of the South, an area far larger (while overcoming a greater resisting* force) than that traversed by the armies of Caesar or Alexander. The whole of the Mississippi river, from its source to its mouth, with all its thirty thousand miles of tri- butaries, is exclusively ours (cheers). So is the great Chesapeake Bay. Slavery is not only abolished in the Federal district, containing 1 the capital of the Union, but in all our vast territorial domain, comprising* more than eight hundred millions of acres, and nearly half the size of all Europe. The four slave-holding States of Delaware, Maryland, Kentucky, and Mis- souri, are devotedly loyal, and thorough^ sustain- ing* the Union. And how as to Virginia? Why, all the counties of Virginia east of the Chesapeake are ours ; all that vast portion of eastern Virginia, north of the liappahannock, is ours also. But still more, all that great territory of Virginia, from the mountains to the Ohio, is ours also; and not only ours, but, by the overwhelming voice of her people, has formed a State Government. By their own votes they have abolished slavery, and have been admitted as one of the Free States of the American Union (loud cheers). And where is the great giant state of the west Missouri ? She is not only ours, but, by an overwhelming- majority of the popular vote, carried into effect by her constitutional convention, has provided for the abolition of slavery, and enrols herself soon as one of the Free States of the American Union (cheers). And now, as to Maryland. The last steamer brings us the news of the recent elections in Maryland, which have not only sustained the Union, but have sent an overwhelming* majority to Congress and to the State Legislature in favour of immediate emancipation, and Delaware adopts the same policy (loud applause). Tennessee is also ours. From the Mississippi to the Cumberland and Tennessee rivers, from Knoxville, in the moun- tains of the East, to Nashville, the capital, in the centre ; and Memphis, the commercial metropolis, in the West, Tennessee is wholly ours. So is Arkansas. So is Louisiana, including the great city of New Orleans. So is North Alabama. So is Western Texas. So is two-thirds of the State of Mississippi ; and now the Union troops hold Chattanooga, the great impregnable fortress of North-Western Georgia. From Chattanooga, which may be regarded as the great geographical central pivot point of the rebellion, the armies of the Ke- public will march down through the heart of Geor- gia, and join our troops upon the seaboard of that state, and thus terminate the rebellion (loud cheers). 16 Into Georgia and the Carolinas, nearly half a mil- lion of slaves have been driven by their masters in advance of the Union army. From Virginia, from Kentucky, Missouri, Arkansas, Louisiana, Missis- sippi, Tennessee, and North Alabama, thousands of their slaves have been driven and huddled together in the two Carolinas and Georgia ; because, if they had been left where they were, they would have joined the Northern armies. They preferred to be freemen rather than slaves; they preferred to be men and women rather than chattels ; they preferred freedom to chains and bondage; and just so soon as that Union army advances into the Carolinas and Georgia, will the slaves rush to the standard of free- dom, and fight as they have fought with un- daunted courage for liberty and the Union (loud applause). But how is it with the South ? Why, months ago, they had called out, en masse, all who were capable of bearing arms. They have raised their last army* And how as to money ? Why, they are in a state of absolute bankruptcy. Their money, all they have, that which they call money, according* to their own estimation, as fixed and taken by themselves, one dollar of gold purchases sixteen dollars of Confede- rate paper, which must soon cease to circulate at any rate. The price of flour is now 100 dollars a barrel, and other articles in like proportion. No re- venue is collected, or can be. The army and the Government are supported exclusively by force, by seizing the crops of farmers and planters, and using 17 them for the benefit of the so-called Confederate Go- vernment Starvation is staring- them in the face. The collapse is imminent, and, so far as we may venture to predict any future event, nothing- can be more certain than that before the closing* of the coming- year the rebellion will be brought entirely to a close (hear, hear). We must recollect, also, that there is not a single State of the South, in which a large majority of the population (including- the blacks) is not now, and always has been, devoted to the Union. Why, in the State of South Carolina alone, the blacks, who are devoted to the Union, ex- ceed the whites more than 100,000 in number. The recent eletions have all gone for the Union by over- whelming- majorities, and volunteering for the army progresses with renewed yig-our. For all these blessings the President of the United States invites us to render thanks to Almighty God. Our cause is that of humanity, of civilisation, of Christianity. We write upon our banners, from the inspired words of Holy Writ, " God has made of one blood all the nations of the earth." We acknowledge all as brothers ; we invite them to partake with us alike in the grand inheritance of freedom ; and we repeat the Divine sentiment from the sermon on the Mount, " Do unto others as you would have them do unto you" (loud cheers). Nor let it be supposed that we, as Americans, are entirely selfish in this matter. We believe that this union is the most sacred trust ever confided by Almighty God to man. We believe u 18 that this American Union is the best, the brig-litest, the last experiment of self-government, and as it shall be sustained and perpetuated, or broken and dissolved, the light of liberty shall beam upon the hopes of mankind, or be for ever extinguished, amid the scoffs of exulting* tyrants, and the groans of a world in bondage (loud applause). All nations and ag'es will soon acknowledge that, in this contest, we have made greater sacrifices of blood and treasure in the cause of human freedom than was ever before recorded in history. We will have suppressed the most gigantic and the most wicked rebellion, a task that could have been accomplished by no other Go- vernment. We have succeeded, because our institu- tions rest on the broad basis of the affections, the interests, and the power of the people. No other nation could bring' a million of volunteers to the field (loud cheers), and millions more would come if necessary. As a result of this war, we will extin- guish slavery, we will perpetuate and consolidate the Union, we will prove that man is capable of self- government, and secure the ultimate ascendancy of free institutions throughout the world. This, there- fore, is a day in which all humanity may unite with us in the hymn of praise, and the toiling millions of the earth join with us in fervent thanksgiving- to Al- mighty God for the approaching redemption of our race from slavery and oppression (loud and long continued cheering and applause). Thanking you, Ladies and Gentlemen, for the 19 kind indulgence with which you have been pleased to receive these remarks, I will now proceed to the toasts which have been prepared for the occasion. Ladies and Gentlemen, the first toast will be " The President of the United States/ 7 under whose pro- clamation we are this day convened. Before asking 1 you to drink to that toast, I would say that we are honoured by the presence this evening of his Excel- lency the American Minister, Mr. Adams, who will reply to this sentiment (prolonged applause). This is a name for a century, and during three genera- tions most honourably and conspicuously connected with the cause of our country and of human liberty. The grandfather and father of our American Minis- ter, were each elevated to the Presidency of the United States by the votes of the American people. The first, the illustrious John Adams, moved, in 1776, the declaration of American independence, and supported that motion by an immortal and most eloquent address. He was the successor of the peerless Washington as President of the United State. The second, John Quiricy Adams, eminent for courage, for integrity, for opposition to slavery, for devotion to the cause of liberty, for learning, science, eloquence, diplomacy, and statesmanship, was the successor of President Munroe. His son, our honoured guest, inheriting the great qualities and noble principles of an illustrious ancestry, will respond to the first toast, "The President of the United States." The toast was drunk amid the most 20 enthusiastic applause. Three cheers for the Presi- dent, called for by Mr. Walker, were given most enthusiastically. Mr. ADAMS, the American Minister, in acknow- ledging- the toast, said : I thank you for the honour you have done me by calling 1 upon me to respond to the toast of the President of the United States. Of late years we have rather got out of the habit of giving any great amount of laudation to the President of the United States. There may have been causes for that which you will all understand ; but I will say that with respect to our good Chief Magistrate, he has not had himself any such great amount as would be likely to turn his head (laughter) not half so much, Mr. Chairman, as you have been kind enough to shower upon me this evening. On the contrary, it has become the practice of our people generally to hold the President responsible for any mistake that is committed by anybody, and every misfortune that happens at any time. There is hardly a single act that he does against which somebody is not found to carp. Even with respect to this proclamation, asking us to have a thank sgiving'-day, I have seen it somewhere remark- ed, that it was a most extraordinary thing that when there seemed to be nothing but calamity in the United States, when there was an immense loss of life going on, great destruction of property, and painful distress in all classes, the President should 21 take this occasion to call upon his fellow citizens to give thanks to God. It seemed to indicate either great moral obtuseness, or else a savage, vindictive feeling of joy over the distress of the people whom he was trying to subject. Now, Mr. Chairman, it is to this point that I propose to address the few remarks I mean to make to you this evening. I am perfectly willing* to concede that this is a time of great calamity. I believe that the great majority, indeed almost all of our people ir America, feel that it is a calamity which they would gladly have avoided if the} 7 could ; but that the\ r have been obliged to view it as much a necessary evil as if it had been an earthquake or an inunda tion. It was an affliction which they could not avoid. Under these circumstances, all that they could do was to apply themselves as quickly as pos- sible to the perfection of a remedy and a restoration. This could only be done through perseverance in the war (hear, hear). But we are asked, what is the precise blessing* for which we are at present to give God thanks? In order to get something like a correct idea of this matter,, it will be necessary for me to recall to your minds, as briefly as possible, the course of events since the time when the President came into office. 1 scarcely need say to 3 T ou, what I believe is perfectly well known to every one, that that gentleman came to his post with less of practical experience in Government than any indi- vidual had done since the foundation of the Govern- ment (cheers). He came into office at a time of the greatest difficulty and danger which had occurred since the establishment of that office (cheers). He, as you will all recollect, found himself occupying a position in which all the portions of the edifice of Government seemed crumbling around him. Why, it was exceedingly doubtful, whether the President would be able to arrive at the place where he could assume the performance of his duties. It was only by a little contrivance that he succeeded in defeating the plot which had been formed, for the seizure of his person, thus to disable the country from arriving at the Constitutional organisation of the Executive Department (cheers). He came to Washington, and was qualified as President. But President of what ? He looked around him on all the branches of the departments of the Executive Government, and everything seemed to be shaking* . about them. He looked to the organisation upon which he was to depend for action, and he found that wherever he touched, it was unsound to trust. So ingeniously had the poison of rebellion been dis- seminated through all the ramifications of the Govern- ment, that treachery wag cropping out every where (cheers). He bad to begin by a thorough scrutiny of men, from those occupying the uppermost seats down to almost the lowest place. There was a neces- sity for a searching reform, by which the lurking* not less than the overt treason and treachery were to be eliminated from the executive machinery (cheers). That work has now been done ( cheers). The Government in its position at Washington is 23 now safe, and is served faithfully (cheers). Is not this something 1 to be thankful for ? (cheers). Is not this something- for which we have a right to echo the President's appeal to us to meet tog-ether, and to be thankful for upon this occasion ? (cheers). But that was not by any means the worst point. The President looked upon the foreign depart- ment of his Government, and when he cast his eyes abroad there was to be found scarcely an indi- vidual in the foreig-n service who sympathised with him in his feeling's or his difficulties. Nay, more, there was, with a few honourable exceptions, scarcely a person who was not practically disseminating distrust of the Power under which he was serving- (cheers). Not a few persons produced a considerable effect in almost every country of Europe in creating that sentiment which became prevalent, that the com- plete subversion of the old system was at hand and that a new one was inevitable. I have a little anecdote in connection with this subject to tell you. Very shortly after the election of Mr. Lincoln he did me the honour to designate me as the individual to come out and represent the country at this Court. I came out as soon as I could. I got here in about two months after the inauguration of the President. On rny arrival the first news which met me was, that three " distinguished commissioners/' as the newspapers called them, had come out from the rebel authorities, and were at that time in London. I had the pleasure of learning also that 24 these commissioners had confidently announced among- their friends, that before I should reach London the Government and capital of Wash- ing-ton would be in their hands ; consequently I should stand no chance of being- recognised by the British Government as the representative of the United States (cheers and laug-hter). This is sim- ply a specimen of the mode in which that class of persons laboured throughout Europe, and not without effect. And it has taken all the time from that day to this to inspire the different Governments of Europe with a tolerable share of confidence in our intentions to remain the Government of the United States (cheers). Now, Mr. Chairman, I think we have got so far, that I begin to feel as if I could assure you that they have seen reason to modify their views of the condition of that Goverment (cheers). If after three years this chang*e has taken place, I ask, have we not something- to thank God for ? Is it not a fit occasion to meet and rejoice in this restoration ? But let me g-o a step further. When the President looked upon the Treasury, he found that so ingeniously had the individuals laboured in the preceding Administration, many high in office were conspiring to destroy the United States, to undermine the credit of the country, that it was with great difficulty some of the moneyed men could be persuaded to come forward to loan the Government a small sum of money to enable it to go on, until the time of taking his post. There probably never 25 was a time in its whole history, when the national credit had heen so much shaken ; and that by the machinations of those who had been its secret enemies. The President had to reorganise credit by re-establishing- the foundations of it in the integrity of the administration of the Treasury. He did so. What has been the result? From that degree of feebleness when confidence in a government promise seemed to be shaken almost beyond repair, the people have gradually increased in faith, until they now daily rush in swarms, volun- tarily to offer their money to the Government in exchange for the obligations which they are anxious to obtain (cheers). Is not that something to be thankful for ? Let me go a step further. When this war broke out, the President looked around to see where was his military organisation upon which he had to rely for the support of his coercive mea- sures. He found here too, that so vigorously had treason worked itself through all the affiliations of the military organisation, that there was not one man out of three who could be trusted. He found one set who were, and who ultimately declared themselves traitors. He found another set who were not traitors, but so timid and lukewarm, as scarcely to know whether they would, or would not support the Government. He found still another set who had been in service so long*, and had arrived at such an age that, however excellent their disposi- tion and capacity were, they could riot well be relied 26 upon in the field on account of physical disability. That was the state of the organisation which he had got to begin a gig-antic war with. I do not believe that in the whole history of the world a greater undertaking was ever assumed by an indi- vidual who had no experience in such matters. He had to reorganise an army on a scale of half a million of men upon the narrow basis which was thus left to him to operate upon (cheers). At the outset, as you all know, he met with difficul- ties of all kinds. He had to try numbers, and a great many failed. But look at the organisation as it exists now, and compare it with what it was at the beginning, and }'ou will see that by patience, and perseverance and fidelity to his dut^y, he has got you an army which will carry you through (loud cheers). There are no men now in the army whom you are obliged to mistrust (hear, hear). There are no men who you suspect may betray all your move- ments to the Rebels. Is not this a result for which we are ready now to give thanks ? (applause). Let us turn for a moment from that side of the picture to the other side the navy. The navy was of most essential importance to the Government at the be- ginning of the war. When the President looked after his navy, he found that some ships had to be destroyed to save them from treacherous abandon- ment, and the rest had been sent a way as far over the globe as they could g*o. He had to restore the whole system almost from its foundation. He had O7 w i to go through the same process as that he had applied to the army, to build ships, to reorganise the bureaux ; in short to place the navy on a footing that it had never stood before. It has taken two short years, and a little more, to do all this, and we have now a navy both in numbers and power which will make the United States, you may depend on it, respected upon every sea in any part of the globe (loud cheers). And is not this something- to be thankful for '? Thus, on a review of all the different departments of the Exe- cutive Government, you will see that the destiny of this President, who had no experience when he began, was to reorganise, rebuild, and restore the whole system from its foundation. But this is not all. There was one question which had baffled all attempts ever to reach a solution to it, and which, I, for one, will frankly admit, I looked on as one almost impossible to dispose of with success. I need not say that I allude to the great question of the condition of the Slaves. Much as we all had dis- cussed it for years, we had never had presented to us from any source a practicable mode of dealing with it. When it came simply to Emancipation, the people throughout the United States were utterly incredulous that there could be devised any plan of effecting it which would not lead to blood- shed and ruin throughout the whole region in which they dwelt. It was the great argument against doing anything at all. It was said to be impos- 28 sible to hope for any issue that would not in- volve the destruction of all classes within its reach. Now the great and crowning' act of the ad- ministration of this President is, that in two distinct measures he has opened a way to a practical result which we all supposed could not he found (cheers). The Proclamation, and the en- listment of negroes as soldiers, are the two great instruments by which emancipation, without revolu- tion, will be carried out (cheers). And here we are now, at the end of two years and a half, having made slow, but regular, progress in this movement until it has taken shape distinctly before us so that we can forsee the ultimate issue. Have we not in all this something to be thankful for ? And have we not a right to meet together at the call of our President, and, looking back to our difficulties to bless God that they are diminished to the extent we now see them ? (loud cheers). But you are all aware that one of the great difficulties incident to this change has been the fear o that the people would not sanction it ; and when the President first enunciated his propositions they were denounced at once as the weakest and wickedest of measures. There were even indications, at one time, that the opposition would go so for as seriously to impair the energy of the Government in executing the policy. Last year, at this time, there was an expression of popular sentiment which looked ad- versely ' } but another year has since passed. The 29 system has in the interval had a chance of being- carried out to its practical development, and lo, and behold, the great body of people, having- watched the result^ have joined together as with one voice, almost from one end of the country to the other, rallied in favour of sustaining that policy (applause). And is not this something to be thankful for ? Let us, then, recapitulate what is our present position, and what it was when this inexperienced President first took office. Then the Government was almost disintegrated. Now it is solid, able to act through honest agents, faithful men, working with vigour and effect whenever and however it pleases (cheers). Then the people were staggered in their confidence in the country and the President. Now the Presi- dent has all the departments of his Government faithful to him, and to the constitution. The people have rallied round the Government, and maintained the policy of the President. They have money, they have men, and they have ideas which they mean to establish as the only true and successful conclusion of the struggle. Is not this something to be thankful for ? (cheers). We stand now firmly, having every reliance that the Govern- ment is able, and the people willing, to go through this trial triumphantly (cheers.) And all this change has been effected through the agency of a President, who came into power with less practical political experience than any one man preceding him (hear, hear). And how has this been done ? Has it been by any superior genius on the part of the President ? 30 Not at all. The President has shown ability and capacity, hut not above that of most of his prede- cessors. What is the reason, then, why he has succeeded in all these results? I will tell you the reason. He has succeeded because he has, from the beginning- to the end, impressed upon the people the conviction of his honesty and fidelity to one great purpose. (Loud cheers.) I therefore say, Mr. Chairman, in conclusion, that for these reasons I have to thank you for having 1 enjoyed the oppor- tunity of expressing these sentiments as an echo to the toast of the health of the President of the United States. (His Excellency resumed his seat amidst the gTeatest applause.) THE CHAIRMAN (Mr. Walker). Ladies and Gentlemen, the next toast is one to which 1 trust every friend of constitutional freedom, every lo} urther enacte ^ That the Comptroller of the Currency, with the approval of the Secretary of the Trea- sury, shall devise a seal, with suitable inscriptions, for his office, a description of which, with a certificate of approval by the Secretary of the Treasury, shall be filed in the office of the Secretary of State with an impression thereof, which shall thereupon become the seal of office of the Comptroller of the Sealed instru- Currency, and the same may be renewed when necessary. ments evidence Every certificate, assignment, and conveyance executed by the Comptroller, in pursuance of any authority conferred on him by law, and sealed with his seal of office, shall be received in evidence in all places and courts whatsoever ; and all copies of papers in the office of the Comptroller, certified by him and authenticated by the said seal, shall in all cases be evidence Impression equally and in like manner as the original. An impression of of seal. such seal directly on the paper shall be as valid as if made on wax or wafer. Office for the SEC. 3. And be it further enacted, That there shall be as- tieaTur "' ** signed to the Com P troller of <* e Currency by the Secretary of Treasury suitable rooms in the Treasury building for conduct- ing the business of the Currency Bureau, in which shall be safe and secure fire proof Vaults, in which it shall be the duty of the Comptroller to deposit and safely keep all the plates and other valuable things belonging to his department ; and the Comptroller shall from time to time furnish the necessary fur- niture, stationery, fuel, lights, and other proper conveniences for the transaction of the said business. U. 8. bonds SEC. 4. And be it further enacted, That the term " United denned. States bonds," as used in this act, shall be construed to mean all coupon and registered bonds now issued, or that may here- after be issued, on the faith of the United States by the Secre- tary of the Treasury in pursuance of law. Associates SEC. 5. And be it further enacted, That associations for not K-*s thnn carrv i n g on the business of banking may be formed by any number of persons, not less in any case than five. Preliminary ec fi ^ nd j je ^ farther enacted, That persons uniting to certificate re- /. , , j ,, i j i , quired, and * orrn sucn an association shall, under their hands and seals, what to contain, make a certificate which shall specify Name. First. The name assumed by such association. Place of busi- Second. The place where its operations of discount and ness. deposits are to be carried on ; designating the State, Ter- ritory, or district, and also the particular city, town, or village. Third. The amount of its capital stock, and the number of Capital stock, shares into which the same shall be divided ; which capital stock shall not be less than fifty thousand dollars ; and in cities whose population is over ten thousand persons, the capital stock shall not be less than one hundred thousand dollars. Fourth. The names and places of residence of the share- Names, &c. of holders, and the number of shares held by each of them. shareholders. Filth. The time when such association shall commence. Sixth. A declaration that said certificate is made to enable General de- such persons to avail themselves of the advantages of this act. claration ' The said certificate shall be acknowledged before a judge of Certificate to some court of record or a notary public, and the ackuowledg- be ^ c now ~ ment thereof, certified under the seal of such court or notary, and shall be transmitted, together with a copy of the articles of association which shall have been adopted, to the Comp- troller of the Currency, who shall record and carefully preserve the same in his office. Copies of such certificate, duly certified Certified by the Comptroller, and authenticated by his seal of office, copies to be shall be legal and sufficient evidence in all courts and places evidence ' within the United States, or the jurisdiction of the government thereof, 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. And be it further enacted, That at least thirty per How capital centum of the capital stock of such association shall be paid 8to .^ k . must be in at the time of the commencement of its banking business, P and the remainder of the capital stock of such association shall be paid in instalments of at least ten per centum each on the whole amount to which the association shall be limited, as fre- quently as one instalment at the end of each succeeding two months from the time of the commencement of its banking operations, until the whole of the capital stock shall be paid in. SEC. 8. And le it further enacted, That if any shareholder, Proceedings or his assignee, shall fail to pay any instalment on the stock a g ainst delm- when the same is required by the foregoing section to be paid, 2okU;r8 & the directors of such association may sell the stock held by such delinquent shareholder, at public auction, having given three weeks' previous notice thereof in a newspaper published and of general circulation in the city where the association is located, if the same be located in a city, and if not so located, then in a newspaper printed, or of general circulation, in the county where the same is located, to any person who will pay the highest price therefor, and not less than the amount then due thereon, with the expenses of advertisement and sale ; and the excess, if any, shall be paid to the delinquent shareholder. If iio bidder can be found who will pay for such stock the amount due thereon to the association, and the costs of adver- tisement and sale, the amount previously paid shall be forfeited to the association, and such stock may subsequently be sold as the directors may order. Comptroller SEC. 9. And le it further enacted, That whenever a certifi- to be notified cate sna il nave ^ een transmitted to the Comptroller of the stock'paiTin Currency, as provided in this act, and the association trans- mitting the same shall notify the Comptroller that at least thirty per centum of its capital stock has been paid as afore- said, and that such association has complied with all the pro- visions of this act required to be complied with before such association shall be authorized to commence the business of banking, and that such association is desirous of commencing Proceedings such business, the Comptroller shall immediately proceed, in of Comptroller sucn ma nner as he shall by general rules prescribe, to examine lpt f tne condition of such association; to ascertain especially the amount of money paid in on account of its, capital stock ; 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 bonafide owner, and generally whether such association has complied with all the requirements of this act to entitle it to engage in the business 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 deter- mine whether such association is lawfully entitled to commence the business of banking under this act. Proceedings SEC. 10. And be it further enacted, That if, upon a careful continued. examination of the facts so reported, and of any other facts which may come to the knowledge of the Comptroller, whether by means of a special commission appointed by him for the purpose of inquiring into the condition of such association, or otherwise, it shall appear that such association is lawfully Certificate of entitled to commence the business of banking, the Comptroller authority to s hall give to such association a certificate under his hand and official seal, showing that such association has complied with all the provisions of this act required to be complied with before being entitled to commence the business of banking under it, and that such association is authorised to commence said busi- Publication ness accordingly ; and it shall be the duty of such association of certificate, to cause said certificate to be published in some newspaper, published in the city or county where such association is lo- cated for at least sixty days next after the issuing thereof: Provided, That if no newspaper is published in such city or county, such certificate shall be published as the Comptroller of the Currency shall direct. SEC. 11. And be it further enacted, That every association Corporateor- formed pursuant to the provisions of this act may make and gradation and use a common seal, and shall have successsion by the name hrmtatlon - designated in its articles of association and for the period limited therein, not, however, exceeding twenty years from the passage of this act ; by such name may make contracts, sue and be sued, complain and defend in any court of law or equity as fully as natural persons, and may make by-laws, approved by the Comptroller of the Currency, not inconsistent with the laws of the United States or the provisions of this act, for the election of directors, the management of its property, the re- gulation of its affairs, and for the transfer of its stock ; and shall have power to carry on the business of banking by ob- taining and issuing circulating notes in accordance with the Banking pri- provisions of this act ; by discounting bills, notes, and other vileges confer- evidences of debt ; by receiving deposits ; by buying and selling red< gold and silver bullion, foreign coins, and bills of exchange ; by loaning money on real and personal security in the manner specified in their articles of association for the purposes author- ized by this act, and by exercising such incidental powers as shall be necessary to carry on such business ; to choose one of Officers, their number as president of such association, and to appoint a cashier and such other officers and agents as their business may require ; and to remove such president, cashier, officers, and agents at pleasure, and appoint others in their place ; and their usual business shall be transacted in banking offices ne ^ located at the places specified respectively in its certificate of n< association, and not elsewhere. SEC. 12. And be it further enacted, That the shares of as- Shares per- sociations formed under this act shall be deemed personal 80nal property, property, and shall be transferable on the books of the asso- J nd l ow tran8 " i i i i i t -i lerreu. elation in such manner as may be prescribed in the by-laws or articles of association ; and every person becoming a share- holder by such transfer shall, in proportion to his shares, succeed to all the rights and liabilities of the prior holder of J* bt * . f such shares ; and no change shall be made in the articles of l $ ( l association by which the rights, remedies, or security of the existing creditors of the association shall be impaired. For individual all debts contracted by such association for circulation, deposit, lubilitit* " of or otherwise, each shareholder shall be liable to the amount, shareholders, at their par value, of the shares held by him in addition to the amount invested in such shares. SEC. 13. And be it further enacted, That it shall be lawful Capital stock, for any association formed under this act, by its articles of h w inci eased, association, to provide for an increase of its capital from time to time as may be deemed expedient, subject to the limitations of this act ; but no such increase shall be valid until the in- creased capital shall be paid in and notice thereof shall have been transmitted to the Comptroller of the Currency, and his certificate obtained specifying the amount of such increase of capital stock, and that the same has been duly paid to such association. What real SEC. 14. And le it further enacted, That it shall be lawful estate mny be f or anv sucn association to purchase, hold, and convey real estate as follows: First. Such as shall be necessary for its immediate accom- modation in the transaction of its business. Second. Such as shall be mortgaged to it in good faith by way of security for loans made by such association, or for moneys due thereto. Third. Such as shall be conveyed to it in satisfaction of debts previously contracted in the course of its dealings. Fourth. Such as it shall purchase at sales under judgments, decrees, or mortgages held by such association. Such association shall not purchase or hold real estate in any other case or for any other purpose than as specified in this section. U. S. bonds SEC. 15. And le it further enacted, That every association, to be deposited. a f ter h av j n g complied with the provisions of this act prelimi- nary to the commencement of banking business under its pro- visions, shall transfer and deliver to the Treasurer of the United States any United States bonds bearing interest, to an amount not less than one third of the capital stock paid in, 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 otherwise disposed of, in pursuance of the provisions of this act. Notes forcir- SEC; 16. And be it further enacted, That upon the making culation, of any such transfer and delivery, the association making the same shall be entitled to receive from the Comptroller of the Currency circulating notes of different denominations, in blank Ninety per registered and countersigned as hereinafter provided, equal in cent of bonds amount to ninety per centum of the current market value of deposited. the United States bonds so transferred and delivered, but not exceeding the par value thereof, if bearing interest at the rate of six per centum, or of equivalent United States bonds bear- ing a less rate of interest ; and at no time shall the total amount of such notes, issued to any such association, exceed the amount at such time actually paid in of its capital stock. Limitation of SEC. 17. And be it further enacted, That the entire notes supplied amount of circulating notes to be issued under this act shall to 300,000,000 not cxcee( j ( nree hundred millions of dollars. One hundred dollars. and fifty millions of which sum shall he apportioned to asso- ciations in the States, in the District of Columbia, and in the Territories, according to representative population, and the remainder shall be apportioned by the Secretary of the Trea- Apportion- sury among associations formed in the several States in the ment of notes - District of Columbia and in the Territories, having due regard to the existing banking capital, resources, and business, of such States, District and Territories. SEC. 18. And be it further enacted, That, in order to fur- Comptroller nish suitable notes for circulation, the Comptroller of the to prepare and Currency is hereby authorized and required, under the direc- furnl tion of the Secretary of the Treasury, to cause plates to be engraved, in the best manner to guard against counterfeiting and fraudulent alterations, and to have printed therefrom and numbered, such quantity of circulating notes, in blank, of the denominations of five dollars, ten dollars, twenty dollars^ fifty Denomina- dollars, one hundred dollars, five hundred dollars, and one tions defined, thousand dollars, as may be required to supply, under this act, the associations entitled to receive the same ; which notes shall express upon their face that they are secured by United States bonds, deposited with the Treasurer of the United States and issued under the provisions of this act, which statement shall be attested by the written or engraved signatures of the Treasurer and Register, and by the imprint of the seal of the treasury ; and shall also express upon their face the promise of the association receiving the same, to pay on demand, attested by the signatures of the president or vice-president Signature of and cashier ; and the said notes shall bear such devices and president and such other statements, and shall be in such form, as the cash ier. Secretary of the Treasury shall, by regulation, direct. SEC. 19. And be it further enacted, That the plates and Care and con- special dies to be procured by the Comptroller of the Currency jjjj ^ p s for the printing of such circulating notes shall remain under his control and direction, and the expenses necessarily incurred in executing the provisions of this act respecting the procuring of such notes, shall be audited and paid as contingent expenses Expenses, of the Treasury Department ; and for the purpose of reim- how P aid - bursing the same, and all other expenses incurred under this act, and in lieu of all taxes upon the circulation authorized by this act,* or upon the bonds deposited for the security of the same, such association organized under this act shall semi- annually, on the first days of January and July, after its organization, pay to the Comptroller of the Currency, in lawful money of the United States, one per centum on the amount of * Modified by section 7 of the " Act to provide ways and means for the support of the government," approved March 3, 1863, which section is printed for convenience of rtfcrence at the end of this act. See page 33. 8 circulating notes received by such association, and in default thereof the Treasurer of the United States is hereby authorized to reserve and retain one per centum on the amount of said bonds so deposited, at each semi-annual payment of interest thereon ; and all sums so reserved and retained shall be paid into the treasury under the direction of the Secretary, and Returns of every bank, banking association, or corporation not organized banks not or- under the provisions of this act, issuing notes calculated or in- ganized under tended to circulate as money, shall, on the first day of July t is act. next, and regularly on the first days of January and July thereafter, make and deliver to the Comptroller of the Cur- rency a true aiid accurate return of the gross amount of notes Penalty for issued by it, whether in circulation, or in its vaults, or on default. deposit elsewhere ; and in default of any such return, the bank, banking association, or corporation so failing to make return, shall pay to the United States a penalty of two per centum upon its entire capital stock, to be recovered, for the use of the United States, in any court of competent jurisdiction. Associations SEC. 20. And be it further enacted, That after any such authorized to association shall have caused its promise to pay such notes on issue these demand to be signed by the president 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 Notes to be same as money ; and the same shall be received at par in all received for all parts of the United States in payment of taxes, excise, public U.S. dues, ex-i an j S) ari( j a u ot h er a ues to the United States, except for cept imports. dutieg on i mports . an( j a ] so f or a n salaries and other debts and demands owing by the United States to individuals, cor- porations, and associations within the United States, except Issue of other interest on public debt; and no such association shall issue notes forbidden. p Ogt notes or an y other notes to circulate as money than such as are authorized by the foregoing provisions of this act. Transfers of SEC< 2 1. And be it further enacted, That all transfers cTafons; Tow f the United States bonds which sha11 be made b 7 an 7 asso ' made. ' ciation as security for circulating notes under the provisions of this act, shall be made to the Treasurer of the United States, with a memorandm written or printed on the certificate of such bonds, and s'gned by the, cashier or some other officer of the association making the deposit, stating that it is held in trust for the association on whose behalf such transfer is made, and as security for the redemption and payment of the circulating notes delivered to such association ; and no transfer of any No transfer sucn bonds by the Treasurer shall be deemed valid, or of by Treasurer binding force and eifect, unless sanctioned by the order or re- valid except, quest of the Comptroller of the Currency upon the Treasurer. 9 It shall be the duty of the Comptroller of the Currency to Duties of keep in his office a book in which shall be entered the name rjjfjjjj^ 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, unless such transfer is made in blank, in which case the fact shall be stated in said book, and in either case the par value of the bonds so transferred shall be entered therein; and it shall be the duty of the Association! Comptroller, immediately upon countersigning and entering to be advisee the same, to advise by mail the association from whose account J^ji^ 6 Comi) such transfer was made, the kind of bonds and the amount thereof so transferred. SEC. 22. An d be it further enacted, That it shall be the Duties of duty of the Comptroller of the Currency to countersign and enter in the book, in the manner aforesaid, every transfer O f bonds, or assignment of any bonds held by the Treasurer presented for his signature ; and the Comptroller shall have at all times during office hours access to the books of the Treasurer, for the purpose of ascertaining the correctness of the transfer or assignment presented to him to countersign ; and the Treasurer shall have the like access to the book above mentioned, kept by the Comptroller, during office hours, to ascertain the cor- rectness of the entries in the same. SEC. 23. And be it further enacted, That it shall be the Periodical duty of either the president or cashier of every banking asso- ciation having stocks deposited in the office of the Treasurer of the United States, once or more in each fiscal year, and at such time or times during the ordinary business hours as said officer or officers may select, to examine and compare the bonds so pledged with the books of said department, and, if found correct, to execute to the said Treasurer a certificate setting forth the different kinds and the amounts thereof, and that the same are in the possession and custody of the Treasurer at the date of such certificate. Such examination may be Examinatio made by an agent of such association, duly appointed in writ- by agent, ing for that purpose, whose certificate before mentioned shall be of like force and validity as if executed by such president or cashier. SEC. 24. And be it further enacted, That every association Verified issuing circulating notes under the provisions of this act shall q imrteriy re " make a quarterly report to the Comptroller of the Currency, p ' commencing on the first day of the quarter of the year next succeeding the organization of such association, and continu- ing on the first days of each succeeding quarter in every year thereafter, which report shall be verified by the oath or affir- mation of the president and cashier, and all wilful false swear- False state ing in respect to such report shall be perjury, and subject to uis perjury 10 Form and the punishment prescribed hy law for such offence. The contents of re- report h ere b y required shall be in the form prescribed by the Comptroller, and shall contain a true statement of the condi- tion of the association making such report, before the transac- tion of any business on the morning of the day specified, next preceding the date of such report, in respect of the fol- lowing items and particulars, to wit : Loans and discounts, overdrafts due from banks, amount due from the directors of the association, real estate, specie, cash items, stocks, bonds, and promissory notes, bills of solvent banks, bills of suspended banks, loss and expense accounts, capital, circulation, profits, amount due to banks, amount due to individuals and corpora- tions other than banks, amount due the Treasurer of the United States, amount due to depositors on demand, amount due not included under either of the above beads. And it Comptroller s ^ a ^ ^ e ^ e ^ ut ^ ^ ^ e Comptroller to publish full abstracts to publish ab- f sucn reports together in two newspapers, to be designated stracts. by him for that purpose one in the city of Washington and the other in the city of New York exhibiting the items of capital, circulation, and deposits, specie, and cash items, pub- Association ^ c securities an d private securities ; and the separate report of to publish re- eacn association shall be published in a newspaper published in ports. the place where such association is established, or, if there be no newspaper at such place, then in a newspaper published at the capital of the State, at the expense of the association mak- ing such report. In addition to the quarterly reports required Certain asso- by this section, every association located and doing business ciationa to re- i n the cities of Boston, Providence, New York, Philadelphia, Elder o^h^ Baltimore , Cincinnati, Chicago, St. Louis, and New Orleans, shall publish, or cause to be published, on the morning of the first Tuesday in each month, in a newspaper printed in the city in which the association making such report is located, to be designated by the Comptroller of the Currency, a state- ment, under the oath of the president or cashier, showing the condition of the association making such statement, on the morning of the day next preceding the date of such statement, in respect to the following items and particulars, to wit ; average amount of loans and discounts, specie, deposits, and circulation. Protest of SEC. 25. And be if further enacted, That if any such asso- notes and pro- c i a tion shall, at any time fail to redeem, in the lawful money ceedmgs t e- of t ^ e United States, any of its circulating notes, when pay- ment thereof shall be lawfully demanded, during the usual hours of business, at the office of such association, the holder may cause the same to be protested, in one package, by a notary public, unless the president or cashier of the association shall offer to waive demand and notice of the protest, and 11 shall, in pursuance of such offer, make, sign, and deliver to the party making such demand, an admission in writing, stat- ing 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 ; and after such default it shall not be lawful for the association suffering the same, to pay Duties of as- out any of its notes, discount any notes or bills, or otherwise sociation upon prosecute the business of banking, except to receive and safely suspension. keep money belonging to it, and to deliver special deposits : Provided, 'however, That if satisfactory proof be produced to such notary public that the payment of any such notes is re- strained by order of any court of competent jurisdiction, such notary public shall not protest the same ; and when the holder of such notes shall cause more than one note or pack- age to be protested, on the same day, he shall not receive pay for more than one protest. SEC. 26. And le it further enacted, That on receiving Proceedings notice that any such association has failed to redeem any of of Comptroller its circulating notes, as specified in the next preceding section, u j|^" t otl< the Comptroller of the Currency, with the concurrence of the Secretary of the Treasury, may appoint a special agent, (of . . whose appointment immediate notice shall be given to such association,) who shall immediately proceed to ascertain whether such association has refused to pay its circulating notes, in the lawful money of the United States, when de- manded as aforesaid, and report to the Comptroller the facts so ascertained ; and if, from such protest or the report so made, the Comptroller shall be satisfied that such Association has refused to pay its circulating notes as aforesaid, and is in default, he shall, within thirty days after he shall have received notice of such failure, declare the United States bonds and securities pledged by such association forfeited to the United States, and the same shall thereupon be forfeited accordingly ; and thereupon the Comptroller shall immediately give notice is such manner as the Secretary of the Treasury shall, by Notes of as- general rules or otherwise, direct, to the holders of the circu- soci ation paid lating notes of such association to present them for payment ^ g t at the Treasury of the United States, and the same shall be paid as presented ; whereupon said Comptroller may, in his discretion, cancel an equal amount of bonds pledged by such association, equal at current market rates, not exceeding par, to the notes paid ; and it shall be lawful for the Secretary of the Treasury, from time to time, to make such regulations respecting the disposition to be made of such circulating notes after presentation thereof for payment as aforesaid, and respect- 12 ing the perpetuation of the evidence of the payment thereof, as may seem to him proper ; but all such notes, on being paid, V. S. to have shall be cancelled ; and for any deficiency in the proceeds of prior lien upon the bonds pledged by such association, when disposed of as assets. hereinafter specified, to reimburse to the United States the amount so expended in paying the circulating notes of such association, the United States shall have a first and paramount lien upon all the assets of such association, and such deficiency shall be made good out of such assets in preference to any and all other claims whatsoever, except the necessary costs and expenses of administering the same. Bondsoffail- ^ ECt ^7- And 1)6 it further enacted^ That whenever the Ing association Comptroller shall become satisfied, as in the last preceding may be sold at section specified, that any such association has refused to pay auction. j^g circulating notes as therein mentioned, he may instead of -cancelling the United States bonds pledged by such associa- tion, as provided in the next preceding section, cause so much of them as may be necessary to redeem the outstanding circu- lating notes of such association to be sold at public auction in the city of New York, after giving thirty days notice of such sale to such association. Private sale SEC. 28. And be it further enacted, That the Comptroller of bonds. of the Currency may, if he shall be of opinion that the in- terests of the United States will be best promoted thereby, sell at private sale any of the stock so transferred to him by such association, and receive therefore either money or the cir- culating notes of such failing association : Provided, That no such bonds shall be sold by private sale for less than the par, nor less than the market value thereof at the time of sale : And provided, further, That no sales of any such stock, either public or private, shall be complete until the transfer thereof shall have been made with the formalities prescribed in this act. SEC. 29. And be it further enacted, That on becoming satisfied, as specified in this act, that any such association has refused to pay its circulating notes as therein mentioned, and is in default, the Comptroller of the Currency may forthwith appoint a receiver, and require of him such bond and security as he shall deem proper, who, under the direction of the Comptroller, shall take possession of the books, records, and assets of every description of such association, collect all debts, dues, and claims belonging to such association, and upon the order of a court of record of competent jurisdiction, may sell or compound all bad or doubtful debts, and, on a like order, sell all the real and personal property of such association, on such terms as the court shall direct and such receiver shall Receiver, bond and duties. 13 pay over all moneys so made to the Treasurer of the United States, and also make report to the Comptroller of the Cur- rency of all his acts and proceedings. The Comptroller shall Duties of thereupon cause notice to be given, by advertisement in such J^^eovt of newspapers as he may direct, for three consecutive months, rec eiver. calling on all persons who may have claims against such asso- ciation to present the same, and to make legal proof thereof. And from time to time the Comptroller, after full provision shall have been first made for refunding to the United States any such deficiency in redeeming the notes of such associa- Disburse- tion as is mentioned in this act, shall make a rateable dividend ment assets> of the moneys so paid over to him by such receiver on all such claims as may have been so proved or adjudicated in a court of competent jurisdiction ; and from time to time, as the proceeds of the assets of such association shall be paid over to him, he shall make further dividends, as aforesaid, on all claims previ- ously proved or adjudicated ; and the remainder of such pro- ceeds, if any, shall be paid over to the shareholders of such association, or their legal representatives, in proportion to the stock by them respectively held: Provided, however, That if Association any such association against which proceedings have been so may enjoin instituted on account of any alleged refusal to redeem its cir- proceedings, culating notes as aforesaid, shall deny having failed to do so, such association may, at any time within ten days after such association shall have been notified of the appointment of an agent, as provided in this act, apply to the nearest circuit, or district, or territorial court of the United States, to enjoin further proceedings in the premises ; and such court, after citing the Comptroller of the Currency to show cause why further proceedings should not be enjoined, and after the de- cision of the court or finding of a jury that such association has not refused to redeem its circulating notes, when legally presented, in the lawful money of the United States, shall make an order enjoining the Comptroller, and any receiver acting under his direction, from all further proceedings on account of such alleged refusal, SEC. 30. And be it further enacted, That the bonds trans- Bonds depo- ferred to the Treasurer of the United States, as hereinbefore sited to be ex- provided, by any banking association for the security of its clusively as se- circulating notes, shall be held exclusively for that purpose, curit y- until such notes shall be redeemed, except as provided in this act ; but the Comptroller of the Currency may give to any interest on such banking association powers of attorney to receive and bonds, appropriate to its own use the interest on the bonds which shall have been so transferred to the Treasurer by it ; but such powers shall become inoperative whenever such banking association shall fail to redeem its circulating notes as afore- 14 Return of said. And said Comptroller may direct the return of any said bonds. bonds to the banking association which transferred the same, upon the surrender to him and the cancellation of a propor- tionate amount of such circulating notes: Provided, That ninety per centum of the current market value of the remain- ing bonds which shall have been transferred by the banking association offering to surrender such circulating notes shall be equal to the amount of all the circulating notes retained by such banking association : And provided, further, That there shall have been no failure by such association to redeem its circulating notes, and that there shall have been no other violation by such association of any of the provisions of this act for the security of the creditors of such association ; nor No surrender shall the Treasurer be required to surrender such bonds in under 1,000 fractional sums of less than one thousand dollars. And if, at any time after said bonds shall be deposited with the Trea- De reciation surer f tne United States, as aforesaid, the market or cash of bonds depo- value shall be reduced, the Comptroller of the Currency is sited. hereby authorised to demand and receive the amount of such depreciation in other United States bonds at cash value, or in money, from the association receiving said bills, to be de- posited with the Treasurer of the United States, as long as such depreciation continues. SEC. 31. And be it further enacted, That whenever the Interest on price of any of the bonds pledged, as aforesaid, for the re- bonds to be re- dernption of the circulating notes of any surh banking asso- ' elation shall be at the stock exchange in the city of New York for four consecutive weeks, at a rate less than that at which they shall have been estimated when so pledged, and such depreciation shall not have been made good by a deposit of other bonds or money, it shall be the duty of the Comp- troller of the Currency to notify the Treasurer of the United States of such fact, and the payment of interest upon such depreciated bonds shall be suspended ; and such interest shall be retained by said Treasurer until the same, when added to the current market value of the bonds so pledged, to be ascer- Tnvestment tamec * as De f re provided, shall be equal to the amount for of interest re- which such bonds were pledged : Provided, That it shall be turned. the duty of the Comptroller of the Currency, at the expiration of every period of three months, to cause the whole of the sums so retained, and then remaining in the treasury of the United States, to be invested in United States bonds, in the name of the Comptroller of the Currency, in trust for the respective associations by which the bonds on which such iJceedfof in- interest sha11 have accrued shall have been pledged. And vestment of in- whenever the price of such depreciated bonds at the stock terest. exchange in New York shall rise to the price at which they 15 were pledged, and so remain for four consecutive weeks, such investment shall be assigned to such association, and all ac- cruing interest on such pledged bonds shall thereafter be paid to such association, on demand thereof. SEC. 32. And be it further enacted, That it shall be the Surrender duty of the Comptroller of the Currency to receive worn-out and destruc- or mutilated circulating notes issued by any such banking as- tion of muti- sociation, and to deliver in place thereof to such association lated > &c -> cur " other blank circulating notes to an equal amount. And such rency ' worn-out or mutilated notes, after a memorandum shall have been entered in the proper books, in accordance with such regulations as may be established by the Comptroller, as well as all circulating notes which shall have been paid or sur- rendered to be cancelled, shall be burned to ashes in presence of three persons, one to be appointed by the Secretary of the Treasury, one by the Comptroller of the Currency, and one by the Treasurer of the United States, under such regulations as the Secretary of the Treasury may prescribe ; and in case such notes shall have been delivered to the Comptroller by an officer or agent of such association, then in the presence, also, of such officer or agent. And a certificate of such burning, signed by the parties so appointed, shall be made in the books of the Comptroller, and a duplicate thereof given to such officer or agent. SEC. 33. And be it further enacted, That it shall be nn- Punishment lawful for any officer acting under the provisions of this act to for delivering countersign or deliver to any such association, or to any other 3 company or person, any circulating notes contemplated by v ided. this act, except as hereinbefore provided, and in accordance with the true intent and meaning of this act. And any officer who shall violate the provisions of this section shall be deemed guilty of a high misdemeanor, and on conviction thereof shall be punished by fine not exceeding double the amount so coun- tersigned and delivered, and imprisonment not exceeding fifteen years, at the discretion of the court in which he shall be tried. SEC. 34. And le it further enacted, That all fees for pro- Feesfor pro- testing the notes issued by anv such banking association shall f? 8t ' exarnma - i i .! J . - .-, -, tion, and re- be paid by the person procuring the protest to be made, and ceiverships, such banking association shall be liable therefore ; but no part how paid, of the stock pledged by such banking association, as aforesaid, shall be applied to the payment of such fees. And all ex- penses of any preliminary or other examinations into the con- dition of any association shall be paid by such association ; and all expenses of any receivership shall be paid out of the assets of such association before distribution of the proceeds thereof. D 1C Indebtedness SEC. 35. And be it further enacted. That the stockholders, of stockholders collectively, of any such association shall at no time be liable restricted. to such association, either as principal debtors or sureties, or both, to an amount greater than three-fifths of the capital stock actually paid in and regaining undiminished by losses or otherwise; nor shall the directors be, so liable, except to such amount and in such a manner as shall be prescribed by the by-laws of such association, adopted by its stockholders to regulate such liabilities. Division, as- SEC. 36. And be it further enacted, That the capital stock signment, and of any association formed under this act shall be divided into transfer of shares of one hundred dollars each, and shall be assignable on the books of the association in such manner as its by-laws Transfers re- shall prescribe ; but no shareholder in any association under stricted, when, this act shall have power to sell or transfer any share held in his own right so long as he shall be liable, either as principal, debtor, surety, or otherwise, to the association for any debt which shall have become due and remain unpaid, nor in any case shall such shareholder be entitled to receive any dividend, interest, or profit on such shares so long as such liabilities shall continue ; but all such dividends, interests, and profits shall be retained by the association, and applied to the dis- charge of such liabilities. And no stock shall be transferred without the consent of a majority of the directors while the holder thereof is thus indebted to the association. Loans on SEC. 37. And be it further enacted, That no banking as- sbares forbid- sociation shall take, as security for any loan or discount, a den - lien upon any part of its capital stock ; but the same security, both in kind and amount, shall be required of shareholders as Purchase of of other persons. And no such banking association shall be capital stock the purchaser or holder of any portion of its capital stock, or forbidden. O f the capital stock of any other incorporated company, unless such purchase shall be necessary to prevent loss upon a debt previously contracted in good faith, or security which, at the time, was deemed adequate to insure the payment of such debt, independent of any lien upon such stock, or in case of forfeiture of stock for the non-payment of instalments due thereon ; and stock so purchased or acquired shall in no case be held by such association so purchasing for a longer period of time than six months, if the same can, within that time, be sold for what the stock cost. Elections of SEC. S* 3 . And be it further enacted, That in all elections of directors, votes directors, and in deciding all questions at meetings of share- of shareholders holders, each shareholder shall be entitled to one vote on each Proxies. share of stock held by him. Shareholders may vote by proxies duly authorized in writing ; but no officer, clerk, teller, or bookkeeper of such association shall act as proxy ; and no 17 stockholder whose liability is past due and unpaid shall be allowed to vote. SEC. 39. And ~be it further enacted, That the affairs of Number of every such association shall be managed by not less than five directors, qua- nor more than nine directors, one of whom shall be president lifi cation and of the association. Every director shall, during his whole term of of service, be a citizen of the United States and a resident of the State in which such association is located. At least three- fourths of the directors shall have resided in the State in which such association is located one year next preceding their elec- tion as directors ; and each director shall own, in his own right, at least one per centum of the capital stock of such as- sociation, not exceeding two hundred thousand dollars, and the half of one per centum of its capital if over two hundred thousand dollars. Each director shall take an oath that he will, so far as the duty devolves on him, diligently and honestly administer the affairs of such association, and will not know- ingly violate, or willingly permit to be violated, any of the pro- visions of this act, and that he is the bona fide owner, in his own right, of the shares of stock standing in his name on the books of the association, and that the same is not hypothecated, or in any way pledged, as security for any loan obtained or debt owing to the association of which he is a director, which oath, subscribed by himself, and certified by the officer before whom it is taken, shall be immediately transmitted to the Comptroller of the Currency, and by him filed and preserved in his office. SEC. 40. And be it further enacted, That the directors of po*& J any such association, first elected, shall hold their places until ^StalnS- their successors shall be elected and qualified. All subsequent nuar y. elections shall be held annually, on such day in the month of January as the stockholders of said association may prescribe ; and the directors so elected shall hold their places for one year, and until their successors are elected and qualified. But any director removing from the State, or ceasing to be the owner of the requisite amount of stock, shall thereby vacate his place. Any vacancy in the board shall be filled by ap- Vacancies, pointment by the remaining directors. The director so ap- pointed shall hold his place until the next annual election ; and if, from any cause, an election of directors shall not be made at the time appointed, the association shall not for that cause be dissolved, but an election may be held on any sub- sequent day, thirty days' notice thereof having been given in a newspaper printed, or of general circulation, in the city, town, or county in which the association is located ; and if no news- paper is published in such city, town, or county, such notice shall be published in a newspaper in the county adjoining. D 2 18 Fund to be SEC. 41. And be it further enacted, That every such asso- always main- elation shall at all times have on hand, in lawful money of the tainedonhand - United States, an amount equal to at least twenty-five per centum of the aggregate amount of its outstanding notes of circulation and its deposits ; and whenever the amount of its outstanding notes of circulation and its deposits shall ex- ceed the above named proportion for the space of twelve days, or whenever such lawful money of the United States shall at any time fall below the amount of twenty-five per centum of its circulation and deposits, such association 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 its profits, until the required proportion between the aggregate amount of its out- standing notes of circulation and its deposits and lawful money Clearing- of the United States shall be restored : Provided, however, house certifi- That clearing-house certificates, representing specie or lawful cates. money specially deposited for the purpose of any clearing-house association, shall be deemed to be lawful money in the posses- sion of any association belonging to such clearing-house hold- ing and owning such certificates, and considered to be a part of the lawful money which such association is required to have, under the foregoing provisions of this section : Provided, Balances in further, That any balance due to any association organized cities equiva- under this act in other places from any association in the ocabh> cities of Boston, Providence, New York, Philadelphia, Balti- more, Cincinnati, Chicago, St. Louis, or New Orleans, in good credit, subject to be drawn for at sight and available to redeem their circulating notes and deposits, may be deemed to be a part of the lawful money which such association, in other places than the cities of Boston, Providence, New York, Phi- ladelphia, Baltimore, Cincinnati, Chicago, St. Louis, and New Orleans, is required to have by the foregoing provisions of this section to the extent of three-fifths of the said amount of Association twenty-five per centum required. And it shall be competent failing tomake for the Comptroller of the Currency to notify any such asso- gcod the re- ... v i /? i * j -i -n / 11 serve may be cia t lon whose lawful money reserve, as aforesaid, shall fall wound up. below said proportion of twenty-five per centum, to make good such reserve ; and if such association shall fail for thirty days thereafter so to make good its reserve of lawful 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. Limitation of SEC. 42. And be it further enacted, That no association indebtedness shall at any time be indebted, or in any way liable, to an amount exceeding the amount of its capital stock at such time actually paid in, and remaining undiminished by losses 19 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 asso- ciation, or due thereto. .Fourth. On account of liabilities to its stockholders, for money paid in on capital stock, and dividends thereon, and reserved profits. SEC. 43. And be it further enacted, That no association shall, either directly or indirectly, pledge or hypothecate any of its notes of circulation, for the purpose of procuring money, to be paid in on its capital stock, or to be used in its banking operations, or otherwise. SEC. 44. And, le it further enacted, That no association, Withdrawal of or any member thereof, shall, during the time it shall con- capital en- tinue its banking operations, withdraw, or permit to be with-J med< drawn, either in form of dividends, loans to stockholders for a longer time than six months, or in any other manner, any Loans limited portion of its capital. And if losses shall at any time have to six months - been sustained by any such association equal to or exceed- ing its undivided profits then on hand, no dividend shall be made ; and no dividend shall ever be made by any associa- Dividends re- tion, while it shall continue its banking operations, to an stricted. amount greater than its net profits then on hand, deducting therefrom its losses and bad debts. And all debts due to any Bad debts association, on which interest is past due and unpaid for a defined. period of six months, unless the same shall be well secured, and shall be in process of collection, shall be considered bad debts within the meaning of this act. SEC. 45. And le it further enacted, That the directors of , Divide , nd 1 s ' ... i 11 n xi xi r TIT when and now every association shall, semi-annually, in the months or May ma(le and November, declare a dividend of so much of the profits of such association as they shall judge expedient ; and on each dividend day the cashier shall make, and verify by his oath, a full, clear, and accurate statement of the condition of quired, the association, as it shall be on that day after declaring the dividend ; which statement shall contain First. The amount of the capital stock actually paid in and then remaining as the capital stock of such bank or association. Secondly. The amount of the circulating notes of such association then in circulation. Thirdly. The greatest amount in circulation at any time 20 since the making of the last previous statement, as shall have been exhibited by the weekly statements of the cashier, speci- fying the times when the same occurred. Fourthly. The amount of balances and debts of every kind due to other banks and banking associations. Fifthly. The amount due to depositors. Sixthly. The total amount of debts and liabilities of every description, and the greatest amount since the making of the last previous statement, specifying the time when the same accrued. Seventhly. The total amount of dividend declared on the day of making the statement. Eighthly. The amount of lawful money of the United States belonging to the association and in its possession at the time of making the statement. Balances in Ninthly. The amount subject to be drawn at sight, in lawful cities. money of the United States, then remaining on deposit with any associations, banks, or bankers; specifying the amounts so on deposit in the cities of Boston, Providence, New York, Philadelphia, Baltimore, Cincinnati, Chicago, St. Louis, and New Orleans. Tenthly. The amount then on hand of bills or notes, issued by other banks and banking associations. Eleventhly. The amount of balances due from other banks, bankers, and banking associations, excluding deposits subject to be drawn at sight as aforesaid. Twelfthly. The amount on hand of bills, bonds, stocks, notes, and other evidences of debts, discounted or purchased by the association, specifying particularly the amount of sus- pended debt, the amount considered bad, the amount con- sidered doubtful, and the amount in suit or judgment. Thirteenthly. The value of the real and personal property held for the convenience of the association, specifying the amount of each. Fourteenthly. The amount of real estate taken in payment of debts due to the association. Fifteenthly. The amount of the undivided profits of the association. Sixteenthly. The total amount of the liability to the asso- ciation by the directors thereof, collectively, specifying the gross amount of such liabilities as principal debtors, and the gross amount of indorsers or sureties. The statement thus made shall forthwith be transmitted to the Comptroller of the Currency. Banking pri- SEC 46. And "be it further enacted, That every association vileges may take, reserve, receive, and charge on any loan or discount granted. made, or upon any note, bill of exchange, or other evidence of 21 debt, such rate of interest or discount as is for the time the established rate of interest for delay in the payment of mo'ney, in the absence of contract between the parties, by the laws of the several States in which the associations are respectively located, and no more : Provided, however, That interest may Rate of in- be reserved or taken in advance, at the time of making the terest - loan or discount, according to the usual rules of banking ; and the knowingly taking, reserving, or charging of a rate of in- Usury, terest greater than that allowed by this section shall be held and adjudged a forfeiture of the debt or demand on which the same is taken, reserved, or charged ; but the purchase, dis- count, or sale of a bill of exchange, drawn on actually existing values, and payable at another place than the place of such purchase, discount, or sale, at the current discount or pre- mium, shall not be considered as taking, reserving, or charging interest. SEC. 47. And be it further enacted, That the total liabili- Liabilities of ties of any person, or of any company or firm (including in CU8t ers re - the liabilities of a company or firm the liabilities of the several members thereof), to any association, including liabilities as acceptor of bona fide bills of exchange, payable out of the State where the association is located, shall at no time exceed one-third ; exclusive of liabilities as acceptor, one-fifth ; and exclusive of liabilities on such bills of exchange, one-tenth part of the amount of the capital stock of such association actually paid in. SEC. 48. And be it further enacted^ That no association Uncurrent shall, at any time, pay out on loans or discounts, or in pur- money not to chasing drafts or bills of exchange, or in payment of deposits, be circulated. nor shall it in any other mode put in circulation the notes of any bank or banking association, which notes 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 ; nor shall it knowingly pay out or put in circulation any notes issued by any bank or banking association which at the time of such paying out or putting in circulation is not re- deeming its circulating notes in lawful money of the United States. SEC. 49. And be it further enacted, That all transfer of the Acts preju- notes, bonds, bills of exchange, and other evidences of debt dicial to credi- owing to any association, or of deposits to its credit ; all to * am contem- assignments of mortgages, sureties on real estate, or of judg- JJ? ?e JL ?0 j^" ments or decrees in its favour ; all deposits of money, bullion, or other valuable thing for its use, or for the use of any of its shareholders or creditors ; and all payments of money to either, made after the commission of an act of insolvency, or in con- templation thereof, with a view to prevent the application of 22 its assets in the manner prescribed by this act, or with a view to the preference of one creditor to another, except in payment of the circulating notes, shall be utterly null and void. Malfeasance SEC. 50. And ~be it further enacted, That if the directors of of officers and an y association shall knowingly violate, or knowingly permit any of the officers, agents or servants of the association to violate, any of the provisions of this act, all the rights, pri- vileges, and franchises of the association, derived from this act, shall be thereby forfeited. Such violation shall, however, be determined and adjudged by a proper circuit, district, or territorial court of the United States, before the associa- tion shall be declared dissolved. And in cases of such violation, every director who participated in or assented to the same shall be held liable in his personal and individual capacity for all damages which the association, its shareholders, or any other person, shall have sustained in consequence of such violation. Visitor, how SEC. 51. And be it further enacted. That the Comptroller and when ap- of the Currency, with the approbation of the Secretary of the pointed, duties Treasury, as often as shall be deemed necessary or proper, shall appoint a suitable person or persons to make an examina- tion of the affairs of every banking association, which perstm shall not be a director or other officer in any association whose affairs he shall be appointed to examine, and who shall have power to make a thorough examination into all the affairs of the association, and, in doing so, to examine any of the officers and agents thereof on oath, and shall make a full and detailed report of the condition of the association to the Comptroller ; and the association shall not be subject to any other visitorial powers than such as are authorized by this act, except such as Compensa- are vested in the several courts of law and chancery. And tion of. every person appointed to make such examination shall receive for his services at the rate of five dollars for each day by him employed in such examination, and two dollars for every twenty-five miles he shall necessarily travel in the performance of his duty, which shall be paid by the association by him examined. Misdemeanor SEC. 52. And be it further enacted, That every president, of officers. director, cashier, teller, clerk, or agent of any association, who shall embezzle, abstract, or wilfully misapply any of the moneys, funds, or credits of the association, or shall, without authority from the directors, issue or put in circulation any of the notes of the association, or shall, without such authority, issue or put forth any certificate of deposit, draw any order or bill of exchange, make any acceptance, assign any note, bond, draft, bill of exchange, mortgage, judgment, or decree, or shall make any false entry in any book, report, or statement 23 of the association, with intent, in either case, to injure or defraud any other company, body politic or corporate, or any individual person, or to deceive any officer or agent appointed to examine the affairs of any such association, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment not less than five nor more than ten years. SEC. 53. And le it further enacted, That the president Names, resi- and cashier of every such association shall cause to be kept at all times a full and correct list of the names and residences of all the shareholders in the association, in the office where its business is transacted ; and such list shall be subject to the inspection of' all the shareholders and creditors of the association during business hours of each day in which busi- ness may be legally transacted ; and a copy of such list, veri- fied by the oath of such president or cashier, shall, at the beginning of every year, be transmitted to the Comptroller of the Currency, commencing on the first day of the first quarter after the organization of the association. SEC. 54. And be it further enacted, That the Secretary of the Treasury is hereby authorized, whenever, in his judg- depositories of ment, the public interest will be promoted thereby, to employ public moneys. any of such associations, doing business under this act, as depositaries of the public moneys, except receipts from customs. SEC. 55. And be it further enacted, That all suits and proceedings arising out of the provisions of this act, in which the United States or its officers or agents shall be parties, shall be conducted by the district attorneys of the several districts, under the direction and supervision of the Solicitor of the- Treasury. SEC. 56. And le it further enacted. That every person p ? na ! ties 5> r i in A -i ,. *: i c i- n f *. ' *!_ mutilation of who shall mutilate, cut, deface, disfigure, or perforate with pa p er i 88ue d holes, or shall unite or cement together, or do any other thing under this act. to any bank bill, draft, note, or other evidence of debt issued by any such association, or shall cause or procure the same to be done, with intent to render such bank bill, draft, note, or other evidence of debt unfit to be reissued by said association, shall upon conviction forfeit fifty dollars to the association who shall be injured thereby, to be recovered by action in any court having jurisdiction. SEC. 57. And be it further enacted, That if -any person Forgery, ut- shall falsely make, forge, or counterfeit, or cause or procure tering, &c., to be made, forged, or counterfeited, or willingly aid or assist pena ll in falsely making, forging, or counterfeiting, any note in imi- tation of, or purporting to be in imitation of, the circulating 24 notes issued under the provisions of this act, or shall pass, utter, or publish, or attempt to pass, utter, or publish, any false, forged, or counterfeited note, purporting to be issued by any association doing a banking business under the provisions of this act, knowing the same to be falsely made, forged, or counterfeited, or shall falsely alter, or cause or procure to be falsely altered, or willingly aid or assist in falsely altering, any such circulating notes, issued as aforesaid, or shall pass, utter, or publish, or attempt to pass, utter, or publish as true, any falsely altered or spurious circulating note issued, or purport- ing to have been issued, as aforesaid, knowing the same to be falsely altered or spurious, every such person shall be deemed and adjudged guilty of felony, and being thereof convicted by due course of law, shall be sentenced to be imprisoned and kept at hard labor for a period not less than five years nor more than fifteen years, and to be fined in a sum not exceeding one thonsand dollars. Making, en- SEC. 58. And be it further enacted, That if any person graving, &c., shall make or engrave, or cause or procure to be made or en- plates, or graved, or shall have in his custody or possession any engraved having them in e , , 1 1 i /> ,r. -v, j c r i i custody penal- P^ 6 or block alter the similitude of any plate from which ties for.' any circulating notes issued as aforesaid shall have been printed, with intent to use such plate or block, or cause or suffer the same to be used, in forging or counterfeiting any of the notes Having blank issued as aforesaid, or shall have in his custody or possession any notes or paper blank note or notes engraved and printed after the similitude adapted to o f any notes issued as aforesaid, with intent to use such blanks, banking. Qr cause or su ff er the same to be used, in forging or counter- feiting any of the notes issued as aforesaid, or shall have in his custody or possession any paper adapted to the making of such notes, and similar to the paper upon which any such notes shall have been issued, with intent to use such paper, or cause or suffer the same to be used, in forging or counter- feiting any of the notes issued as aforesaid, every such person, being thereof convicted by due course of law, shall be sen- tenced to be imprisoned and kept to hard labor for a term not less than five nor more than fifteen years, and fined in a sum not exceeding one thousand dollars. Jurisdiction. SEC. 59. And le it further enacted, That suits, actions, and proceedings by and against any association under this act, may be had in any circuit, district, or territorial court of the United States held within the district in which such associa- tion may be established. Annual re- SEC. 60. And le it further enacted, That it shall be the port of Comp- dirty of the Comptroller of the Currency to report annually troller. to (j on g ress? a t the commencement of its session 25 First. A summary of the state and condition of every as- Condition of sociation from whom reports have been received the preceding associations. year, at the several dates to which such reports refer, with an abstract of the whole amount of banking capital returned by them, of the whole amount of their debts and liabilities, the amount of circulating notes outstanding, and the total amount of means and resources, specifying the amount of specie held by them at the times of their several returns, and such other information in relation to said associations as, in his judgment, may be useful. Second. A statement of the associations whose business Associations has been closed during the year, with the amount of their cir- closed. culation redeemed, and the amount outstanding. Third. To suggest any amendment to the laws relative to Amendments banking by which the system may be improved, and the se- to law * curity of the bill-holders and depositors may be increased. Fourth. To report the names and compensation of the Return of clerks employed by him, and the whole amount of the ex- clerks - penses of the banking department during the year ; and such report shall be made by or before the first day of December in each year, and the usual number of copies for the use of Copies of the Senate and House, and one thousand copies for the use of 1 hundred and sixty-three, organized in any State, either under a special act of incorporation or a general banking law, may at any time within years after the passage of this act become an association under the provisions of this act ; that in such case the certificate of association provided for by this act shall be signed by the directors of such banking associa- tion or corporation, and in addition to the specifications re- quired by this act shall specify that such directors are au- thorized by the owners of two-thirds of the capital stock of such banking association or corporation to make such certi- ficate of association, and such certificate of association shall thereafter have the same effect, and the same proceedings shall be had thereon, as is provided for as to other associations organized under this act. And such association or corpora- tion thereafter shall have the same powers and privileges, and shall be subject to the same duties, responsibilities, and rules, in all respects, as is prescribed in this act for other associa- tions organized under it, and shall be held and regarded as an association under this act. SEC. 62. And be it further enacted, That any bank or State banks 26 may deliver U. banking association authorized by any State law to engage in s. bonds arid the business of banking, and duly organized under such State receive notes j aw at t ^ e tmie O f fa e p assa g e of this act, and which shall be the holder and owner of United States bonds to the amount of fifty per centum of its capital stock, may transfer and deliver to the Treasurer of the United States such bonds, or any part thereof, in the manner provided by this act ; and upon making such transfer and delivery, such bank or bank- ing association shall be entitled to receive from the Comp- troller of the Currency circulating notes, as herein provided, equal in amount to eighty per centum of the amount of the bonds so transferred and delivered. Proceedings SEC. 63. And le it further enacted, That upon the failure against State of any such State bank or banking association to redeem any and other of its circulating notes issued under the provisions of the pre- re cedin & section > tne Comptroller of the Currency shall, when e " satisfied that such default has been made, and within thirty days after notice of such default, proceed to declare the bonds transferred and delivered to the Treasurer forfeited to the United States, and the same shall thereupon be forfeited ac- cordingly ; and thereupon the circulating notes which have been issued by such bank or banking association, shall be re- deemed and paid at the treasury of the United States, in the same manner as other circulating notes issued under the pro- visions of this act are redeemed and paid. Forfeited SEC. 64. And be it further enacted, That the bonds for- bonds of such feited, as provided in the last preceding section, may be can - banks, how celled to an amount equal to the circulating notes redeemed and paid, or such bonds may be sold, under the direction of the Secretary of the Treasury; and after retaining out of the proceeds a sum sufficient to pay the whole amount of circu- lating notes for the redemption of which such bonds are held, the surplus, if any remains, shall be paid to the bank or bank- ing association from which such bonds were received. Rights of SEC. 65. Be if further enacted, That Congress reserves the Congress right at any time to amend, alter, or repeal this act. ' Approved February 25, 1863. 27 No. II. THE LOAN ACT OF 1863. AN ACT TO PROVIDE WAY3 AND MEANS FOR THE SUPPORT OF THE GOVERNMENT. Be it enacted by the Senate and Souse of Representatives of the United States of America, in Congress assembled, That the Secretary of the Treasury be and he is hereby authorized to bor- row from time to time, on the credit of the United States, a sum not exceeding three hundred millions of dollars for the current fiscal year, and six hundred millions for the next fiscal year, and to issue therefor coupon or registered bonds, payable at the plea- sure of the government after such periods as may be fixed by the Secretary, not less than ten nor more than forty years from date, in coin, and of such denominations, not less than fifty dollars, as he may deem expedient, bearing interest at a rate not exceeding six per centum per annum, payable, on bonds not exceeding one hundred dollars, annually, and* on all other bonds semi-annually, in coin; and he may in his discretion dispose of such bonds at any time, upon such terms as he may deem most advisable, for lawful money of the United States, or for any certificates of in- debtedness or deposit that may at any time be unpaid, or for any of the Treasury notes heretofore issued or which may be issued under the provisions of this act. And all the bonds and Trea- sury notes or United States notes issued under the provisions of this act shall be exempt from taxation by or under State or muni- cipal authority : Provided, That there shall be outstanding of bonds, Treasury notes and United States notes, at any time, issued under the provisions of this act, no greater amount altogether than the sum of nine hundred millions of dollars. SEC. 2. And be it further enacted, That the Secretary of the Treasury be arid he is hereby authorized to issue, on the credit of the United States, four hundred millions of dollars in Treasury notes, payable at the pleasure of the United States, or at such time or times, not exceeding three years from date, as may be found most beneficial to the public interest, and bearing interest at a rate not exceeding six per centum per annum, payable at periods expressed on the face of said Treasury notes ; and the interest on the said Treasury notes and on certificates of indebt- edness and deposit hereafter issued shall be paid in lawful money. The Treasury notes thus issued shall be of such denomination as the Secretary may direct, not less than ten dollars, and may be disposed of on the best terms that can be obtained, or may be paid to any creditor of the United States willing to receive the same at par. And said Treasury notes may be made a legal tender to the same extent as United States notes, for their face value, excluding interest : or they may be made exchangeable under regulations prescribed by the Secretary of the Treasury by the holder thereof, at the Treasury in the city of Washington, or at the office of any Assistant Treasurer or depositary designated for that purpose, for United States notes equal in amount to the Treasury notes offered for exchange, together with the interest accrued and due thereon at the date of interest payment next preceding such exchange. And in lieu of any amount of said Treasury notes thus exchanged, or redeemed or paid at maturity, the Secretary may issue an equal amount of other Treasury notes ; and the Treasury notes so exchanged, redeemed or paid, shall be cancelled and destroyed, as the Secretary may direct. In order to secure certain and prompt exchanges of United States notes for Treasury notes, when required as above provided, the Secre- tary shall have power to issue United States notes to the amount of one hundred and fifty millions of dollars, which may be used, if necessary, for such exchanges ; but no part of the United States notes authorized by this section shall be issued for or applied to any other purposes than said exchanges ; and whenever any amount shall have been so issued and applied, the same shall be" replaced as soon as practicable from the sales of Treasury notes for United States notes. SEC. 3. And be it further enacted, That the Secretary of the Treasury be and he is hereby authorized, if required by the exi- gencies of the public service, for the payment of the army and navy, and other creditors of the government, to issue, on the credit of the United States, the sum of one hundred and fifty millions of dollars of United States notes, including the amount of such notes heretofore authorized by the joint resolution approved January seventeen, eighteen hundred and sixty-three, in such form as he may deem expedient, not bearing interest, payable to bearer, and of such denominations, not; less than one dollar, as he may prescribe, which notes so issued shall be lawful money and a legal tender in payment of all debts, public and private, within the United States, except for duties on imports and interest on the public debt ; and any of the said notes, when returned to the Treasury, may be re-issued from time to time as .the exigencies of the public service may require. And in lieu of any of said notes, or any other United States notes, returned to the Treasury, and cancelled or destroyed, there may be issued equal amounts of the United States notes, such as are authorized by this act. And so 29 much of the act to authorize the issue of the United States notes, and for other purposes, approved February twenty-five, eighteen hundred and sixty-two, and of the act to authorize an additional issue of United States notes, and for other purposes, approved July eleven, eighteen hundred and sixty-two, as restricts the nego- tiation of bonds to market value, is hereby repealed. And the holders of United States notes, issued under and by virtue of said acts, shall present the same for the purpose of exchanging the same for bonds, as therein provided, on or before the first day of July, eighteen hundred and sixty-three, and thereafter the right so to exchange the same shall cease and determine. SEC. 4. And be it further enacted, That in lieu of postage and revenue stamps for fractional currency, and of fractional notes, commonly called postage currency, issued or to be issued, the Secretary of the Treasury may issue fractional notes of like amounts in such form as he may deem expedient, and may pro- vide for the engraving, preparation and issue thereof, in the Treasury Department building. And all such notes issued shall be exchangeable by the Assistant Treasurers and designated de- positaries for United States notes in sums not less than three dol- lars, and shall be receivable for postage and revenue stamps, and also in payment of any dues to the United States less than five dollars, except duties on imports, and shall be redeemed on pre- sentation at the Treasury of the United States in such sums and under such regulations as the Secretary of the Treasury shall prescribe : Provided, That the whole amount of fractional cur- rency issued, including postage and revenue stamps issued as currency, shall not exceed fifty millions of dollars. SEC. 5. And be it further enacted, That the Secretary of the Treasury is hereby authorized to receive deposits of gold coin and bullion with the Treasurer or any Assistant Treasurer of the United States, in sums not less than twenty dollars, and to issue certificates therefor in denominations of not less than twenty dol- lars each, corresponding with the denominations of the United States notes. The coin and bullion deposited for or representing the certificates of deposit shall be retained in the Treasury for the payment of the same on demand. And certificates represent- ing coin in the Treasury may be issued in payment of interest on the public debt, which certificates, together with those issued for coin and bullion deposited, shall not at any time exceed twenty per centum beyond the amount of coin and bullion in the Treasury ; and the certificates for coin or bullion in the Treasury shall be received at par in payment for duties on imports. SEC. 6. And be it further enacted, That the coupon or regis- tered bonds, Treasury notes and United States notes, authorized by this act, shall be in such form as the Secretary of the Treasury 30 may direct, and shall have printed upon them such statements, showing the amount of accrued or accruing interest, the character of the notes, and the penalties or punishment for altering or counterfeiting them, as the Secretary of the Treasury may pre- scribe, and shall bear the written or engraved signatures of the Treasurer of the United States and the Register of the Treasury, and also, as evidence of lawful issue, the imprint of the copy of the seal of the Treasury Department, which imprint shall be made, under the direction of the Secretary, after the said notes or bonds shall be received from the engravers, and before they are issued ; or the said notes and bonds shall be signed by the Treasurer of the United States, or for the Treasurer by such per- sons as may be specially appointed by the Secretary of the Treasury for that purpose, and shall be countersigned by the Register of the Treasury, or for the Register by such persons as the Secretary of the Treasury may specially appoint for that pur- pose. And all the provisions of the act, entitled " An act to authorize the issue of Treasury notes," approved the twenty-third day of December, eighteen hundred and fifty-seven, so far as they can be applied to this act, and not inconsistent therewith, are hereby revived and re-enacted. SEC. 7. And be it further enacted, That all banks, associations, corporations or individuals, issuing notes or bills for circulation as currency, shall be subject to and pay a duty of one per centum each half year from and after April first, eighteen hundred and sixty-three, upon the average amount of circulation of notes or bills as currency issued beyond the amount hereinafter named ; that is to say, banks, associations, corporations or individuals having a capital of not over one hundred thousand dollars, ninety per centum thereof; over one hundred thousand and not over two hundred thousand dollars, eighty per centum thereof; over two hundred thousand and not over three hundred thousand dollars, seventy per centum thereof; over three hundred thousand and not over five hundred thousand dollars, sixty per centum thereof; over five hundred thousand and not over one million of dollars, fifty per centum thereof; over one million and nofe over one million and a half of dollars, forty per centum thereof ; over one million and a half and not over two millions of dollars, thirty per centum thereof; over two millions of dollars, twenty-five per centum thereof. In the case of banks with branches, the duty herein provided for shall be imposed upon the circulation of the notes or bills of such branches severally, and not upon the aggre- gate circulation of all ; and the amount of capital of each branch shall be considered to be the amount allotted to or used by such branch ; and all such banks, associations, corporations and indi- viduals shall also be subject to and pay a duty of one-half of one per centum each half year from and after April first, eighteen 31 hundred and sixty-three, upon the average amount of notes or bills not otherwise herein taxed and outstanding as currency during the six months next preceding the return hereinafter pro- vided for; and the rates of tax or duty imposed on the circulation of associations which may be organized under the act " to provide a national currency, secured by a pledge of United States stocks, and to provide for the circulation and redemption thereof," approved February twenty-fifth, eighteen hundred and sixty-three, shall be the same as that hereby imposed on the circulation, and deposits of all banks, associations, corporations or individuals, but shall be assessed and collected as required by said act ; all banks, associations or corporations and individuals issuing or re-issuing notes or bills for circulation as currency after April first, eighteen hundred and sixty-three, in sums representing any fractional part of a dollar, shall be subject to and pay a duty of five per centum each half year thereafter upon the amount of such fractional notes or bills so issued. And all banks, associations, corporations and individuals receiving deposits or money subject to payment on check or draft, except savings institutions, shall be subject to a duty of one-eighth of one per centum each half year from and after April first, eighteen hundred and sixty-three, upon the average amount of such deposits beyond the average amount of their circulating notes or bills lawfully issued and outstanding as currency. And a list or return shall be made and rendered within thirty days after the first day of October, eighteen hundred and sixty-three, and each six months thereafter, to the Commis- sioner of Internal Revenue, which shall contain a true and faithful account of the amount of duties accrued, or which should accrue, on the full amount of the fractional note circulation, and on the average amount of all other circulation and of all such deposits for the six months next preceding. And there shall be annexed to every such list or return a declaration, under oath or affirma- tion, to be made in form and manner as shall be prescribed by the Commissioner of Internal Revenue, of the president, or some other proper officer of said bank, association, corporation or individual, respectively, that the same contains a true and faithful account of the duties which have accrued, or which should accrue, and not accounted for ; and for any default in the delivery of such list or return, with such declaration annexed, the bank, association, corporation or individual making such default shall forfeit, as a penalty, the sum of five hundred dollars ; and such bank, associa- tion, corporation or individual shall, upon rendering the list or return as aforesaid, pay to the Commissioner of Internal Revenue the amount of the duties due on such list or return, and in default thereof shall forfeit, as a penalty, the sum of five hundred dollars ; and in case of neglect or refusal to make such list or return as aforesaid, or to pay the duties as aforesaid, for the space of thirty days after the time when said list should have been made E 32 or rendered, or when said duties shall have become due and pay- able, the assessment and collection shall be made according to the general provisions prescribed in an act, entitled " An act to pro- vide internal revenue to support the government and to pay interest on the public debt," approved July one, eighteen hundred and sixty-two. SEC. 8. And le it further enacted, That, in order to prevent and punish counterfeiting and fraudulent alterations of the bonds, notes and fractional currency, authorized to be issued by this act, all the provisions of the sixth and seventh sections of the act, en- titled " An act to authorize the issue of United States notes, and for the redemption or funding thereof, and for funding the floating debt of the United States/' approved February twenty-fifth, eighteen hundred and sixty-two, shall, so far as applicable, apply to the bonds, notes and fractional currency hereby authorized to be issued, in like manner as if the said sixth and seventh sections were hereby adopted as additional sections of this act. And the provisions and penalties of said sixth and seventh sections shall extend and apply to all persons who shall imitate, counterfeit, make or sell any paper such as that used, or provided to be used, for the fractional notes prepared, or to be prepared, in the Treasury De- partment building, and to all officials of the Treasury Department engaged in engraving and preparing: the bonds, notes and fractional currency, hereby authorized to be issued, and to all official and unofficial persons in any manner employed under the provisions of this act. And the sum of six hundred thousand dollars is hereby appropriated, out of any money in the Treasury not other- wise appropriated, to enable the Secretary of the Treasury to carry this act into eifect. Approved March 3, 1863. 33 No. III. Section seventh oftlie " Act to provide ways and means for the support of the government " approved March 3, 1863. SEC. 7. And be it further enacted. That all banks, associa- tions, corporations, or individuals, issuing notes or bills for circulation as currency, shall be subject to and pay a duty of one per centum each half year from and after April first, eighteen hundred and sixty-three, upon the average amount of circulation of notes or bills as currency issued bejond the amount hereinafter named that is to say, banks, associations, corporations, or individuals having a capital of not over one hun- dred thousand dollars, ninety per centum thereof ; over one hun- dred thousand and not over two hundred thousand dollars, eighty per centum thereof ; over two hundred thousand and not over threehundred thousand dollars, seventy per centum thereof ; over three hundred thousand and not over five hundred thousand dollars, sixty per centum thereof; over five hundred thousand and not over one million of dollars, fifty per centum thereof; over one million and not over one million and a half of dollars, forty per centum thereof; over one million and a half and not over two millions of dollars, thirty per centum thereof; over two millions of dollars, twenty-five per centum thereof. In the Banks under case of banks with branches, the duty herein provided for the national shall be imposed upon the circulation of the notes or bills of taxelTone half such branches severally, and not upon the aggregate circula- of one per een- tion of all ; and the amount of capital of each branch shall be turn semi-an- considered to be the amount allotted to or used by such nu 'Hy, instead branch ; and all such banks, associations, corporations, and g e p t e h r e ce Q " j' individuals shall also be subject to and pay a duty of one-half gi na f act e of one per centum each half year from and after April first, eighteen hundred and sixty-three, upon the average amount of notes or bills not otherwise herein taxed and outstanding as currency during the six months next preceding the return hereinafter provided for ; and the rates of tax or duty imposed on the circulation of associations which may be organized under the act " To provide a national currency secured by a pledge of United States stocks, and to provide for the circula- tion and redemption thereof," approved February twenty-fifth, eighteen hundred and sixty-three, shall be the same as that hereby imposed on the circulation and deposits of all banks, associations, corporations, or individuals, but shall be assessed and collected as required by said act. And all banks, associa- tions, or corporations, and individuals, issuing or reissuing notes or bills for circulation as currency after April first, eigh- teen hundred and sixty-three, in sums representing any frac- tional part of a dollar, shall be subject to and pay a duty of five per centum each half year thereafter upon the amount of such fractional notes or bills so issued ; and all banks, asso- ciations, corporations, and individuals receiving deposits of E 2 34 money subject to payment on checks or drafts, except savings institutions, shall be subject to a duty of one-eighth of one per centum each half year from and after April first, eighteen hundred and sixty-three, upon the average amount of such deposits beyond the average amount of their circulating notes or bills lawfully issued and outstanding as currency. And a list or return shall be made and rendered within thirty days after the first day of October, eighteen hundred and sixty-three, and each six months thereafter, to the Commissioner of Internal Revenue, which shall contain a true and faithful account of the amount of duties accrued, or which should accrue on the full amount of the fractional note circulation and on the average amount of all other circulation, and of all such deposits, for the six months next preceding, And there shall be annexed to every such list or return a declaration, under oath or affirma- tion, to be made in form and manner as shall be prescribed by the Commissioner of Internal Revenue, of the president, or some other proper officer of said bank, association, corporation, or individual, respectively, that the same contains a true and faithful account of the duties which have accrued, or which should accrue, and not accounted for; and for any default in the delivery of such list or return with such declaration an- nexed, the bank, association, corporation, or individual making such default, shall forfeit, as a penalty, the sum of five hun- dred dollars. And such bank, association, corporation, or in- dividual shall, upon rendering the list or return as aforesaid, pay to the Commissioner of Internal Revenue the amount of the duties due on such list or return, and in default thereof shall forfeit, as a penalty, the sum of five hundred dollars ; and in case of neglect or refusal to make such list or return as aforesaid, or to pay the duties as aforesaid, for the space of thirty days after the time when said list should have been made or rendered, or when said duties shall have become due and payable, the assessment and collection shall be made ac- cording to the general provisions prescribed in an act entitled " An act to provide internal revenue to support the govern- ment and to pay interest on the public debt," approved July one, eighteen hundred and sixty-two. 35 INDEX TO AN ACT TO PROVIDE A NATIONAL CURRENCY, ETC. Acknowledgment of certificate of application Act, section seven of, modifying section nineteen of this act Acts prejudical to creditors in contemplation of insolvency Agent of associations ..... of associations may make examination of bonds special, Comptroller of Currency may appoint special duties of ..... Amendments to law, Comptroller to suggest Congress reserves the right to make Appointment of clerks in Bureau of Currency Comptroller of Currency Deputy Comptroller . . director of association, when to be made receiver . . visitor . . _ ( Apportionment of notes to be circulated Articles of associations, changes in, restricted . ' . Assets of failing, associations, disbursement of Assignments made by Comptroller, evidence, when Assignment of rooms in treasury for use of bureau Associations, acts of, prejudicial to creditors, void amount of capital stock of, to be certified annual report of, by Comptroller j articles of, changes in, restricted assets of, United States to have a prior lien on authorized to circulate their notes authorized to commence banking banking, how to organize banking, powers conferred upon banking usages granted to bonds deposited by, forfeited, when bonds of, may be sold at auction, when bonds of, may be sold at private sale, when bonds of, transferred to Treasurer, in trust capital stock of, how and when paid in capital stock of, how increased capital stock of, into what shares divided certificate to be forwarded to Comptroller by condition of, upon organization to be examined corporate powers conferred upon declaration of intention to form directors of, election of ... directors of, liability of, to association, restricted directors of, number of ... directors of, oath of, and oath to be sent to Comptroller directors of, per centum of stock to be held by Section. 49 11 23 26 26 60 65 1 1 1 40 29 51 17 12 29 2 3 49 6 60 12 26 20 10 5 11 46 26 27 28 30 7 13 36 6 9 11 6 40 35 39 39 39 36 INDEX. Section. Page. Associations, directors of, qualification of . 39 17 dividends, how and when to be declared by . 45 20 duties of, upon suspension 25 10 existence of, limited to twenty years 11 5 failing, duties of Comptroller towards 26 11 failing to redeem their notes, proceeding against 25 10 forbidden to increase their liabilities, when . 41 18 forbidden to issue any other notes 20 8 forbidden to make dividends . 41 18 forbidden to pay dividends, except upon profits 44 19 forbidden to pay out uncurreut money 48 21 forbidden to pledge their own notes 43 19 forbidden to purchase any capital stock 37 16 forbidden to purchase real estate, except 14 6 forbidden to receive capital stock as security 37 16 forbidden to withdraw capital stock 44 19 indebtedness of, restricted 42 18 individual and firm liabilities to, restrained 47 21 interest on loans prescribed to 46 20 interest on United States bonds to be paid to 30 13 interest on United States bonds to be invested for 31 14 laws of, to be approved by Comptroller liabilities of stockholders to, restrained 11 35 5 16 limitation of, as to holding real estate 14 6 lists of stockholders prescribed 6,53 3,23 may become depositors of public funds may be wound up for deficiency of redemption fund 54 41 23 18 may enjoin proceedings against themselves . 29 13 may increase their capital may obtain their bonds from treasurer 13 30 5 13 may sell delinquent stock 8 3 monthly reports to be made by certain 24 10 must forward certificate to Comptroller 6 2 name of, must be certified 6 2 names and residences of stockholders of 6,53 3,23 notes of, for what to be received 20 8 notes of, paid at United States treasury, when 26 11 notes of, penalties for counterfeiting, &c. 57 23 notes of, penalties for mutilating, &c. 56 23 notes of, signature of 18 7 officers of, appointment of 11 5 officers of, embezzlement by 52 22 officers of, false entries by 52 22 officers of, malfeasance of . 50 22 officers of, misdemeanors of 33,52 15,22 place of business of, must be certified place of business of, location of 6 6,11 2 2,5 president of, must be a director 39 17 rate of interest prescribed to 46 20 receiver of, appointment and duties of 29 12 reports of, Comptroller to prescribe 24 9 reports of, publication of 24 9 reports of, to be made quarterly 24 9 reports of, to be made under oath 24 9 reports to be made monthly by certain 24 9 residence of shareholders to be certified by 6 3 INDEX. Section. Page. Associations, rights of persons becoming shareholders of security for loans to be given by shareholders of shares of, personal property shares of, transfer of .... statement to accompany declaration of dividend suits and actions by and against tax on circulation of, one half of one per cent, semi-annually time of commencement of, to be certified to deposit additional bonds, when to examine bonds annually and give certificate to forfeit corporate rights, when to forward certificate and articles of association to make and publish quarterly reports . to pay compensation of visitor . to pay for protests and other expenses to pay one-half of one per cent, semi-annually upon circulation to procure certificate from Comptroller, and publish the same to receive interest on bonds . . to receive new notes for old .... to receive notes for circulation from Comptroller to receive proceeds of interest invested in bonds to reserve a redemption fund ? transfer of bonds of, to Treasurer of the United States transfer of bonds of, by Treasurer of the United States usury by ...... vested with corporate powers Attorneys, district, duties of ..... Auction, public, when stock may be sold at ... Authority, grant of, to commence banking B. Bad debts defined . . . . . Banking associations, how formed . . . . powers conferred on associations . . . . usages secured to associations ..... Banks, State and other, may organize under this act may obtain notes under this act proceedings against, upon failure to redeem notes obtained under this act to return the amount of their notes in circulation . penalty for failing to make return . Bond of Comptroller of Currency ...... of Deputy Comptroller ...... Bonds of United States defined ...... deposited by associations to be annually examined . depreciation of . . how and when returned interest accruing on, to be invested, when interest on, paid, when may be declared forfeited . may be sold at auction may be sold at private sale . deposited by State and other banks forfeited, when . deposited, how transferred by associations to Treasurer from associations by Treasurer . 12 37 12 12 45 59 6 30 23 50 6 24 51 34 19 10 30 32 16 31 41 15 21 46 11 55 8,27 10 5 11 46 61 62 63 19 19 1 1 4 23 30 30 31 30 26 8,27 28 64 21 21 INDEX. Bureau of Currency established business of Business place of association C. Capital stock, associations forbidden to withdraw their of associations, how increased how and when paid . not to be pledged as security shares of, prescribed Cashier of association, appointment of .... to keep list of names of stockholders to sign notes .... Certificate, Comptroller to give ..... of examination of bonds .... of authority to associations to be published Certificate of increase of capital paid in, required . preliminary by associators, requisites of . preliminary by State and other banks . Certificates, certified copies of, by Comptroller, evidence . clearing house . . ... executed by Comptroller evidence, when Circulation of notes by associations authorized Clearing-house certificates . . . Clerks in Currency Bureau, appointment and classification of to be annually returned Commission, special, may be appointed, when . . . Comptroller of Currency, annual report of ... appointment of . ... assignments made by, evidence banks to report their issues to ... bond of ... certificates made by, evidence certificates of capital paid in, to give conveyances executed by, evidence copies of papers certified by, evidence . duties of, towards failing associations duties of, upon report of receiver forbidden to be interested in associations laws of associations to be approved by . list of stockholders, etc. to be transmitted to may appoint receiver, when . ... may authorize associations to receive interest on their bonds may declare bonds forfeited .... may deliver to State and other banks notes to issue may direct return of bonds to associations may examine affairs of associates by commission may sell bonds at auction may sell bonds at private sale monthly reports to be made to . oath of . . . . oath of directors to be sent to . office of, created . . . office of, term of . . offices in treasury to be assigned to . INDEX. Section. Page. Comptroller proceedings by, against failing associations proceedings by, against failing State banks quarterly reports to be made to receiver to be appointed by, when receiver to report to removal of, from office . . salary of . . seal of bureau to be devised by statement to accompany declaration of dividends to be trans mitted to . ... to advise associations of transfers to advise associations of sales of bonds at auction to appoint receiver, when . ' '". to appoint visitor . ... to be paid one half of one per cent,, semi-annually, by associa tions . . .... of Currency to cause plates for notes to be engraved . to control plates for notes .... to demand the deposit of additional bonds, when to deposit plates, &c. in fire-proof vaults to devise a seal . . , . '; to direct publication of certificate, when to examine affairs of associations, when to furnish furniture, stationery, &c. . ; * to furnish notes for associations to issue to give associations a certificate to give certificate of increase of capital to give notice of payment of notes at treasury . . to have access to books of Treasurer to invest the interest accruing on bonds, when to keep record of bonds transferred to notify associations of deficiency of redemption fund to prescribe the form of quarterly reports to receive and exchange worn-out notes to record transfers of bonds from associations to record and preserve certificate of association to supply notes to associations upon transfer of bonds to transfer proceeds of interest invested, when verified lists of names, &c., of shareholders to be sent to of Currency, Deputy. ( See Deputy Comptroller.) Condition of associations to be examined by Comptroller Congress, rights of, to amend this act, reserved Conveyances made by Comptroller, evidence Copies of papers certified to by Comptroller, evidence annual report of Comptroller, number of Corporate powers conferred upon associations Counterfeiting, &c., notes of associations, punishment for Courts, jurisdiction of ... Creditors, acts by associations prejudicial to, void of failing associations to be notified Currency Bureau established business of ... clerks in, how appointed and classified clerks in, return of, to be annually made 40 IXDEX. Section. Page. D. Debts, bad, defined ....... 44 19 Delinquent shareholders, proceedings against 8 3 Denominations of notes to be circulated .... 18 7 Deputy Comptroller of Currency, appointment of 1 1 bond of 1 1 duties of ... 1 1 forbidden to be interested in associations under this act . 1 2 oath of 1 1 salary of . . 1 1 Devices on notes, Secretary of Treasury to regulate . Directors of association, appointment of ... consent of, for transfer of stock, when required 18 40 36 7 17 16 election of .... 40 17 knowingly permitting the violation of any laws 50 22 liability of, to association restricted 35 16 malfeasance of 50 22 number and oath of ... 39 17 president must be one 39 17 qualification of 39 17 removing from State 40 17 to be examined under oath, when 9 4 to control delinquent stock, when Distribution of notes to be circulated .... 8 17 3 6 District attorneys, duties of, under this law ... 55 23 Dividends forbidden, when ..... 41,44 18, 19 restricted to net profits .... 44 19 semi-annual, how to be made 45 19 semi-annual, statement to accompany declaration of . 45 19 E. - Election of directors ...... 40 17 rights of shareholders at .... 38 16 Embezzlement, false entries, &c., by officers 52 22 Engraving of counterfeit plates, punishment for . Evidence, certain instruments of writing executed by Comptroller 58 2 24 2 certified copies of certificates made by Comptroller Examination of affairs of association by visitor . . . 6 51 3 22 affairs of associations by special commission 10 4 officers under oath ..... 9 4 bonds deposited by associations to be annually made preliminary, and other expenses, how paid Expenses of executing this act, how paid 23 34 19 9 15 7 visitorial examination, what, and how paid . 51 22 P. False entries by officers, and punishment for ... 52 22 Fees for examinations, protests, and receivers, how paid 34 15 Firms, liabilities of, to associations restrained 47 21 Forfeiture of corporate rights of association for malfeasance 50 22 Forgery, &c., of notes ..... 57 23 Frauds, &c., by officers ..... 52 22 IKDEX. 41 Section. Page. Fuel, furniture, &c. of Bureau, Comptroller to furnish Fund for redemption of issue, to be reserved . . * H. Hypothecation of notes by association forbidden I. Impression of seal of Bureau to be filed in office of Secretary of State when valid ..... Increase of liabilities by associations forbidden, when . . , Indebtedness by associations limited . ; > -. , * ' Individual liabilities to associations restricted . . Injunction against Comptroller may be had, when . . ^ Insolvency, acts prejudicial to creditors in contemplation of Instalments on capital stock, how paid .... Interest on bonds deposited, associations to receive to be invested by Comptroller, when to be retained by Comptroller, when on loans may be retained in advance rate of, established ^ V. . usurious, penalty for ..... Interested in associations under this act, Comptroller and Deputy Comptroller forbidden to be Jurisdiction of courts J. L. Liabilities, associations forbidden to increase their, when . of directors to their own association restricted . of individuals and firms to associations restricted of shareholders to creditors declared .... of shareholders to theur own association restricted Lien of United States upon assets of association .... Lights, &c., for use of Bureau, Comptroller to furnish Limitation of amount of notes to be circulated associations in the holding of real estate existence of associations . . . \. indebtedness of associations . number of directors ......' Lists of names and residences, &c., of stockholders, to be transmitted to Comptroller, with application . Lists of names, residences, &c., verified, to be annually sent to Comptroller to be retained in office Loans, security to be given for, prescribed .... M. Malfeasance by directors, or permitted by them 41 43 2 41 42 47 29 49 7 30 31 30,31 46 46 46 1 59 41 35 47 12 35 26 3 17 14 11 42 39 53 53 37 50 INDEX. Misdemeanour of officers, and punishment for Modification of tax on circulation prescribed in note section 19, page 7 Money, uncurrent, or under par, associations forbidden to pay Mutilation of notes of associations, penalty for N. Name of association to be set forth in certificate .... Names of stockholders, residences, and amount of stock held, to be kept by officers, and verified list transmitted to Comptroller of Currency . Notary public, duties of, upon protest of notes . . . fees of, for protest, how paid . . when not to protest notes ..... Note to section 19, page 7, modifying the tax on circulation Notes of associations, all other kinds, associations forbidden to issue amount of, to be supplied to each association annual report of issue of, to be made apportionment of the whole amount of Comptroller to supply for circulation denominations of, prescribed . devices upon . disfigurement and mutilation of expenses of preparing, how paid for what to be received fund for the redemption of, to be retained paid at the treasury of United States, when . paid at the treasury of United States, how disposed of penalty for the forgery, &c., of plates of, Comptroller to control pledge of, by associations, forbidden protest of signatures of officers upon State and other banks may receive to issue . State and other banks failing to redeem to be supplied by Comptroller for circulation what shall be expressed upon the face of what officers of association must sign whole amount of, to be issued worn and mutilated, to be exchanged for new worn and mutilated, when exchanged, how cancelled Notification to Comptroller of the amount of stock paid in required Number of copies of annual report of Comptroller .... persons requisite to organize a banking association O. Oath of office of Comptroller of Currency . Comptroller of Currency, when it must be taken . Deputy Comptroller .... Deputy Comptroller, when it must be taken directors of association .... directors of association to be transmitted to Comptroller Officers of association, how appointed .... malfeasance of, how punished INDEX. Section. Officers of association, misdemeanors of, defined Offices in Treasury building to be assigned for Currency Bureau Organization of State and other banks under this law P. Paper similar to association bank-note paper, penalties for being in sion of . Payment by associations of uncurrent money forbidden Penalties against banks for failing to report notes issued . for disfigurement, mutilation, &c., of notes ^ for being found with bank-note paper . , ' for counterfeiting, uttering, &c. . for engraving plates or having them in possession, &c. Perjury, false reports made under oath to be deemed Place of business of association determined Plates, fraudulent engraving of Plates to be kept in fire vaults .... Pledge of their own notes by associations forbidden President of association, how appointed association must be a director United States to appoint Comptroller of Currency United States to remove Comptroller of Currency Proceedings against failing association Protest of notes of associations .... fees for, how paid .... Proxy, shareholders may vote by Public moneys may be deposited in banks of association . Publication of authority to commence banking Punishment for making false reports . . Qualifications of directors . Quarterly reports of associations Comptroller to prescribe publication of B. Rate of interest on loans, &c. , established . Real estate, Limitation of associations to hold Receiver of association, appointment and duties of may be appointed on neglect of association to sup- ply deficiencies may be enjoined payment of fees of Register of United States, signature of, required on notes Removal of Comptroller of Currency Report, annual, of Comptroller to Congress monthly, certain associations to make and publish quarterly, associations to make and publish quarterly, Comptroller to prescribe form of 33,52 3 61 58 48 19 56 58 57 58 24 6&11 58 3 43 11 39 1 1 25 25 34 38 54 10 24 39 24 24 24 46 14 29 41 29 34 18 1 60 24 24 24 TffDKX. Section. Page. Report, quarterly, Comptroller to publish abstracts of Residences of shareholders to be returned under oath Returns of notes issued to be made by State and other banks S. Salary of Comptroller of Currency . Deputy Comptroller Seal of Bureau of Currency description and impression of, to be filed in the Department of State impression of, when valid of Treasury to appear on all notes Secretary of Treasury, apportionment of notes by Clerks of Bureau appointed by Comptroller of Currency nominated by Comptroller of Currency under general direction of disposition of notes paid at Treasury regulated by . engraving of plates directed by exchange of old notes for new, regulated by offices for bureau to be assigned by seal of bureau to be approved by Secretary of State, certificate of approval of seal and impression of same to be filed in the office of . . . Section seven of finance act, modifying section 19 of this act . Security for loans, capital stock forbidden to be received as directors and shareholders not to be favoured in giving . Semi-annual dividend, how declared . , Senate to confirm appointment of Comptroller Senate to sanction removal of Comptroller Shareholder, delinquent, proceedings against indebtedness of, to association, restricted liabilities of, to creditors rights of, upon receiving transfer of stock rights of, to receive dividends, restricted rights of, to sell stock, restricted securities for loans required from vote of, by proxy vote, when not entitled to Shares of stock personal property transfer of . Signatures of officers of association to appear on notes Treasurer and Register upon Solicitor of Treasury to supervise suits under this law Spurious notes, penalty for having, uttering, &c. State banks and others, organization of, under this law Statement to accompany declarations of dividends to be made under oath . to be transmitted to Comptroller Stationery, &c., of Bureau, Comptroller to furnish . Stock, delinquent, how disposed of . when consent of directors for transfer of, required Suits under this act, Solicitor of Treasury to supervise Surrender of bonds of United States to associations, terms of 24 53 19 1 1 2 2 2 18 17 1 1 1 26 18 32 3 2 37 37 45 1 1 8 35 12 12 36 36 37 38 38 12 12 18 18 55 57 61 45 45 45 3 8 36 55 30 INDEX. 45 Section. Page. T. Tax of issues one half of one per centum semi-annually as modified Term of office of Comptroller of Currency ..... Deputy Comptroller ..... Transfer of stock, consent of directors required, when Transfer of United States bonds by associations to Treasurer, amount of . by associations to Treasurer, how made . from associations by Treasurer, how made from associations to be recorded . Treasurer of United States, retransfer of bonds by . signature of, to appear on notes to have access to books of Comptroller to receive and hold bonds in trust to reserve one-half of one per centum semi- annually as modified Treasurer, Solicitor of the, to supervise suits under this act . , U. Uncurrent money, associations forbidden to pay out . . United States bonds defined ...... transfer of, bv associations to Treasurer of United States ...... transfer of, from associations by Treasurer Usury by associations ....... Utterance of forged, counterfeit, &c., notes . . . . V. Vacancy of directors, how filled Valuables, note-plates, &c., to be kept in fire-proof vaults Vaults, fire-proof, to be assigned to Comptroller Vice-president of association Visitor of association, appointment of compensation of compensation of, payment of Void, acts of association prejudicial to creditors, when Votes, number of, shareholders entitled to . regulation of, by proxy when shareholders to lose their W. Withdrawal of capital by association forbidden 19 1 1 36 15 21 21 22 21 18 22 15 19 55 48 4 21 21 4f> 57 '40 3 3 18 51 51 34,51 49 38 38 38 44 AMERICAN FINANCES AND RESOURCES. LETTER No. II. OP HON. ROBERT J. WALKER, MA. COUNSELLOR AT LAW IN THE SUPREME COURT OP THE UNITED STATES, LATE LAW REP. MI., SENATOR OF THE UNITED STATES, SECRETARY OF THE TREASURY, COMMISSIONER TO CHINA, GOVERNOR OP KANSAS, ETC., ETC. LONDON: WILLIAM EIDGWAY, 169, PICCADILLY, W. 1863. fl ITT S J .VW .1 Til- . AMERICAN FINANCES AND RESOURCES. j LETTER No. II. London, 10, Half Moon Street, Piccadilly, October 8, 1863. IN view of the fact, that the people of the United Kingdom and of the United States are mainly of the same race, speak the same language, have the same literature, ancestry, and common law, with the same history for centuries, and a reciprocal commerce exceeding that of all the rest of the world, it is amazing* how little is known in each country of the other. This condition of affairs is most unfavour- able to the continuance of peace and goodwill between two great and kindred nations. It causes constant misapprehension by each party of the acts and motives of the other, arrests the development of friendly feeling-, and retards the advance of com- mercial freedom. It excites almost daily rumours of impending war, disturbing the course of trade, causing large mercantile losses, and great unneces- sary Government expenditures. If war has not ensued, it has led to angry controversy and bitter recrimination. It is sowing broadcast in both A 2 4 countries the seeds of international hatred, rendering England and America two hostile camps, frowning" mutual defiance ; and, if not terminating 1 in war, must, if not arrested, end in embargoes and non-in- tercourse, or discriminating- duties on imports and tonnage, greatly injurious to both countries. I know it has become fashionable in England and America to sneer at the fact of our common origin ; but the great truth still exists, and is fraught with momentous consequences, for good or evil, to both nations, and to mankind. The United States were colonized mainly by the. people of England. Ten of our original thirteen States bear English names, as do also nearly all their counties, townships, cities, and villages. Leaving- to Englishmen the task of disabusing; the Americans in regard to their own country, I will endeavour to present, in a condensed form, some material and authentic facts as regards the United States for the consideration of the people of the United Kingdom. I read and hear every day here predictions of our impending- bankruptcy and na- tional dissolution, our wealth and resources depre- ciated ; our cause, our people, our armies, and Government decried ; and a war in words and in the press prosecuted against us with vindictive fury. All this hostility is fully reciprocated in America ; and if the war is not confined to words and types, it will not be the fault of agitators in both countries. So far as an American can, even in part, arrest this fatal progress of misapprehension, by communicating- information in regard to his own country, is the principal purpose of these essays. In answer to the daily predictions here of our impending- ruin and national bankruptcy, I shall first discuss the question of our wealth, resources, and material progress. AREA The area of the United States, including- lakes and rivers, is 3,250,000 square miles, being- larger than all Europe. (Rep. Sec. of Interior and of Com. of Gen. Land Office, for Dec. 1860, p. 13.) Our land surface is 3,010,370 square miles, being 1,9*26,636,800 acres. This area is compact and contiguous, divided into States aud Territories, united by lakes, rivers, canals, and railroads. We have no colonies. Congress governs the nation by what the Constitution declares to be " the supreme law" whilst local regulations are prescribed and administered by the several States and Territories. We front on the two great oceans the Atlantic and Pacific \ extending from the St. Lawrence and the Lakes to the Gulf of Mexico, from near the 24th to the 49th parallel of north latitude ; and in longitude, from 67 25' to 154 40' west of Green- wich. Our location on the globe as regards its land surface is central, and all within the tem- perate zone. No empire of contiguous territory, possesses such a variety of climate, soil, forests and prairies, fruits and fisheries, animal, vegetable, mineral, and agricultural products. We have all 6 those of Europe, with many in addition, and a climate (on the average) more salubrious, as shown by the international census. We have a far more fertile soil and genial sun, with longer and better seasons for crops and stock ; and already, in our infancy, with our vast products, feed and clothe many millions in Europe and other con- tinents. Last year our exports to foreign coun- tries of breadstuff's and provisions, from the loyal States alone, were of the value of $ 108,000,000. (Tab)e of Com. and Nav. 1860.) If as well cultivated as England, our country could much more than feed and clothe the whole population of the world. If as densely settled as England, our population would be more than twelve hundred millions, exceeding that of all the earth, if as densely settled as Massachusetts, (among the least fertile of all our State?,) we would number 513,000,000 inhabitants. We have seen that our area exceeds that of Europe, with a far more g'enial sun and fertile soil, and capable of yielding more than double the amount of agricultural products and of sustaining more than twice the number of inhabitants. We have a greater extent of mines than all Europe, especially of coal, iron, gold, silver, and quicksilver. Our Coal alone, as stated by Sir William Armstrong, (the hig'hest British authority,) is 32 times as great as that of the United Kingdom, and our iron will bear a similar proportion. Our maritime front is 5,1 20 miles ; but, our whole coast line^ including- bays, sounds and rivers, up to the head of tide water is 33,663 miles. (Ex. doc. No. 7, pp. 75, 76, Official Eeport of Professor A. D. Bache, Superintendent of U. S. Coast Sur- vey, Dec. 5th, 1848.) Our own lake shore line is 3620 miles. (Top. Eept. ib. 77.) The shore line of the Mississippi river above tide- water and its tributaries, is 35,644, (Ib. 77) ; and of all our other rivers, above tide-water/is 49,857 miles, making in all 122,784 miles. Of this stupendous water mileage, more than one half is navigable by steam, employing an interior steam tonnage exceed- ing that of all the internal steam tonnage of the rest of the world. No country is arterialized by such a vast system of navigable streams, to have con- structed which as canals of equal capacity would have cost more than ten billions of dollars, and then these canals would have been subjected to large tolls, the cost of their annual repairs would have been enor- mous, and the interruption by lockage, a serious obstacle. We may rest assured then, that, all Europe combined, can never have such facilities for cheap water communication as the United States. This is a mighty element in estimating the power and progress of a nation. It shows, also, why we have no such deserts as Sahara, so small a portion of our lands requiring manures or irrigation, and no g*eneral failures of crops, with so few even partial failures of an}^ one crop. We have more deep, capacious and safe harbours 8 accessible at all tides, than all Europe, with more than twenty capable of receiving- the " Great Eastern." (Charts, TJ. S. Coast Survey.) Our hydraulic power, (including* Niagara,) far exceeds that of all Europe. We have more timber than all Europe, including- most varieties, useful and ornamental. We have, including cotton, vastly more of the raw material for manufacturers than all Europe. With all these vast natural advantages, has man, in our country, performed his duty, in availing- himself of the bounteous gifts of Providence? We are considering 1 now the question of our material progress, in regard to which, the following official data are presented. We have completed since 1790, 5782 miles of canals, from four to ten feet deep, and from 40 to 75 feet wide, costing $148,000,000, and mostly navigable by steam. (Census Table, 1860, No. 39.) We have constructed since 1829, 33,698 miles of rail-road, (more than all the rest of the world,) cost- ing $1,258,922,729. (Table 38, Census of 1860, and Addenda.) We have in operation on the land, more miles of telegraph than all the world, a single route, from New York to San Francisco, being 3500 miles. Our light-houses exceed in number those of any other country, and we have no light-dues, as in England. Our coast survey, executed by Professor Bache, Superintendent of the U. S. Coast Survey, exceeds in extent and accuracy that of any other country. On this subject, we have the united opinions of British and Continental savans. We have made since 1790, 1,505,454 linear miles of survey of the public lands of the U. States, be- longing- to the Government, including" 460,000,000 of acres already divided into townships, each six . miles squares, (2 3,0 40 acres,) subdivided into square miles, called sections, of 640 acres each, and each section further subdivided, into 16 lots of 40 acres each. TONNAGE. The total tonnag'e of the United States was in 1814, 1,368,127 tons. June, 1851, 8,772,439 June, 1861, 5,539,812 At the same rate of increase as from 1851 to 1861, our tonnag'e would be in 1871, 8,134,578 tons. 1881, 11,952,817 1891, 17,541,514 1901, 25,758,948 (Table Com. $ Nav.) At the close of this century our tonnag'e then, at this rate of increase, would far exceed that of all the rest of the world. GOLD AND SILVER. The ag-greg-ate product of our g'old and silver mines approaches now one bil- lion of dollars, most of which has been converted into coin at our mint. Nearly all of this product has been obtained since the discovery of gold iu 10 California. Less than two per cent, of the precious metals has been the product of the seceded States. This gold and silver are found now in seven States, and nine Territories ; the yield is rapidly augment- ing-, and new discoveries constantly developed. The Secretary of the Interior estimates the total product " next year/' of our mines of precious metals, at $100,000,000," and when our rail- road to the Pacific, (traversing* this region,) is com- pleted, his estimate of the " annual yield" is " 5150,000,000." The mines are declared inex- haustible" by the hig-hest authority, and our Nevada silver mines are now admitted to be " the richest in the world." The completion of our imperial rail- road, now progressing- to the Pacific, will carry an immense population to the g-old and silver regions, vastly increase the number of miners, diminish the cost of mining-, and decrease the price of provisions and supplies to the labourers. When we add to this, the vast and increasing- product of our quicksilver mines of California, so indispensable as an amalgam in producing- g-old and silver, as also the great and progressive improvement in pro- cesses and machinery for working- the quartz veins, it is now believed that the estimate of our Secretary of the Interior, and Commissioner of the General Land Office, will be exceeded by the result. These mines of the precious metals are nearly all on the public lands of the United States, they are the property of the Federal Govern- 11 ment, and their intrinsic value exceeds our public debt. PUBLIC LANDS. The United States own an immense public domain, acquired by treaties with France, Spain, and .Mexico, and by compacts with States and Indian tribes. This domain is thus described in the report of the Commissioner of the General Land Office of November 29th, 1860. " Of the 3,250,000 of square miles which constitute the terri- torial extent of the Union, the public lands embrace an area of 2,265,625 square miles, Or 1,450,000,000 of acres, being more than two thirds of our geographical extent, and nearly three times as large as the United States at the ratification of the defi- nitive treaty of peace in 1783 with Great Britain. This empire domain extends from the northern line of Texas, the gulf of Mexico, reaching to the Atlantic ocean, northwesterly to the Canada line bordering upon the great lakes Erie, Huron, Michi- gan, and Superior, extending westward to the Pacific ocean, with Puget's Sound on the north, the Mediterranean sea of our extreme northwestern possessions. " It includes fifteen sovereignties known as the ' Land States,' and an extent of territory sufficient for thirty-two additional, each equal to the great central land State of Ohio. " It embraces soils capable of abundant yield of the rich pro- ductions of the tropics, of sugar, cotton, rice, tobacco, corn, and the grape, the vintage, now a staple, particularly so of California ; of the great cereals, wheat and corn, in the western, northwestern, and Pacific States, and in that vast interior region from the valley of the Mississippi river to the Rocky mountains ; and thence to the chain formed by the Sierra Nevada and Cascades, the eastern wall of the Pacific slope, every variety of soil is found revealing its wealth. "Instead of dreary inarable wastes, as supposed in earlier times, the millions of buffalo, elk, deer, mountain sheep, the 12 primitive inhabitants of the soil, fed by the hand of nature, attest its capacity for the abundant support of a dense popula- tion through the skilful toil of the agriculturist, dealing with the earth under the guidance of the science of the present age. " Not only is the yield of food for man in this region abundant, but it holds in its bosom the precious metals of gold, silver, with cinnabar, the useful metals of iron, lead, copper, interspersed with immense belts or strata of that propulsive element coal, the source of riches and power, and now the indispensable agent not only for domestic purposes of life, but in the machine shop, the steam car, and steam vessel, quickening the advance of civiliza- tion and the permanent settlement of the country, and being the agent of active and constant intercommunication with every part of the republic." Kansas having been admitted since the date of this report ; our public domain, thus described offi- cially, now includes the sixteen land States, and all the Territories. Of this vast region (originally 1,450,000,000- acres), there was surveyed up to September, 1860, 441,067,915 acres, and 394,088,712 acres disposed of by sales, gTants, &c., leaving, as the commis- sioner states, fe the total area of unsold and unap- propriated, of offered and unoifered lands of the public domain, 1,055,911,288 acres." This is "land surface/ 7 exclusive of lakes, bays, rivers, &c., 1,055,911,288 acres, or 1,649,861 square miles, and exceeds one half the area of the whole Union. The area of New York being 47,000 square miles, is less than a thirty-fifth part of our public domain. England * * Our whole area is more than sixty times as large as England. 13 (proper) has 50,922 square miles, France 203,736, Prussia 107,921, and Germany 80,620 square miles. The area then of our public domain is more than eight times as large as France, more than fifteen times as large as Prussia, more than twenty times as large as Germany, more than thirty-two times as large as England, and larger (excluding' Russia) than all Europe, containing more than 200 millions of people. As England (proper) contained in 1861, 18,949,91 6 inhabitants, if our public domain were as densely settled, its population would exceed 606 millions, and it would be 260,497,561, if numbering as many to the square mile as Massachusetts. Its average fertility far exceeds that of Europe, as does also the extent of its mines, especially gold, silver, coal, and iron, with every variety of soil, climate, mineral and agricultural products. These lands are surveyed at the expense of the Government into townships of six miles square, subdivided into sections, and these into quarter sec- tions (160 acres), set apart for homesteads. Our system of public surveys into squares, by lines running due north and south, east and west, is so simple as to have precluded all disputes as to boundary or title. This domain reaches from the 24th to the 49th parallel, from the lakes to the gulf, and from the Atlantic to the Pacific. Its isothermes (the lines of equal mean annual temperature) strike on the north the coast of Norway midway, touch 14 St. Petersburg- in Bussia, and pass through Man- chooria to the coast of Asia, about three degrees south of the mouth of the Amour river. On the south, these isothermes run through northern Africa, and nearly the centre of Egypt near Thebes, cross northern Arabia, Persia, northern Hindostan, and southern China near Canton. Of this vast domain, less than two per cent, is cursed by slavery, which is prohibited by law in eleven of these land States, and in all the Territories. Now, however, within our present vast domain, not only the poor, but our own industrious classes and those of Europe, may not only find a home, but a farm for each settler, substantially as a free gift by the government. Here all who would rather be owners than tenants, and wish to improve and cultivate their own soil, are invited. Here, too, all who would become equals among- equals, citizens (not subjects) of a great and free country, enjoying the right of suffrage, and eligible to every office except the presidency, can come and occupy with us this great inheritance. Here liberty, equality, and fra- ternity reign supreme, not in theory or in name only, but in truth and realit}^. This is the brotherhood of man, secured and protected by our organic law. Here the Constitution and the people are the only sovereigns, and the government is administered by their elected agents, and for the benefit of the people, Those toiling elsewhere for wages that will scarcely support existence, for the education of whose chil- 15 dren no provision is made by law, who are excluded from the right of suffrage, may come here and be voters and citizens, find a farm given as a home- stead, free schools provided for their children at the public expense, and hold any office but the presidency, to which their children, born here, are eligible. What does Europe for any of its toil- ing millions who reject this munificent offer ? He is worked and taxed there to his utmost endurance. He has the right to work, and pay taxes, but not to vote. Unschooled ignorance is his lot and that of his descendants. If a farmer, he works and improves the land of others, in constant terror of rent day, the landlord, and eviction. Indeed the annual rent of a single acre in England exceeds the price $10 (2. 2s. Sd.) payable for the ownership in fee simple of the entire homestead of 160 acres, granted him here by the government. For centuries that are past, and for all time to come, there, severe toil, poverty, ignorance, the workhouse, or low wages, and disfranchisement, would seem to be his lot. Here, freedom, competence, the right of suffrage, the homestead farm, and free schools for his children. In selecting these homestead farms the emigTant can have any temperature, from St. Petersburg to Canton. He can have a cold, a temperate, or a warm climate, and farming* or gardening, grazing* or vintage, varied by fishing or hunting. He can raise wheat, rye, Indian corn, oats, rice, indigo, cot- 16 ton, tobacco, cane or maple sugar and molasses, sorg- hum, wool, peas and beans, Irish or sweet potatoes, barley, buckwheat, wine, butter, cheese, hay, clover, and all the grasses, hemp, hops, flax and flaxseed, silk, beeswax and honey, and poultry, in uncounted abundance. If he prefers a stock farm, he can raise horses, asses, and mules, camels, milch cows, work- ing- oxen and other cattle, goats, sheep and swine. In most locations, these will require neither hous- ing nor feeding throughout the year. He can have orchards, and all the fruits and vegetables of Europe, and many in addition. He can have an Irish or German, Scotch, English, or Welsh, French, Swiss, Norwegian, or American neighbourhood. He can select the shores of oceans > lakes, or rivers ; live on tide water or higher lands, valleys or mountains. He can be near a church of his own denomination ] the freedom of conscience is complete \ he pays no tithes, nor church tax, except voluntarily. His sons and daughters, on reaching twenty-one years of age, or sooner, if the head of a family, are each entitled to a homestead of 160 acres; if he dies, the title is secured to his widow, chil- dren, or heirs. Our flag is his, and covers him everywhere with its protection. He is our brother, and he and his children will enjoy with us the same heritage of competence and freedom. He comes where labour is king, and toil is respected and re- warded. If before, or instead of receiving his home- stead, he chooses to pursue his profession, or busi- ness, to work at his trade, or for daily wages, he 17 will find them double the European rate, and subsist- ence cheaper. From whatever part of Europe he may come, he will meet his countrymen here, and from them and us receive a cordial welcome. A government which gives him a farm, the right to vote, and free schools for his children, must desire his welfare. Of this vast domain,, (more than thirty-two times as large as England,) the Government of the United States grants substantially as a free gift, a farm of 160 acres to every settler who will occupy and cul- tivate the same, the title being in fee simple, and free from all rent whatsoever. The settler may be native or European, a present or future immigrant, including females as well as males, but must be at least 21 years of age, or the head of a family. If an immigrant, the declaration must first be made of an intention to become a citizen of the United States, when the grant is immediately made, without waiting for naturalization. When the children of the settler reach 21 years of age, or become the head of a family, they each receive from the Go- vernment a like donation of 1 60 acres. The intrinsic value of this public domain far exceeds the whole public debt of the United States. Our national wealth, by the last census, was $16,159,616,068, and its increase during the last ten years $8,925,481,011, or 126*45 per cent. Census, 1860, p. 195. Now, if, as a consequence of the Home- stead Bill, there should be occupied, improved, and cultivated, during* the next ten }^ears, 100,000 addi- B 18 tional farms by settlers, or only 10,000 per annum, it would make an aggregate of 16,000,000 acres. If, including houses, fences, barns, and other improve- ments, we should value each of these farms at ten dollars an acre, it would make an aggregate of ill 60,000,000. But if we add the product of these farms, allowing only one-half of each (80 acres) to be cultivated, and the average annual value of the crops, stock included, to be only ten dollars per acre, it would give $80,000,000 a-year, and, in ten years, $800,000,000, independent of the re-investment of capital. It is clear that thus vast additional em- ployment would be given to labour, freight to steamers, railroads and canals, markets for manu- factures, and augmented revenue. The homestead privilege will largely increase im- migration. Now, beside the money brought here by immigrants, the census proves that the average annual value of the labour of Massachusetts per capita was, in 1860, $300 for each man, woman, and child. Assuming that of the immigrants at an average net annual value of only $100 each, or less than 33 cents a~day, it would make, in ten years, at the rate of 200,000 each year, the following aggre- gate: 1st year 200,000 == $20,000,000 2nd 400,000 40,000,000 3rd 600,000 60,000,000 4th 800,000 ; , 80,000,000 5th 1,000,000 100,000,000 6th 1,200,000 5 , 120,000,000 7th 1,400,000 140,000,000 19 Sib year 1,600,000 = $160,000,000 9th 1,800,000 180,000,000 10th 2,000,000 200,000,000 Total Jl,100,000,000 In this table,, the labour of all immigrants each year is properly added to those arriving- the succeed- ing- year, so as to make the aggregate, the last year, two millions. This would make the value of the labour of these two millions of immigrants, in ten years, $ 1,1 00,000,000, independent of the annual accumulation of capital, and the labour of the children of the immigrants after the first ten years, which, with their descendants, would g*o on constantly increasing 1 . But, by the actual official returns (see pag'e 14 of Census), the number of alien immigrants to the United States, from December, 185(), to December, 1850, was 2,598,216, or an annual averag-e of 259,821, say 200,000. The effect, then, of this immigration, on the basis of the last table, upon the increase of national wealth, was as follows : 1st year 260,000 = $26,000,000 2nd 520,000 52,000,QPO 3rd 780,000 78,000,000 4th 1,040,000 104,000,000 5th 1,300,000 130,000,000 6th 1,560,000 156,000,000 7th 1,820,000 182,000,000 8th 2,080,000 208,000,000 9th 2,340,000 234,000,000 10th 2,600,000 260,000,000 Total $1,430,000,000 so Thus the value of the labour of the immigrants from 1850 to 1860 was fourteen hundred and thirty millions of dollars, making" no allowance for the ac- cumulation of capital by annual re-investment, nor for the natural increase of population, amounting 1 , by the census, in ten years, to about 24 per cent. This addition to our wealth by the labour of the children, in the first ten years, would be small ; but in the second, and each succeeding 1 decennium, when we count children and their descendants, it would be large and constantly augmenting-. But the census shows that our wealth increases each ten years at the rate of 126*45 per cent. Now then, take our increase of wealth in consequence of immi- gration as before stated, and compound it at the rate of 1 26*45 per cent, every ten years, and the result is largely over three billions of dollars in 1870, and over seven billions of dollars ia 1880, independent of the effect of any immigTation suc- ceeding- 1860. If these results are astonishing-, we must remember that immigration here is aug- mented population, and that it is population and labour that create wealth. Capital, indeed, is the accumulation of labour. Immigration, then, from 1850 to 1860, added to our national wealth a sum more than one-third greater than our whole debt on the 1st of July last, and augmenting- in a ratio much more rapid than its increase, and thus enabling us to bear the war expenses. As the homestead privilege must largely increase 21 immigration, and add especially to the cultivation of our soil, it will contribute more than any other measure to increase our population, wealth, and power, and augment our revenue from duties and taxes. We have seen that, by the Census (p. 195), the total value of the real and personal estate in the United States was In 1860 $ 16,159,616,068 In 1850 7,135,780,228 Increase from 1850 to 1860, 126*45 per cent. At the same rate of increase, for the four succeed- ing* decades, the result would be In 1870 $36,593,450,585 In 1880 82,865,868,849 In 1890 187,314,353,225 In 1900 423,330,438,288 If we subtract one-fourth from the ag-greg-ate, we will find that our public debt constitutes less than one half of one per cent, of the increase of our na- tional wealth. This debt, then, does not exhaust our capital, but affects only a small diminution of the rate of aug-mentation. If we would look at the causes of this vast in- crease of our national wealth, they will be found mainly in the enormous extent of our fertile lands, the vast emigration from Europe, and the constant addition of new States to the Union. Thus, from 1850 to 1860, four new States were added to the 22 Union. These four States were almost an un- trodden wilderness in 1850, but in I860 were rich and flourishing States, with a population of 638,965, and an aggregate wealth of $;3 3 1,809, 4 18. Within this decade, from 1860 to 1870, at least six new States will be added to the Union. This is evident from a reference to our present Territories, as fol- lows : Dacotah . . . 05,316,480 acres. Nebraska . . 48,636,800 Indian. . . . 56,924,000 Idaho .... 208,878,720 "Washington . 44,796,160 Nevada . . . 52,184,960 Utah .... 68,084,480 Arizona . . . 80,730,240 New Mexico . . 77,568,640 Colorado . . 66,880,000 Total , . 800,000,480 acres. Here then are territories with an aggregate area of 800,000,480 acres, sufficient for 26 States of the size of New York. In all these territories but one, the precious metals are found in great abundance, and the railroad to the Pacific, with numerous branches through this vast region together with the great advantages of our new Homestead bill of last year, is settling these territories with unprece- dented rapidity. Notwithstanding the war, immi- gration to the United States is progressing- with more than its usual volume, caused by the very high 23 wages for labour, the great benefits of our recent Homestead bill, and the exclusion, by recent act of Congress, of slavery from all this vast domain. It will be observed^ that, whilst the lands consti- tuting' these territories remain public lands, no esti- mate is made of them as wealth in the National census. It is only when these public lands become farms and private property, that they are valued as part of the wealth of the nation. This remark also applies to that 255,000,000 acres of public lands, in the sixteen Land States of the Union. Hence the amazing; increase of wealth at each de- cade, in the new States and Territories. Thus, by table 35 of the Census of 1860, pag-e 195, the rate of increase of wealth in the following- States and Territories, from 1850 to 1860 was, Territories. Washington . . 5000 per cent. Nebraska . . 4800 do. Utah . ; .467 do. New Mexico . . 302 do. States. Kansas . . . 8000 per cent. Iowa . . . 942 do. California . .837 do. Minnesota . . 6000 do. Michigan . . 330 do. Oregon . . 471 do. Illinois . . 457 do. Wisconsin . . 550 do. It is thus that the wave of population moves onward in our western States and Territories, that 24 the axe and the plough are the pioneers of civiliza- tion, that farms, cities/ and villages, the school- house, and the church rise from the wilderness, as if by the touch of an enchanter's wand. That enchantment is the power of freedom and education, the effect of which (as compared with the deadly influence of slavery and ignorance), shall be illus- trated in a succeeding letter. In that letter, by comparing the relative progress of our free and and slave States, as demonstrated by our Census, it will be proved, incontestably, that the total exclu- sion of slavery from our Union, will cause an addition to our national wealth vastly exceeding the whole public debt of our country, and soon leave us much richer than before the rebellion. R. J. WALKER. AMERICAN FINANCES AND RESOURCES, LETTER No. III. or HON. ROBERT J. WALKER, MA. COUNSELLOR AT LAW IN THE SUPREME COURT OF THE UNITED STATES, LATE LAW REP. MI., SENATOR OF THE UNITED STATES, SECRETARY OF THE TREASURY, COMMISSIONER TO CHINA, GOVERNOR OF KANSAS, ETC., ETC. LONDON: WILLIAM KIDOWAY, 169, PICCADILLY, W. 1863. 10, Half Moon Street, Piccadilly. Dec. 3, 1863. IT is generally believed, even when the American rebellion should be suppressed, that there would be a great loss of wealth and resources on the part of the United States. As an economical question the great truth is not disputed by me, that, as a general rule, wars by a waste of property, by large expendi- tures, and by the withdrawal of so much labour from the pursuits of industry, impair the material interests of the nation. The influence of such con- siderations in the Unit e d States is not denied \ but there is in the causes of this contest, as well as in its effects and consequences, results which will more than compensate for such losses. Slavery was the sole cause of this rebellion, and the result will be the re- construction of the Union, with slavery everywhere extinguished. On this assumption, the question is, whether the substitution of free for slave labour throughout every State and Territory of the Union will not, as a question of augmented wealth and in- vigorated industry, far more than compensate for the losses incurred in the contest. Reasoning inductively* it might well be supposed that the willing labour of educated and energetic freemen, would be far more productive than the forced labour of ignorant, un- willing*, and uneducated slaves. In the realm of A 2 science, as well as in the direction of labour, know- ledge is power, education is wealth and progress ; and that this is applicable to the masses who compose a community, and especially to the working- classes, is demonstrated by our American official Census. In proof of this position, I will proceed by a reference to the official tables of our Census of 1860, to show not only in particular slave States, as compared with other free States, whether old or new, eastern or western, or making- the comparison of the aggregate of all the slave with the free States, the annual product of the latter per capita is more than double that of the slave States. I beg-in with Mary- land as compared with Massachusetts, because Mary- land in proportion to her area, has greater natural advantages than any one of the slave or free States \ and if the comparison with the free States is most un- favourable to her, it will be more so as to any other Southern State, as the Census shows, that, from 1790 to I860, as well as from 1850 to 1860, Maryland increased in population per square mile more rapidly than any other Slave-holding- State. We must consider the area, soil, climate, mines, h} T draulic power, location, shore line, bays, sounds, and rivers, and such other causes as affect the advance of wealth and population. The relative progress of Maryland has been slow indeed. The population of the Union, by the cen- sus of 1790, was 3,929,827, of which Maryland, containing then 319,728, constituted a twelfth part 9). In 1860, the Union numbered 81,445,080 and Maryland 687,034, constituting- a forty-fifth part (45.76). In 1790, the free States numbered 1,968,455, Maryland's population then being- equal to one-sixth (6.12) ; but, in 1860, the population of the free States was 18,920,078, Maryland's number then being* equal to one twenty-seventh part (27.52). But, if Maryland had increased as rapidly from 1790 to 1860 as the whole Union, her proportion, one twelfth part, would have made her numbers in 1860,2,620,315; and if her proportional increase had equalled that of the free States, her ratio, one sixth, would have made her population in 1860, 3,153,392. I take the areas from the report (November 29, I860) of the Commissioner of the General Land Office, where they are for the first time accurately given, " excluding- the water surface." The popu- lation is taken from the census tables. I compare first Massachusetts and Maryland, because they are maritime and old States, and both in 1790 had nearly the same population, but, as will be shown hereafter, with vastly superior natural advantages in favour of Maryland. Area of Maryland, 11,124 square miles ; shore lines, by tables of United States Coast Survey, viz. : main shore, including- bays, sounds, &c., 503 miles, islands 298, rivers to head of tide water 535; total, 1,336 miles. Area of Massachusetts, 7,800 square miles ; 6 shore lines, by tables of United States Coast Sur- vey, viz. : main shore, including ba} T s, sounds, &c. 435 miles, islands, 259, rivers to head of tide water 70 ; total, 704 miles. When we mark the Potomac and its tributaries, the lower Susquehanna, the deep and numerous streams of the Chesapeake, the com- mercial advantages of Maryland over Massachu- setts are vast indeed. Looking at the ocean shore of Maryland, and also at the Chesapeake bay, the largest and finest estuary in the world, indented with numerous sounds and navigable inlets, three-fourths of its length for both shores being within Mar} T land, and compare this deep and tranquil and protected basin, almost one continuous harbour, with the rock- bound coast of Massachusetts, lashed by the stormy Atlantic, the superiority of Maryland is striking. Mortality in Maryland, by the late census, viz-, deaths from 1st June, 1859, to 31st May, I860, 7,370 persons. Same time in Massachusetts, 21,303 ; making the ratio of deaths to the number living in Maryland, one to every 92, and in Massa- chusetts one to every 57 ; and the percentage of deaths in Maryland 1.09, and in Massachusetts 1.76. This rate of mortality for Massachusetts is confirmed by the late official report of their Secre- tary of State to the Legislature. As to area, then, Maryland exceeds Massachusetts 43 per cent. ; as to the shore line, that of Marylandis nearl} r double that of Massachusetts. As to climate that of Maryland, we have seen, is far the most salubrious. This is a vast advantage, not only in augmented wealth and numbers, from fewer deaths, but also as attracting- capital and immigration. This milder and more salubrious climate o-ives to o Maryland longer periods for sowing, working, and harvesting crops, a more genial sun, larger products and better and longer crop seasons, great advantages for stock, especially in winter, decreased consump- tion of fuel, a greater period for the use of hydraulic power, and of canals and navigable streams. The area of Maryland fit for profitable culture is more than double that of Massachusetts, the soil much more fertile, its mines of coal and iron, with the fluxes all adjacent, rich and inexhaustible ; whereas Massa- chusetts has no coal, and no valuable mines of iron or fluxes. When we reflect that coal and iron are the great elements of modern progress, and build up mighty empires, this advantage of Maryland over Massachusetts is almost incalculable. The hydrau- lic power of Maryland also greatly exceeds that of Massachusetts. Such are the vast natural advan- tages of Maryland over Massachusetts. Now let us observe the results. Population of Maryland in 1790, 319,728; in 1860, 687,034; increase 367,300. Population of Massachusets in 1790, 378,717; in 1860, 1,331,065; increase, 852,348; difference of increase in favour of Massachusetts, 485,048 ; excess of Massachusetts over Maryland in 1790, 58,989, and in 1860, 544,031. This result is amazing, when we regard the far greater 8 area of Maryland and her other vast natural advan- tages. The population of Maryland in 1790 was 28 to the square mile (28.74), and in 1860, 61 to square mile (61,76) ; whereas Massachusetts had 48 to the square mile in 1790 (48.55), and 157 to the square mile in 1860 (157.82). Thus Massachusetts had only '20 more to the square mile in 1790, and 96 more to the square mile in 1860. But if the areas of Maryland and Massachusetts had been reversed, Massachusetts, with the area of Maryland, and the population of Massachusetts of 1860 to the square mile, would have numbered then 1,755,661, and Maryland with the area of Massachusetts, and the population of Maryland of 1860 to the square mile, would have had then a population of only 481,728 upon that basis, leaving- Massachusetts in 1860, 1,273,393 more people than Maryland. By the census of 1790, Massachusetts was the fourth in population of all the States, and Maryland the sixth ; but in 1860, Massachusetts was the seventh, and Maryland the nineteenth ; and if each of the thirty-four States increases in the same ratio from 1860 to 1870, as from 1850 to I860, Mary- land will be only the twenty-fifth State. These facts all conclusively attest the terrible effects of slavery on Maryland, and this is only one of the dreadful sacrifices she has made in retaining- the institution. As to wealth, power, and intellec- tual development, the loss cannot be overstated. Nor can manufactures account for the difference, 9 as shown by the still greater increase of the agri- cultural North- West. Besides, Maryland (omitting- slavery) had far greater natural advantages for manufactures than Massachusetts. She had a more fertile soil, thus furnishing cheaper food to the work- ing classes, a larger and more accessible coast, and nearly eight times the length of navigable rivers, greater hydraulic power, vast superiority in mines of coal and iron, a far more salubrious climate, cotton, the great staple of modern industry, much nearer to Maryland, her location far more central for trade with the whole Union, and Baltimore, her chief city, nearer than Boston to the great West, viz. : to the Ohio at Pittsburg and Cincinnati, the Mississippi at St. Louis, and the lakes at Cleveland, Toledo, and Chicago, by several hundred miles. Indeed, but for slavery, Maryland must have been a far greater manufacturing as well as commercial State than Massachusetts and as to agriculture, there could be no comparison. But Massachusetts did not become a manufac- turing* tate until afer the tariff of 1824. That measure, as well as the whole protective policy, Massachusetts earnestly opposed in 1820 and 1824, and Daniel Webster, as her representative, de- nounced it as unconstitutional. From 1790 to 18*20 Massachusetts was commercial, not manufacturing-, and yet, from 1790 to 1820, Massachusetts increased in numbers 144,442, and Maryland in the same time only 87,622. Yet, from 1790 to 1820, Massachu- 10 setts, the most commercial State, was far more injured by the embargo and the late war with Eng- land than any other State. It is clear, then, that the accusation of the seces- sion leaders that the North was built up at the ex- pense of the South, by the tariff, can have no application to the progress of Massachusetts and Maryland, because the advance of the former over the latter preceded by more than thirty years the adoption of the protective policy, and a comparison of the relative advance of the free and slave States, during the same period, exhibits the same results. There is one invariable law, whether we compare all the slave States with all the free States, small States with small, large with large, old with old, new with new, retarding the progress of the slave- holding States, ever operating, arid differing in de- gree only. The area of the nine free States enumerated in 1790, is 169,668 square miles^ and of the eight slaveholding States 300,580 square miles, while the population of the former in 1790 was 1,968,455, and of the latter, 1,961,372 ; but, in 1860, these nine free States had a population of 10,594^168, and those eight slave States only 7,414 ; 684, making the difference in favour of these free States in 1860 over those slave States, 3,179,844, instead of 7,083 in 1790, or a positive gain to those free States over those slave States of 3,172,761. These free States, enumerated in 1790 and I860, were the six New 11 England States New York, New Jersey, and Pennsylvania ; and the slave States were, Delaware, Maryland, Virginia, North and South Carolina, Georgia, Tennessee, and Kentucky yet. we have seen that the area of those slave States was nearly double that of those free States, the soil much more fertile, the climate more salubrious, as shown by the census, that the shore line, including main shore, bays, arid sounds, islands and rivers, to head of tide water, was, for those free States, 4,480 miles, and for those slave States, 6560 miles. Thus, it is clear, that the increase of population of these slave States should have far exceeded that of those free States. The population of these slave States per square mile in 1790 was six (6.52), and in 1860, 24 (24.66), and of those free States in 1790, was 11 per square mile (11.60), and in 1860, 62 per square mile (62.^4). Thus, while the increase of those slave States from 1790 to 1860 was only 18 per square mile, that of those free States was nearly 51 per square mile (50.84), or in very nearly a triple ratio, while in wealth and education the proportionate progress was much greater. No cause except slavery can be assigned for this wonderful difference, for the colonists of Maryland were distinguished for education, intelligence, and gentle culture. Lord Baltimore was a statesman and philanthropist, and his colony was a free repre- sentative government, which was the first to repu- diate the doctrine of taxation without representation, 12 and the first to introduce religious toleration. While Maryland has produced many of the most eminent soldiers, statesmen, and jurists, her relative decline in power^ wealth and population, has been deplo- rable, and is attributable exclusively to the para- lysing- effect of slavery. While the advance of Massachusetts, with her limited area and sterile soil, especially in view of the thousands of her native sons who have emigTated to other States, is one of the wonders of the world, yet, the relative increase of the population of New Jersey, from 1790 to I860., compared with that of Maryland, is still greater than that of Massachusetts. The law is inflexible wherever slavery disappears. Popula- tion of New Jersey in 1790, 184-139, in 1860, 672,035, being- an increase of 264 per cent. (264.96) for New Jersey, of 225 per cent. (225.06) for Mas- sachusetts, and for Maryland 114 per cent, (114.88)- The ratio of increase per square mile from 1790 to 1860 was: Massachusetts. 48.55 in 1790, and 157.82 in 1860; Maryland, 28.74 in 1790, and 61.76 in 1860; and New Jersey, 22.01 in 1790, and 80.70 in 1860. Thus, while Maryland from 1790 to 1860, little more than doubled her ratio of increase per square mile (28.74 to 61.76), and Mas- sachusetts little more than tripled her ratio (48.55 to 157.82), New Jersey very nearly quadrupled hers (22.01 to 80.70). It must be conceded, however, that the natural advantages of New Jerse} T are far greater than those of Massachusetts, whose material 13 and intellectual progress, in defiance of such serious obstacles, now is, and, most probably for ever will be, without a parallel Now the area of New Jersey is but 8,320 square miles ; the soil of Maryland is far more fertile, the hydraulic power much greater, the shore line much more than double, viz. : 531 for New Jersey, to 1,336 for Maryland; while New Jersey, with rich iron mines, has no coal, and one- third of her area is south of the celebrated Mason and Dixon's line, the northern boundary of Mary- land. While the free States have accomplished these miracles of progress, they have peopled eleven vast Territories (soon by subdivision to become many more States), immigration to which has been almost exclusively from the North, as compared with the South. The slave State which has increased most rapidly to the square mile of all of them from 1790 to 186.0, has had a smaller augmentation per square mile than that free State which has increased most slowly per square mile during the same time of all the free States, and the result is the same as to wealth and education also. Under the best circumstances for the slave States, and the worst for the free States, this result proves the uniformity of the rule (like the great law of gravitation), knowing no exception to the effect of slavery, in depressing the progress of States in population, wealth, and education. The isotherm als of the great Humboldt, (differing so widely from parallels), which trace the lines of 14 temperature on the earth's surface, prove, as to heat, the climate of the South (running- a line from Charleston to Vicksburg) to be substantially the same as that of Greece and Italy each, in its turn, the mistress of the world. The census of 1860 exhibits our increase of popu- lation from 1790 to 1860 at 35.59 per cent,, and of our wealth 126.45. Now, if we would increase the wealth of the country only one tenth in the next ten years, by the gradual disappearance of slavery (far below the results of the census), then, our wealth being- now $ 16,1 59,61 6,068, the effect of such in- crease would be to make our wealth in 1870, instead of $36,593,450,585, more than sixteen hundred millions greater, and in 1880, instead of $82,865,- 868,849, over three billions six hundred millions, or more than three times our present debt. Before the close of this letter, it will be shown that the difference, per capita, of the annual pro- ducts of Massachusetts and Maryland exceeds $150. As to the other Southern States, the excess is much greater. Now, if the annual products of the South were increased $150 each^r capita (still far below Massachusetts) by the exclusion of slavery, then multiplying* the total population of the South, 12,229,727, by 150, the result would be an addition to the annual value of the products of the South of $1,834,456,050, and in the decade, $18,344,580,- 500. This change would not be immediate, but there can be no doubt that with the vastly greater 15 natural advantages of the South, the Superiority of free to slave labour, the immense im migration, espe- cially from Europe to the South, aided by the Home- stead bill, and the conversion of large plantations into small farms, an addition of at least one billion of dol- lars would be made in a decade, by the exclusion of slavery, to the value of the prod ucts of the South. Having- considered the relative progress in popu- lation of Massachusetts and Maryland, I will now examine their advance in wealth. By tables 33 and 36, census of 1860, the value of the products of Massachusetts that year was $287,- 000,000 ; and of Maryland, $66,000,000, Table 33 included domestic manufactories, mines, and fisheries (p. 59) ; and table 36, agricultural products. Dividing- these several aggregates by the total popu- lation of each State, the value of that year's product of Massachusetts was $235, per capita, and of Maryland, $96, making- the average annual value of the labour of each person in the former greatly more than double that of the latter, and the gross product more than quadruple. This is an amazing* result, but it is far below the reality. The earnings of commerce and navigation are omitted in the census, which includes only the products of agricul- ture, manufactures, the mines, arid fisheries. This was a most unfortunate omission, attributable to the secession leaders, who wished to confine the cen- sus to a mere enumeration of population, and thus 10 obliterate all the other great decennial monuments which mark the nation's progress in the pathway of empire. Some of these tables are given as follows : First, as to Railroads. The number of miles in Massachusetts in 1860 (including- city roads) was 1,340, and the cost of construction $61,857,203 (table 38, pp. 230, 231). The value of the freight of these roads in 1860 was $500,524, 201 (p. 105). The number of miles of railroad in Maryland at the same time was 380, the cost of construction $21,387,157, and the value of the freight (at the same average rate) $141,111,348, and the differ- ence in favour of Massachusetts $359,412,883. The difference must have been much greater, be- cause a much larger portion of the freight in Massachusetts consisted of domestic manufactures, worth $250 per ton, which is $100 a ton above the average value. The passengers' account, not given, would vastly swell the difference in favour of Massachusetts. The tonnage of vessels built in Massachusetts in 1860 was 34,460 tons, and in Maryland, 7,798 tons (p. 107). The number of banks in Massachusetts in 1860 was 174; capital, $64,519,200; loans, $107,417,- 323. In Maryland, the number was 31 ; capital $12,568,962; loans, $20,898,762 (table 34, p. 193). The number of insurance companies in Massa- 1? chusetts 117; risks, $450,896,263. No statement given for Mainland, but comparatively very small, as the risks in Massachusetts were nearly one sixth of all in the Union. Our exports abroad, from Massachusetts, for the fiscal year ending- 30th June, I860, were of the value of $17,003,277, and the foreign imports $41,187,539; total of imports aud exports, $58,- 190,816; the clearances 746,909 tons, the entries 849,449; total entered and cleared, 1,596,458 tons. In Maryland, exports $9,001,600, foreign imports $9,784,773; total imports and exports, $18,786,323; clearances, 174,000 tons; entries, 186,417 ; total of entries and clearances, 360,417 (table 14, Register of Treasury). Thus, the foreign imports and exports abroad, of Massachusetts, were much more than triple those of Maryland, and the entries and clearances very largely more than quadruple. The coastwise and internal trade are not given, as recommended by me when Secretary of the Treasury, but the tables of the railroad traffic indicate in part the immense superiority of Massa- chusetts. These statistics, however, prove that, if the earn- ings of commerce and navigation were added, the annual value of the products of Massachusetts per tapita would be at least $300, and three times that of Maryland. In estimating values per capita, we must find the earnings of com- merce very large, as a single merchant, in his 18 counting* house, engaged in an immense trade, and employing* only a few clerks, may earn as much as a great manufacturing corporation, employing hun- dreds of hands. Including commerce, the value per capita of the products and earnings of Massa- chusetts exceeds not only those of any State in our Union, BUT OF THE WORLD ; and would, at the same rate, make the value of its annual products three hundred billions of dollars ] and of our own country, upward of nine billions of dollars per annum. Such, under great natural disadvantages, is the grand result achieved in Massachusetts, by education, science, industry, free schools, free soil, free speech, Jrce labour y free press, and free govern- ment. The facts prove that freedom is progress, that ( knowledge is power/ and that the best way to appreciate the value of property and augment wealth most rapidly, is to invest a large portion of it in schools, high schools, academies, colleges, uni- versities, books, libraries, and the press, so as to malte labour more productive, because more skilled, educated, and better directed. Massachusetts ha> achieved much in this respect ; but when she shall have made high schools as free and universal as common schools, and the attendance on both com- pulsory, so as to qualify every voter for governing a State or nation, she will have made a still grander step in material and intellectual progress, and the results would be still more astounding. By table 3o of the census, p. 195, the whole 19 value of all the property, real and personal, of Mas- sachusetts, in 1860, was $815/237,433, and of Maryland, $376,919,944. We have seen that the value of the products that year in Massachusetts was $287,000,000 (exclusive of commerce), and of Maryland, $66,000,000. As a question, then, of profit on capital, that of Massachusetts was 35 per cent., and of Maryland 17 per cent. Such is the pro- gressive advance (more than two to one) of free as compared with slave labour. The same law obtains in comparing- all the free with all the slave States. But the proof is still more complete. Thus, Delaware and Missouri (alone of all the slave States) were ahead of Maryland in this rate of profit, because both had comparatively fewer slaves j and all the other slave States, whose servile population was re- latively larger than that of Maryland, were below her in the rate of profit. The law extends to coun- ties, those having- comparatively fewest slaves in- creasing- far more rapidly in wealth and population. This, then, is the formula as to the rate of profit on capital. First, the free States ; next, the States and counties of the same State ha vino- the fewest o relative number of slaves. The census, then, is an evang'el against slavery, and its tables are revela- tions proclaiming- laws as divine as those written by the finger of God at Mount Sinai on the tables of stone. For seventy years we have had these census tables, announcing' these great truths more and more clearly at each decade. They are the records 20 of the nation's movement and condition, the decen- nial monuments marking- her steps in the path of empire, the oracles of her destiny. They are pro- phecies, for each decade fulfills the predictions of its predecessor. They announce laws, not made by man, but the irrevocable ordinances of the Almighty. We cannot, with impunity, refuse to obey these laws For every violation, they enforce their own penalties. From these there is no escape in the present or the past, nor for the future, except in conformity to their demands. These laws condemn slavery ; and the punishment for disobedience is re- corded in the result of every census, and finally cul- minated in the rebellion. Slavery and freedom are antagonistic and discordant elements : the conflict between them is upon us ; it admits of no neutrality or compromise, and one or the other system must perish. We have seen that, slavery is hostile to the pro- gress of wealth and population : let us now ascer- tain its influence on moral and intellectual develop- ment, By table 15 of the census of 1860, the result for that year was as follows: In Massachusetts, value of books printed, $397,500; jobs, $529,347; news- papers, $1,979,069; total, $2,905,916. Same year in Maryland, books printed, $58,000 ; jobs, $122,000; Tiewspnpers, $169,000; total, $350,155. By table 37, census of 1860, Massachusetts had 22 - ; newspapers and periodicals, of which 112 were political, 31 religious, 51 literary, miscellaneous, 21 28. Maryland had only 57, all political. The whole number of copies issued in Massachusetts in 1860 was 102,000,760,and inMaryland,20,721,472. Of periodicals, Massachusetts has monthly, 1 politi- cal, 10 religious, 18 literary, 7 miscellaneous; quar- terly, religious 3, literary 2, miscellaneous 1, and 1 annual. Maryland had none. Not a religious, literaiy, scientific, or miscellaneous periodical or journal in the State ! What terrible truths are un folded in these statistics ! None hut a political party press in Maryland, all devoted, in 1860, to the maintenance, extension, and perpetuity of slavery, which had 57 advocates, and not one for science, religion, or literature. We have seen that the circulation in 1860 of the press in Massachusetts exceeded that of Maryland by more than eighty-one millions of copies. These facts all prove that slavery is hostile to knowledge and its diffusion, to science, literature, and religion, to the press, and to free government. For schools, colleges, libraries, and churches, I must take the tables of the census of 1850, those of 1860 not being yet published. There were in 1850 in Massachusetts, 3,679 public schools, 4,443 teachers, 176,475 pupils; native adults who cannot read or write, 1,861. In Maryland, 907 public schools, 1,005 teachers, 33,254 pupils ; native adults who cannot read or write, 38,4*26, excluding slaves, to teach whom is criminal. Thus, then, slavery is hostile to schools, with- holding instruction from the children of the poor. 22 The number of public libraries in Massachusetts was 1,46:2, volumes 684,015. In Maryland, 124, and 125,042 volumes. Value of churches in Massa- chusetts, $10,206,000. In Maryland, $3,947,884, of which $2,541,240 is in Baltimore (which has very few slaves), and the remainder is mainly in the seven counties (from which slavery has nearly disappeared) adjoining- Pennsylvania. As to schools, colleges, books, libraries, churches, newspapers, and periodicals, it thus appears that Massachusetts is gTeatly in advance of Maryland. Now then, let us contrast loyal Maryland with rebel South Carolina, the author of secession, and assuming- for many years to instruct the nation. By the census of 1860, she had a population of 703,708, of whom 402,406 were slaves ; and Maryland, num- bering- 68? 3 049, had 87,189 slaves. Now, by the census of 1860, South Carolina had 45 journals and periodicals, and her annual circulation was 3,654,840 copies. The circulation therefore of Massachusetts exceeded that of South Carolina more than ninety-eight millions of copies, while Maryland exceeded South Carolina more than seventeen mil- lions of copies. So much for South Carolina, as a great political teacher. As to schools in 1850 : South Carolina had 724 public schools, 739 teachers, 1 7,838 pupils. Massachusetts, then, had 158,637 more pu- pils at public schools than South Carolina, and Mary- land 15,416 more pupils at public schools than South Carolina. S3 The press of Massachusetts, we have seen, circu- lated in 1860 upward of one hundred and two mil- lions of copies, equal to 279,454 per day 3 including* journals and periodicals, each read, on an average, by at least two persons. This is independent of books and pamphlets, and of the very larg*e circulation of papers from other States and from Europe. What u flood of light is thus shed daily and hourly upon the people of Massachusetts ! This intellectual effulgence radiates by day and nig-ht. It is the sun in its meridian splendour, and the stars in an ever unclouded firmament. It has a centre and a circumference, but knows no darkness. Ig-norance vanishes before it ; wealth follows in its train ; labour rejoices in its association, and finds its pro- ducts more than doubled ; freedom hails its presence, and religion gives it a cordial welcome 5 churches, schools, academies, colleges, and universities acknow- ledge its mighty influence. Science penetrates the secrets of nature, and unfolds each new discovery for the benefit of man. Coal, the offspring of the sun, develops its latent energy, and water contri- butes its untiring hydraulic power. Machinery takes more and more the place of nerves and muscles, cheapens clothing and subsistence and all the neces- saries of life, and opens new fields of industry, and more profitable employment for labour. Steam and lightning* become the slaves of man. He performs the journey of a day in an hour, and converses in minutes around the globe. The strength of man may not have been much increased, but his power 24 is augmented a thousand-fold. His life may not have been materially lengthened, but, in the march of knowledge, a year now is as a century, compared with man's progress in the darkness of the middle ages. The eternal advance towards omniscience goes on, but is like that of the infinite approach of the asymptote, which never reaches the hyperbolic curve. The onward march of science is in a geo- metrical ratio, so that in time, the intellectual pro- gress of a day in the future, must exceed that of a century in the past. Knowledge is enthroned as king, and grand truths and new ideas are his minis- ters. Science takes the diameter of the earth's orbit as a base line and unit of measurement, and with it spans immensity, and triangulates the nebulous systems amid the shadowy verges of receding space. Its researches are cosmical upon the earth and the heavens, and all the elements minister to its pro- gress. Sink to the lowest mine, or fathom the ocean's depth, or climb the loftiest mountains, or career through the heavens on silken wings, and it is there also. On on on; nearer nearer still nearer it moves forever and forever, with accelerated speed, toward the infinite eternal. Such are the triumphs of knowledge ; and he who diffuses it among our race, or discovers and disseminates new truths, advances man nearer to his Creator ; he exalts the whole race ; he elevates it in the scale o^ being, and raises it into higher and still higher spheres. It is science that marks the speed of sound and 25 light and lightning, calculates the eclipses, cata- logues the stars, maps the heavens, and follows, for centuries of the past and the future, the comet's course. It explores the animal, vegetable, and mineral kingdoms. With geology, it notes the earthquake upheaval of mountains, and, with mine- ralogy, the laws of crystallization. With chemistry, it analyzes, decomposes, and compounds the ele- ments. If, like Canute, it cannot arrest the tidal wave, it is subjecting it to laws and formulas. Taking the sunbeam for its pencil, it heliographs man's own image, and the scenery of the earth and the heavens. Has science any limits or horizon ? Can it ever penetrate the soul of man, and reveal the mystery of his existence and destiny ? It is cer- tainly exploring the facts of sociology, arranging and generalizing them, and deducing laws. Man, elevated by knowledge in the scale of being, controls the forces of nature with greater power and grander results, and accumulates wealth more rapidly. The educated free labour of Massa- chusetts, we have seen, doubles the products of toil, per capita, as compared with Maryland, and quad- ruples them (as the census shows) compared with South Carolina. One day's labour of a man in Mas- sachusetts is more than equal to two in Maryland, and four in South Carolina. So, if we take our savage tribes, with their huts and tents, their rude agricul- ture, their furs, their few and simple household manufactures, their hunting and fishing, the average c 26 product of their annual labour, at four dents a day each, would be $14.60 a year, or more than a fourth of that of South Carolina (56.91). So that Massa- chusetts, in material progress, is farther in advance of South Carolina than that State is of the savage Indians. Thus we have the successive steps and gradations of man : Massachusetts, with free labour and free schools, having reached the highest point of civilization : South Carolina, with slavery and ignorance (except the few), in a semi-barbarous stage j and the lowest savage condition, called bar- barous, but nearer to South Carolina than that State to Massachusetts. Slavery, then, the census proves, is hostile to the progress of wealth and population, to science, litera- ture, and education, to schools, colleges, and univer- sities, to books and libraries, to churches and reli- ' gion, to the press, and therefore to free government j hostile to the poor, keeping them in want and igno- rance j hostile to labour, reducing it to servitude, and decreasing two-thirds the value of its products ; hostile to morals, repudiating among slaves the marital and parental condition, classifying them by law as chattels, darkening the immortal soul, and making it a crime to teach millions of human beings to read or write. And shall labour and education, literature and science, religion and the press, sustain nn institution which is their deadly foe ? The discussion will be continued in my next letter. E. J. WALKEE. AMERICAN FINANCES AND RESOURCES, LETTER No. IV. OP HON. ROBERT J. WALKER, M.A. COUNSELLOR AT LAW IN THE SUPEEME COURT OF THE UNITED STATES, LATE LAW REP. MI., SENATOR OF THE UNITED STATES, SECRETARY OF THE TREASURY, COMMISSIONER TO CHINA, GOVERNOR OF KANSAS, ETC., ETC. LONDON : WILLIAM KIDGWAY, 169, PICCADILLY, W. 1864. 10, Half Moon Street, Piccadilly. Jan. 1st, 1864. IN my third and last letter on American Finances and Resources, the effect of the substitution of free for slave labour in the United States by the abolition of slavery was discussed. In that letter it was shown by the official American census of 1860 ; that the product that year, per capita, of Massachusetts was $235 } per capita, Maryland $96 , and of South Carolina $56. Massachusetts had no slaves ; Maryland, 87,189 ; and South Carolina, 402,406. Thus we see the annual value of the products of labour decreased in proportion to the number of Slaves. In further proof of the position assumed in that letter, that the progress of of wealth, of population, and education in the United States was most injuriously affected by slavery, I now present other official facts from our census of 1860. My first comparison will be that of the free State of New York with slave-holding- Virginia. By the census, the population of Virginia in 1790 was 748,308, and in 1860, 1,596,318, making- the ratio of increase 113.33 per cent. In 1790, New York numbered 340,120, and in 1860, 3,880,735, the ratio of increase being 1,040.99. (Table 1, A Prelim. Census Rep., p. 132.) Thus, the rate of increase in New York exceeded that of Virginia more than nine to one. In 1790, the population of Virginia was largely more than double that of New York. In 1860, the population of New York was very largely more than double that of Virginia. In 1790, Virginia, in population, ranked first of all the States, and New York the fifth. In 1860, they had reversed their positions, and New York was the first, and Vir- ginia the fifth. (Rep., p. 120.) At the same rate of progress, from 1800 to 1900, as from 1790 to 1860, Virginia, retaining slavery, would have sunk from the first to the twenty-first State, arid would still continue, at each succeeding decade, descending the inclined plane toward the lowest position of all the States. Such has been, and still continues to be, the effect of slavery, in dragging down that once great State from the first toward the last in rank in the Union. But if, as in the absence of slavery must have been the case, Virginia had increased from 1790 to 1860 in the same ratio as New York, her population in 1860 would have been 7,789,141., and she must always have remained the first in rank of all the States. AREA. The natural advantages of Virginia far- exceed those of New York. The area of Virginia is 61,352 square miles, and that of New York, 47,000. The population of Virginia per square mile in 1790 was 12.19, and in 1860, 26.02. That of New York, in 1790, was 7.83, and in I860, 84 ; 36. Now, if New York, with her present numbers per square mile, had the area of Virginia, her popula- tion, in 1860, would have been 5,175,654, and that of Virginia, reduced to the area of New York, on the basis of her present numbers per square mile, would have been 1,320,000. This illustrates the immense effect of area, as one of the great elements influencing 1 the progress of population. But, won- derful as are these results, the great fact is omitted in this calculation, that Virginia, in 1790, had largely more than double the population of New York. Thus, if we reverse the numbers of New York and Virginia in 1790, and take the actual ratio of increase of each for the succeeding seventy years, the population of Virginia, in 1860, would have been 728,875, and that of New York, as we have seen, would have been 7,789,141, making the difference exceed seven millions, or very largely more than ten to one. Reverse the areas also, and the difference would exceed eight millions. SHORE LINE. As furnishing cheap and easy access for imports and exports, creating marts for commerce with great cities, and affecting the in- terior most beneficially, the shore line, with ade- quate harbours, constitutes a vast element in the progress of states and empires. Now, by the last tables of the United States coast survey, the shore line of Virginia was 1,571 miles, and of New York 725 miles. The five great parallel tide- water rivers G of Virginia, the Potomac, the Rnppahnnnock, the York river, James river, and Roanoke (partly in North Carolina), with their tributaries, furnish easy access for hundreds of miles into the interior, with both shores of the noble Chesapeake bay for many miles, as well as its magnificent outlet and the main ocean for a considerable distance, all within the limits of Virginia. We have seen that the coast line of Virginia is largely more than double that of New York, and the harbours of Virginia are more numer- ous, deeper, and much nearer the great valley of the Ohio and Mississippi. By the coast-survey tables, the mean low water in the harbour of New York by Gedney's channel is 20 feet, and at high- water spring- tides is 24.2 ; north channel, 24, mean low water, and 29.1 spring-tides, high water; south channel, 22 and 27.1 ; main ship channel, after passing- S. W. spit buoy, on N. E. course, one mile up the bay, for New York, 22.5-27.06. By the same tables, from capes at entrance of Chesapeake bay to Hampton, at mean low water, 30 feet ; spring 1 tides, hig-h water, 32.8. Anchorag-e in Hampton roads, 59-61.8. From Hampton roads to SewelPs point, 25-27.8. South of Sewell's point (one mile and a half), 21-23.8; up to Norfolk, 23-25.8. From Hampton roads to James river, entering to the northward of Newport News, middle ground, 22-24.8. From Hampton roads to James river, entering to the southward of Newport News, middle ground, 27-29.8. From abreast the tail of York spit, up to Yorktown, 33-35.8. Elizabeth river, between Norfolk and navy yard, 25.5-28.8. When we leave the tide- water rivers for the in- terior navigable streams, Virginia has a vast advan- tage. New York has no such rivers above tide, but Virginia has the Ohio for hundreds of miles, with its tributaries, the Kanawha, Guyandotte, and Big Sandy. It is true, New York has several of the great lakes, and the vast advantage of connection with them through her great canal. But, in the absence of slavery, the canal projected by Washing- ton (preceding that of New York) would have con- nected, through Virginia, the Chesapeake ba} r with the Ohio river. The James river, flowing into the Chesapeake, cuts the Blue Mountains, and the Ka- nawha, a confluent of the Ohio, cuts the Alleg'hany ; thus opening an easy and practicable route for a great canal from the eastern to the western waters. The valley of the lakes, with which New York is connected by her canal, has an area of 335,515 square miles. The valley of the Mississippi, with which the Chesapeake would long since, in the absence of slavery, have been connected by the Vir- ginia canal, has an area of 1,226,600 square miles. The shore line of the Mississippi and its tributaries, above tide water, is 35,644 miles. (Page 35 Com- pend. Census of 1850.) Our shore line of the lakes is 3,620 miles, including bays, sounds, and islands ; and that of the British, 2,629. (Ib. 35.) The connection of the lakes with the Ohio and Mississippi s would be the same for both States, the one being from the lakes to these rivers, and the other from the rivers to the lakes. The location of Virginia is more central than that of New York, and Virginia runs farther west by several hundred miles. , We are so accustomed to look at the connection of New York with the West by her canal, and Virginia with no such union, that it is difficult to realize the great change if Virginia had been connected by her progressing" work with the Ohio and Mississippi, and thence, by the present canals, with the lakes. It is apparent, then, that, as regards easy access to the West, the natural advantages of Virginia surpass New York, and with greater facilities for artificial works. How many decades would be re- quired, after emancipation, to bring the superior natural advantages of Virginia into practical opera- tion, is not the question . j nor do I believe that the city of New York will ever cease to be the centre of our own trade, and ultimately of the commerce of the world. But although Virginia, in adhering to slavery, has lost her supremacy in the Union, it is quite certain that, as a Free State, she would commence a new career of wonderful prosperity, that capital and population from the North and from Europe would flow there with a mighty cur- rent, her lands be doubled in value, and her town and city property far more than quadrupled. MINES. Virginia has vast mines of coal, the great element of modern progress. New York has 9 none. It is coal that has made Great Britain a mighty empire, giving- her power, by land and sea, equal to the manual force of all mankind. It is stated by the Commissioner of the General Land Office, in his report before referred to, of November, 1860, ' that an acre of coal, three feet thick, is equal to the product of 1,940 acres of forest trees ; and each acre of a coal seam four feet in thickness, and yielding- one yard of pure coal, is equivalent to 5,000 tons, and possesses, therefore, a reserve of mechani- cal strength in its fuel, equal to the life .labour of more than 1,600 men.' This statement of the Commissioner is made on the highest authority, and proves the vast natural advantages of Virginia over New York. Virginia, also, has far more abundant mines of iron, more widely diffused over the State, reaching from tide water to the Ohio. She has also these iron mines in juxtaposition with coal and all the fluxes. Vir- ginia, also, has valuable mines of gold, lead, and copper. New York has no gold or copper mines, and produced in 1860 but $800 worth of lead. (Table 14.) HYDRAULIC POWER. Omitting Niagara, which thus far scorns the control of man, the hydraulic power of Virginia very far exceeds that of New York. It is to be found on the Potomac and its tributaries, and upon nearly every stream that flows into the Chesapeake or Ohio. The superior mild- ness of the climate of Virginia makes this power 10 available there for a much greater portion of the year. The great falls of the Potomac, where Wash- ington constructed the largest locks of the continent, has a water power unsurpassed, and is but twelve miles from tide water, at Washington. This point is a most healthy and beautiful location, surrounded by lands whose natural fertility was very great, and, in the absence of slavery, must have been a vast manufacturing city. This water power could move more spindles than are now worked on all this continent. AGRICULTURE AND MANUFACTURES. The na- tural fertility of the soil of Virginia far exceeded that of New York, with a more genial sun, and much more favourable seasons for agricultural pro- ducts, as well as for stock. The number of acres of land in Virginia susceptible of profitable culture, is nearly double that of New York, but much of it has been impoverished by slave labour, scratching and exhausting* the soil, without manure or rotation of crops. The census shows that Virginia has all the products of New York, and cotton in addition. Virginia produced, in 1860, 12,727 bales of cotton (table 36), worth, at present prices, nearly$3,000,000. She also adjoins the States of North Carolina and Tennessee, producing, in 1860, 372,964 bales, worth, at present prices, nearly $90,000,000. Virginia is also much nearer than New York to all the other cotton States. With these vast advantages, with her larger area, more fertile soil, cheaper subsistence, li her coal and iron and great hydraulic power, with so much cotton raised by herself and in adjacent States, Virginia should have manufactured much more cotton than New York. But, by the census (table 22), the value of the cotton manufacture of Virginia in 1850 was $1,446,109, and in 1860, $1,063,61 1 a decrease of one third. In New York, the value of the cotton manufacture in 1850 was $5,019,323, and in 1860, $7,471,961, an increase of over 48 per cent. So, if we look at the tables of mines, manufactures, and the fisheries, with the vastly superior advantages of Virginia, the whole product in 1860 was of the value of $51,300,000, and of agriculture $68,700,000; whilst in New York these values were respectively $379,623,560 and $226,376,440. (Tables of Census, 33 and 36.) CLIMATE AND MORTALITY. By table 6, page 22, of the Census, there were for the year ending June 1st, 1860, 46,881 deaths in New York, being 1 in every 82 of the population, and 1.22 per cent. The number of deaths in Virginia, in the same year, was 22,472, being 1 in every 70 of the population, or 1.43 per cent. There was, then, a slight difference in favour of New York. But Virginia is divided into four geographical sections ; the tide-water, the Piedmont (running from the tide-water region to the Blue Mountains), the valley between these mountains and the Alleghanies, and the trans-Alle- ghany to the Ohio. These three last sections, con- taining three-fourths of the area and white popula- tion of the State, surpass New York in salubrity, with the most bracing- and delightful climate. The climate of Virginia is far more favourable for stock and agricultural products than New York, with longer and better seasons, and is more salubrious than the climate of Europe (Comp. 1850). PKOGEESS OF WEALTH. We have seen how great was the advance in population of New York over Virginia, from 1790 to 1860, being in the ratio of more than 9 to 1. Now let us compare the re- lative progress of wealth. It is contended by the advocates of slavery, that it accumulates wealth more rapidly, and thus enriches the nation, although it may depress its moral and intellectual development, its increase of numbers and of power, and tarnish its reputation throughout the world. As population and its labour create wealth, it must be retarded by a system which, as we have seen in this case, diminishes the relative advance of numbers in the ratio of more than 9 to 1. But the census proves that slavery greatly retards the increase of wealth. By tables 38 and 36 of the census of 1860, it appears, omitting commerce, that the products of industry, as given, viz., of agriculture, manufactures, mines, and fisheries, were that year in New York $606,000,000, or $156 per capita; and in Virginia $120,000,000, or $75 per capita. This shows a total value of product in New York more than five times greater than in Virginia, and per capita more than 2 to 1. If we include the earnings of com- 13 merce, and all business not given in the census, I think it will be shown hereafter, that the value of the products and earnings of New York, in 1860, exceeded those of Virginia at least 7 to 1. As to the rate of increase, the value of the products of agriculture, manufactures, mines and fisheries of Vir- ginia, in 1850, was 184,180,428 (table 9), and in New York $358,736,603, showing an increase in Virginia from 1850 to 1860 of $85,519,572, being 41 per cent, and in New York $249,263,397, being 70 per cent., exhibiting a difference of 29 per cent. Now the increase of population in Virginia from 1850 to 1860 was 12.29 per cent., and in New York 25.29 per cent., the difference being only 13 per cent. (Table 1, p. 131.) Thus, it appears, the in- crease of wealth in New York, exclusive of the gains of commerce, as compared with Virginia, was more than double the ratio of the augmentation of population. By the census table of 1860, No. 35, p. 195, 'The true value of the real and personal property, according to the eighth census was, New York, $1,843,338,517, and of Virginia $793,249,681.' Now we have seen the value of the products of New York in 1860 by the census was $606,000,000, and in Virginia $120,000,000. Thus, as a question of the annual yield of capital, that of New York was 34 per cent., and Vir- ginia 15 per cent. ; the annual product of capital being more than double in New York what it was in Virginia, The problem then is solved in Virginia, 14 as it was in Maryland and South Carolina, and all the South compared with all the North, that slavery retards the progress of wealth and accumulation of capital, in the ratio of 2 to 1. Our war taxes may be very great, but the tax of slavery is far greater, and the relief from it, in a few years, will add much more to the national wealth than the whole deduction made by the war debt. Our total wealth, by the census of 1860, being, by table 35, $16,159,616,068, one per cent, taken annually to pay the interest and gradually extinguish the war debt, would be $161,596,160; whereas, judging by Virginia and New York, the diminished increase of the annual product of capital, as the result of slavery, is 2.10 per cent, or $453,469,250 per annum, equal in a decade, without compounding the annual results, to $4,534,692,500. That our population would have reached in 1860 nearly 40,000,000, and our wealth have been more than doubled, if slavery had been extinguished in 1790, is one of the revelations made by the census ; whilst in science, in education, and national power, the advance would have been still more rapid, and the moral force of our example and success would have controlled for the benefit of mankind the insti- tutions of the world. By table 36, p. 196, of the census of 1860, the cash value of the farms of Virginia was $371,096,211, being $11,91 per acre, and of New York $803,343,593, being $38.26 per acre. Now, 15 by the table, the number of acres embraced in these farms of New York was 20,992,950, and in Vir- ginia 31,014,950, the difference of value per acre being* $25.36, or much more than 3 to 1 in favour of New York. Now, if we multiply this number of acres of farm lands of Virginia by the New York value, it would make the total value of the farm lands of Virginia $1,186,942,136, and the addi- tional value caused by emancipation $815,845,925. But, stupendous as is this result in regard to lands, it is far below the reality. We have seen that the farm lands of Virginia, improved and unimproved, constituted 31,014,950 acres. By the census and the land-office tables, the area of Virginia is 39,265,280 acres. Deduct the farm lands, and there remain unoccupied 8,250,330 acres. Now, Vir- ginia's population to the square mile being 26.02, and that of New York 84.36, with an equal density in Virginia, more than two-thirds of these Virginia lands, as in New York, must have been occupied as farms. This would have been equivalent, at two- thirds, to 5,500,000 acres, which, at their present average value of $2 per acre, would be worth $11,000,000 $ but, at the value per acre of the New York lands, these 5,500,000 acres would be worth $206,430,000. Deduct from this their present value, $11,000,000, and the remainder, $195,430,000, is the sum by which the unoccupied lands of Virginia, converted into farms, would have been increased in value by emancipation. Add this to the enhanced value of their present farms, $815,845,925, and the 16 result would be $1,011,275,925, as the gain of Vir- ginia in the value of lands by emancipation. To these we should add, from the same cause, the en- hancement of the town and city property in Vir- ginia to the extent of several hundred millions of dollars. In order to realize the truth, we must behold Virginia as she would have been, with New York railroads and canals, farms, manufactures, commerce, towns, and cities. Then we must con- sider the superior natural advantages of Virginia, her far greater area, her richer soil, her more genial sun, her greater variety of products, her mines of coal, iron, gold, copper, and lead, her petroleum, her superior hydraulic power, her much larger coast line, with more numerous and deeper harbours and re- flect what Virginia would have been in the absence of slavery. Her early statesmen, Washington, Jefferson, Madison, Monroe, Mason, Tucker, and Marshall, all realized this great truth, and all desired to promote emancipation in Virginia. But their advice was disregarded by her present leaders the new, false, and fatal dogmas of Calhoun were sub- stituted ; and, as a consequence, Virginia, from the first rank (longo mtervallo) of all the States, has fallen to the fifth, and, with slavery continued, will descend still more rapidly in the future than in the past. By census table 36, p. 197, the value, in 1860, of the farm lands of all the Slave States, was $2,570,466,935, and the numbers of acres 245,721,- 062, worth $10.46 per acre. In the Free States, 17 the value of the farm lands was 4,067,9 47,286, and the number of acres 161,402,008, worth $25.19 per acre. Now if, as certainly in the absence of slavery would have been the case, the farm lands of the South had been worth as much per acre as those of the North, their total value would have been $6,189,713,551, and, deducting- the present price, the additional cash value would have been $3,019,246,616. But if, to this, we add the increased value of the unoccupied lands of the South, by multiplying- them by the difference between their value per acre and that of the unoccupied lands of the North, the result is 52,240,000,000, which, added to that of the farm lands, makes $5,859,246,610 as the aug-mented value of the lands of the South caused by emancipation. By census tables of 1860, 33 and 36, the total value of the products of agriculture, manufactures, mines, and fisheries in the Free States was $4,150,- 000,000, and of the Slave States $1,140,000,000, making the products of the Free States in 1860 nearly 4 to 1 of the Slave States, and $217 per capita for the Free States, and for the Slave States $93 per capita. This is exclusive of commerce, which would greatly increase the ratio in favour of the North, that of New York alone being- nearly equal to that of all the Slave States. Now, multi- ply the population of the Slave States by the value of the products per capita of the Free States, and the result is $2,653,631,032, making-, by emancipa- B 18 tion, the increased annual product of the Slave States $1,511,031,032, and in ten years, exclusive of the yearly accumulations, $15,110,310,820. By the table 35, census of I860, the total value of all the property, real and personal, of the Free States, was $10,852,081,681, and of the Slave States, $5,225,307,034. Now, the product, in 1860, of the Free States, being- $4,150,000,000, the annual yield on the capital was 39 per cent. ; and, the product of the Slave States being 1 $1,140,- 000,000, the yield on the capital was 22 per cent. This was the g'ross product in both cases. I have worked out these amazing- results from the census tables, to illustrate the fact, that the same law, by which slavery retarded the progress of wealth in Virginia, as compared with New York, and of Maryland and South Carolina, as compared with Massachusetts, rules the relative advance in wealth of all the Slave States, as compared with that of all the Free States. I have stated that the statistics of commerce, omitted in these tables, would vastly increase the difference in favour of the Free States as compared with the Slave States, and of New York as contrasted with Virginia. I shall now resume the latter inquiry, so as to complete the comparison between New York and Virginia. By commerce is embraced, in this examination, all earning- not included under the heads of agriculture, manufactures, the mines, or fisheries. RAILROADS. The number of miles of railroads 10 in operation in New York, in 1860, including- city roads, was 2,842 miles,* costing 1 $138,395,055 ; and in Virginia, 1,771 miles, costing- $<54,958,807. (Cen- sus table of 1860, No. 38. pp. 230 and 233.) Now, by the same census report, p. 105, the value of the freights of the New York roads for 1860 was as follows : Product of the forest tons carried, 373,- 424; value per ton, $20; total value, $7,468,480. Of animals 805,519 tons; value per ton, $200} total value, $179,103,800. Vegetable food 1,- 103,646 tons; value per ton, $50; total value, $55,- 182,000. Other agricultural products 143,219 tons; value per ton, $15; total value, $2,148,055. Manufactures 511,916 tons ; value per ton, $500 ; total value, $391,905,500. Other articles 930,- 244 tons ; value $10 per ton, total value, $9,302,- 440. Grand total, 4,741,773 tons carried; value per ton, $163. Total values, $773,089,275. De- ducting- one quarter for duplication, makes 3,556,- 330 tons carried on the New York roads in 1860; and the value, $579,681,790. The values of the freights on the Virginia roads, as estimated, is $60,- 000,000, giving an excess to those of New York of $519,681,790, on the value of railroad freig-hts in 1860. The passeng-er account, not given, would largely increase the disparity in favour of New York. CANALS. The number of miles of canals in New York is 1,038, and their cost $67,567,972. In Virginia, the number of miles is 178, and the cost * Now over 3000 miles. B 2 20 $7,817,000. (Census table 39, p. 238.) The esti- mated value of the freight on the New York canals is 19 times that of the freight on the Virginia ca- nals. (Census.) TONNAGE. The tonnage of vessels built in New York in 1860 was 31,936 tons, and in Virginia 4,372. (Census, p. 107.) BANKS. The number of banks in New York in 1860 was 303 ; capital $111,441,320, loans $200,- 351,332, specie $20,921,545, circulation $29,959,- 506, deposits $101,070,273 ; and in Virginia the number was 65; capital $16,005,156, loans $24,- 975,792, specie $2,943,652, circulation $9,812,197, deposits $7,729,652. (Table 34, p. 193, Census.) INSURANCE COMPANIES. The risks taken in New York were $916,474,956, or nearly one third of those in the whole Union. Virginia, estimated at $100,000,000 ; difference in favour of New York $816,474,956. (Census, p. 79.) EXPORTS AND IMPORTS, ETC. Our exports abroad from New York for the fiscal year ending 30th June, 1860, were $145,555,449, and the foreign imports $248,489,877 ; total of both, $394,- 045,326. The clearances same year from New York were 4,574,285 tons, and the entries 4,836,448 tons ; total of both, 9,410,733 tons. In Virginia, the exports the same year were $5,858,024, and the im- ports $1,326,249; total of both, $7,184,273; clear- ances, 80,381 tons, entries, 97,762 tons; total of both, 178,143 tons. (Table 14, Register of United States 21 Treasury.) Eevenue collected from customs same year in New York, $37,788,969, and in Virginia $189,816, or 200 to 1 in favour. of New York. (Tables, U. S. Com. of Customs.) No returns are given for the coastwise and internal trade of either State, but the tables of the railway and canal transportation of States show nearly the same proportion in favour of New York as in the foreign trade. Thus the domestic exports from New York for the above year abroad were $126,060,967, and from Virginia $5,833,370. (Same table, 14.) And yet Virginia, as we have seen, had much greater natural advantages than New York for commerce, as well as for mines, manufactures, and agriculture. But slavery has almost expelled commerce from Virginia, and nearly paralyzed all other pursuits. These tables, taken from the census and the Trea- sury records, prove incontestably, that slavery re- tards the progress of wealth and population through- out the South, but especially in Virginia. Nor can the Tariff account for the results j for Virginia, as we have seen, possesses far greater advantages than New York for manufactures. Besides, the com- merce of New York far surpasses that of Virginia, and this is the branch of industry supposed to be affected most injuriously by high tariffs, and New York has generally voted against them with as much unanimity as Virginia. But there is a still more conclusive proof. The year 1824 was the com- mencement of the era of high tariffs, and yet, from 2-2 1790 to 1820, as proved by the census, the percent- age of increase of New York over Virginia was greater than from 1820 to 1860. Thus, by table 1 of the census, p. 124, the increase of population in Virginia was as follows : From 1790 to 1800 17.63 per cent, 1800 1810 10-73 1810 1820 9.31 1820 1830 13.71 1830 1840 2.34 1840 1850 14.60 1850 1860 12.29 The increase of population in New York was : From 1790 to 1800 72.51 per cent. 1800 1810 63,45 1810 1820 43.14 1820 1830 39,76 1830 1840 26.60 1840 1850 27,52 1850 1860 25.29 In 1790 the population of Virginia was 748,318, in 1820, 1,065,129, and in 1860, 1,596,318. In 1790 the population of New York was 340,120, in 1820, 1,372,111, and in I860, 3,880,735. Thus, from 1790 to 1820, before the inauguration of the protective policy, the relative increase of the popu- lation of New York, as compared with Virginia, was very far greater than from 1820 to!860. It is quite clear, then, that the Tariff had no influence whatever in depressing- the progress of Virginia as compared with New York. 23 We have heretofore proved by the census the same position as regards the relative progress of Mary- land and Massachusetts, and the same principle applies as between all the Free, as compared with all the Slave States. In New York, we have seen that from 1790 to 1820, in the absence of high tariffs, and, even before the completion of her great canal, her advance in population was much more rapid than from 1820 to 1860. Indeed, it is quite clear that, so far as the Tariff had any influence, it was far more unfavourable to New York than to Virginia, New York being a much greater agricultural as well as commercial State. Having shown how much the material progress of Virginia has been retarded by slavery, let us now consider its effect upon her moral and intellectual development. NEWSPAPERS AND PERIODICALS. The number of newspapers and periodicals in New York in 1860 was 542, of which 365 were political, 56 religious, 63 literary, 58 miscellaneous ; and the number of copies circulated in 1860 was 320,930,884. (Census tables, Nos. 15, 37.) The number in Virginia was 139; of which 117 were political, 13 religious, 3 literary, 6 miscellaneous; and the number of copies circulated in 1860 was 26,772,568. Thus, the annual circulation of the press in New York was twelve times as great as that of Virginia. As to periodicals : New York had 69 monthlies, of which 2 were political, 25 religious, 24 literary, and 18 mis- 24 cellaneous ; 10 quarterlies, of which 5 were reli- gious, and 6 literary ; 6 animals, of which 2 were political, 2 religious, and 2 miscellaneous. Virginia had 5 monthlies, of which 1 was political, 2 reli- gious, 1 literary, and 1 miscellaneous; and no quar- terlies or annuals. The annual circulation of the New York monthlies was 2,045,000 ; that of Virginia was 43,900; or more than 43 to 1 in favour of New Fork. As regards schools, colleges, academies, libraries, and churches, I must take the census of 1850, those tables for 1860 not being yet arranged and printed. The number of public schools in New York in 1850 was 11,580, teachers 13,965, pupils 675^221 ; colleges, academies, etc., pupils 52,001 ; attending school during the year, as returned by families, 693,329; native adults of the State who cannot read or write, 23,341. Public libraries, 11,013; volumes, 1,760,820. Value of churches, $21,539,561. (Comp. ^Census, 1850.) The number of public schools in Virginia in 1850 was 2,937, teachers 3,005, pupils 67,438 ; colleges, academies, etc., pupils 10,326; attending school during the year, as returned by families, 109,775; native white adults of the State who cannot read or write, 75,868. Public libraries, 54 ; volumes, 88,462. Value of churches, $2,902,220. (Com- pend. of Census of 1850.) By table 155, same com- pend., the percentage of native free population in Virginia over 20 years of age who cannot read or 25 write is 19.90, and in New York 1.87,. in North Carolina 30.34, in Maryland, 11.10, in Massachu- setts 0.32, or less than one-third of one per cent. In New England, the percentage of native whites who cannot read or write is 0.42, or less than one- half of one per cent. ; and in the Southern States 20.80, or 50 to 1 in favour of New England. (Com- pend., table 571.) But, if we take the whole adult population of Virginia, including whites, free blacks, and slaves, 42.05 per cent., or nearly one-half, can- iiot read or write ; and in North Carolina, more .than one-half cannot read or write. We have seen, by the above official tables of the census of 1850, that New York, compared with Virginia, had nearly ten times as many pupils at schools, colleges, and academies, twenty times as many books in libraries, and largely more than seven times the value of churches ; while the ratio of native white adults who cannot read or write was more than 10 to 1 in Virginia, compared with New York. We have seen, also, that in North Carolina nearly one-third of the native white adults, and in Virginia nearly one-fifth, cannot read or write, and in New Eng- land 1 in every 400, in New York 1 in every 13 1^ in the South and South-west 1 in every 42 of the native white adults. (Comp. p. 153.) My next comparison will be that of two great new Western States Illinois, a Free State, and Missouri, slave-holding. The comparison is just, for while Missouri has 26 increased since 1810, in wealth and population, much more rapidly than any of the Slave States, there are several Free States whose relative advance has exceeded that of Illinois. The rapid growth of Missouri is owing- to her immense area, her fertile soil, her mighty rivers (the Mississippi and Missouri), her central and commanding- position, and to the fact, that she has so small a number of slaves to the square mile, as well as to the free population. The population of Illinois,, in 1810, was 12/282, and in I860, 1,711,951 ; the ratio of increase from 1810 to 1860 being- 13,838.70. (Table 1, Gens. I860.) The population of Missouri in 1810, was 20,845, and in 1860, 1,182,012; the ratio of in- crease from 1810 to 1860 being- 5,570.48. (Ib.) The rank of Missouri in 1810 was 22, and of Illinois 23. The rank of Missouri in 1860 was 8, and of Illinois, 4. AREA. The area of Missouri is 67,380 square miles, being the 4th in rank, as to area, of all the States. The area of Illinois is 55,405 square miles, ranking the 10th. Missouri, then, has 1 1,875 more square miles than Illinois. This excess is greater by 749 square miles than the aggregate area of Massachusetts, Delaware, and Rhode Island, con- taining in 1860 a population of 1,517,902. The population of Missouri per square mile in 1810 exceeded that of Illinois .08; but, in 1860, the population of Missouri per square mile was 17.54, racking the 22d, and that of Illinois, 30.90, rank- 27 ing the 13th. Illinois, with her ratio to the square mile and the area of Missouri, would have had in 1860 a population of 2,082,042; and Missouri, with her ratio and the area of Illinois, would have had in 1860 a population of 971,803,making- a differ- ence in favour of Illinois of 1,110,239 instead of 529,939. The absolute increase of population of Illinois per square mile from 1850 to 1860 was 15.54, and of Missouri 7.43, Illinois ranking- the 6th in this ratio and Missouri the 14th. These facts prove the vast advantages which Missouri possessed in her larger area as compared with Illinois. But Missouri in 1810, we have seen, had nearly double the population of Illinois. Now, reversing their numbers in 1810, the ratio of increase of each remaining the same, the population of Illinois in 1860 would have been 2,905,014, and of Mis- souri, 696,983. If we bring the greater area of Missouri as an element into this calculation the population of Illinois in 1860 would have exceeded that of Missouri more than two millions and a half. MINES. By Census Tables, 9, 10, 13 and 14, Missouri produced, in 1860, pig iron of the value of $575,000; Illinois, none. Bar and rolled iron Missouri, $535,000 ; Illinois, none. Lead Mis- souri, 1356,660; Illinois, $72,953. Coal Mis- souri, $8,200; Illinois, $964,187. Copper Mis- souri, $6,000; Illinois, none. As to mines, then, 28 Missouri has a decided advantage over Illinois. Indeed, the iron mountains of Missouri are unsur- passed in the world. That Illinois approaches so near to Missouri in mineral products, is owing- to her railroads and canals, and not to equal natural advantages. The number of miles of railroad in operation in 1860 was, 2,868 in Illinois, and 817 in Missouri; of canals, Illinois, 102 miles; Missouri, none. (Tables 38, 89.) But if Missouri had been a free State, she would have at least equalled Illi- nois in internal improvemeuts, and the Pacific Rail- road would have long' since united San Francisco, St. Louis, and Chicago. Illinois is increasing in a progressive ratio as compared with Missouri. Thus, from 1840 to 1850 the increase of numbers in Illinois was 78.81, and from 1850 to 1860, 101.01 per cent., while the in- crease of Missouri from 1840 to 1850 was 77.75 and from 1850 to I860, 73.30. Thus, the ratio is augmenting in Illinois, and decreasing in Missouri. If Illinois and Missouri should each increase froin 1860 to 1870, in the same ratio as from 1850 to 1860, Illinois would then number 3,441,448, and Missouri, 2,048,426. (Table 1.) In 1850, Chica- go numbered 29,963,"and in 1860, 109,260. St. Louis, 77,860 in 1850, and 160,773 in 1860. (Table 40.) From 1840 to 1850 the ratio of in- crease of Chicago was 570.31, and from 1850 to 1860, 264.65, and of St. Louis, from 1840 to 1850, 20 372.26 per cent., and from 1850 to 1860, 106.49. If both increased in their respective ratios from 1860 to 1870 as from 1850 to I860, Chicago would num- ber 398,420 in 1870, and St. Louis, 331,879. It would be difficult to say which city has the great- est natural advantages, and yet when St. Louis was a city, Chicago was but the site of a fort. PROGRESS OF WEALTH. By Census Table 36, the cash value of the farms of Illinois in 1860, was $432,531,072, and of Missouri, $230,632,126, mak- ing* a difference in favour of Illinois, of $201,898,- 946, which is the loss which Missouri has sustained by slavery in the single item of the value of her farm lands. Abolish slavery there, and the value of the farm lands of Missouri would soon equal those of Illinois, and augment the wealth of the farmers of Missouri over two hundred millions of dollars. But these farm lands of Missouri embrace only 19,- 984,809 acres (Table 36), leaving unoccupied 23,- 138,391 acres. The difference between the value of the unoccupied lands of Missouri and Illinois, is six dollars per acre, at which rate the increased value of the unoccupied lands of Missouri, in the absence of slavery, is $148,830,346. Thus it ap- pears, that the loss to Missouri in the value of her lands, caused by slavery, is $340,729,292. If we add to this the diminished value of town and city property in Missouri, from the same cause, the total loss in that State in the value of real estate, exceeds 30 $400,000,000, which is nearly twenty times the value of her slaves. By Table 35, the increase in the value of the real and personal property of Illi- nois from 1850 to 1860, was $715,595,276,, being 457,93 per cent., and of Missouri, $363,966,691, being* 265. 18 per cent. At the same rate of in- crease from 1860 to 1870, the total wealth of Illi- nois would then be $3,993,000,000, and of Missouri, $1,329,000,000, making 1 the difference ag-ainst Mis- souri, in 1870, caused by slavery, $2,664,000,000, which is more than double the whole debt of the nation, and more than twice the value of all the slaves in the Union. The total wealth of the Union in 1860 exceeded $16,000,000,000. If this were increased $1,000,- 000,000 in time, by the augmented wealth of Missouri, and our revenue from duties and taxes should be $220,000,000, tile increased income, being- one-seven- teenth of the whole, would exceed $12,000,000 per annum ; or, if the increase of wealth should be only $200,000,000, then the augmented proportional annual revenue would be $2,750,000, or nearly one-eig-htieth part of the whole revenue. By overthrowing 1 the rebellion, the taxes to pay the national debt will be collected from all the States, instead of being- confined to those that are loyal. The rebel Confederate debt, never having- had any existence in law or justice, but having- been created only to support a wicked rebellion, will of 31 course be expunged by the reestablishment of the Union. All the rebel States debt incurred since the revolt, for the purpose of overthrowing- the Govern- ment, will, of course, have no legal existence. Under the Federal Constitution, no State Legislature can have any lawful existence, except in conformity with its provisions, accompanied by a prior oath of every member to support the Constitution of the United States. These assemblages, then, since the revolt in the several States, calling themselves State Legislatures, never had any legal existence or au- thority, and were mere assemblages of traitors. Such is the clear provision of the Federal Constitu- tion, and of the law of nations and of justice. It would be strange, indeed, if conventicles of traitors in revolted States, could legally or rightfully impose taxes on the people of such States, k^al or disloyal, to overthrow the Government. Indeed, if justice could have her full sway, the whole debt of this Go- vernment, incurred to suppress this rebellion, ought to be paid by the traitors alone. My next comparison will be that of the free State of Pennsylvania with Virginia. Virginia was a considerable colony when Penn- sylvania was occupied only by Indian tribes. In 1790, Virginia was first in. rank of all the States, her number of inhabitants being 748,308. (Census Rep., 120, 1'21,) Pennsylvania then ranked the second, numbering 434,373 persons. (Ib.) In 1860 the population of Virginia was 1,596,318, 32 ranking 1 the fifth ; Pennsylvania still remaining- the second, and numbering* 2,905,1 15. (Ib.) In 1790 the population of Virginia exceeded that of Penn- sylvania 313,925; in 1860 the excess in favour of Pennsylvania was 1,308,797. The ratio of increase of population of Virginia from 1790 to 1860 was 113.32 per cent., and of Pennsylvania in the same period, 569.03. At the same relative ratio of in- crease for the next seventy years, Virginia would contain a population of 3,405,265 in 1930; and Pennsylvania 19,443,934, exceeding- that of Eng- land. Such has been and would continue to be the effect of slavery in retarding- the progress of Vir- ginia, and such the influence of freedom in the rapid advance of Pennsylvania. Indeed, with the main- tenance and perpetuity of the Union in all its integrit}', the destiny of Pennsylvania will surpass the most sanguine expectations. The population of Virginia per square mile in 1790 was 12.19, and in 1860, 26.02; whilst that of Pennsylvania in 1790 was 9.44, and in 1860, 68.18. (Ib.) The absolute increase of the population of Virginia per square mile, from 1790 to 1860, was 13.83, and from 1850 to 1860, 2.85; whilst that of Pennsylvania from 1790 to 1860, was 53.74, and from 1850 to I860, 12.93. (Ib.) AREA, The area of Virginia is 61,352 square miles, and of Pennsylvania 46,000, the difference being 15,352 square miles, which is greater, by 758 square miles, than the aggregate area of Massa- 38 chusetts, Connecticut, and Delaware, containing- in I860 a population of 1,803,429. (Ib.) Retaining their respective ratios of increase per square mile from 1790 to I860, and reversing- their areas, that of Virginia in 1860 would have been 1,196,920, and of Pennsylvania 3,876,119. Reversing the numbers of each State in 1790, the ratio of increase in each remaining the same, the population of Penn- sylvania in 1860 would have been 5,408,424, and that of Virginia, 926,603. Reversing both the areas and numbers in 1790, and the population of Pennsylvania would have exceeded that of Virginia in 1860 more than six millions. SHORE LINE. By the Tables of the Coast Sur- vey, the shore line of Virginia is 1,571 miles, and of Pennsylvania only 60 miles. This vastly supe- rior coast line of Virginia, with better, deeper, more capacious, and much more numerous harbours, un- obstructed by ice, and with easy access for so many hundred miles by navigable bays and tide- water rivers leading so far into the interior, give to Vir- ginia great advantages over Pennsylvania in com- merce and every branch of industry. Indeed, in this respect, Virginia stands unrivalled in the Union. The hydraulic power of Virginia greatly exceeds that of Pennsylvania. MINES. Pennsylvania excels every other State in mineral wealth, but Virginia comes next. SOIL. In natural fertility of soil, the two States are about equal ; but the seasons in Virginia are c 34 more favourable, both for crops and stock, than ifi Pennsylvania. Virginia has all the agricultural products of Pennsylvania, with cotton in addition. The area, however, of Virginia (39,265,280 acres) being greater by 9 ; 825,280 acres than that of Pennsylvania (29,440,000 acres), gives to Virginia vast advantages. In her greater area, her far superior coast line, harbours, rivers, and hydraulic power, her longer and better seasons for crops and stock, and greater variety of products, Virginia has vast natural ad- vantages, and with nearly double the population of Pennsylvania in 1790. And yet, where has slavery placed Virginia? Pennsylvania exceeds her now in numbers 1,308,797, and increased in population from 1790 to 1860, in a ratio more than five to one. Such is the terrible contrast between free and slave institutions ! PROGRESS OF WEALTH. By Census Tables (1860) 33 and 36, it appears (omitting commerce) that the products of industry, as given, viz., of agriculture, manufactures, mines, and fisheries, were that j r ear in Pennsylvania, of the value of $399,600,000, or $138 per capita ; and in Virginia, $120,000,000, or $75 per capita. This shows a total value of product in Pennsylvania much more than three times that of Virginia, and, per capita, nearly two to one. That is, the average value of the product of the labour of each person in Penn- sylvania is nearly double that of each person, in- 35 eluding- slaves, in Virginia. Thus is proved the vast superiority of free over slave labour, and the immense national loss occasioned by the substitution of the latter for the former. As to the rate of increase; the value of the pro- ducts of Virginia in 1850 was $84,430,493 (Table 9), and in Pennsylvania, $229,567, 131, showing an increase in Virginia, from 1850 to 1860, of $35,519,572, being 1 41 per cent.; and in Pennsyl- vania, $170,032,869, being 51 per cent. ; exhibiting a difference of 10 per cent, in favour of Penns} 7 lvania. By the Census Table of 1860, No. 35, p. 195, the true value then of the real and personal property was, in Pennsylvania, $1,416,501,818, and of Vir- ginia, $793,249,681. Now, we have seen, the value of the products in Pennsylvania in 1860 was $399,600,000, and in Virginia, $120,000,000. Thus, as a question of the annual yield of capital, that of Pennsylvania was 29 per cent., and of Virginia, 15 per cent. By Census Table 85, the total value of the real and personal property of Pennsyl- vania was $722,486,120 in 1850, and $1,416,501,818 in 1860, showing an increase, in that decade, of $694,015,698, being 96.05 per cent. ; and in Vir- ginia, $430,701,082 in 1850, and $793,249,681 in 1860, showing an increase of $362,548,599, or 84.17 per cent. By Table 36, p. 196, Census of 1860, the cash value of the forms of Virginia was $371,092,211, being* $11.91 per acre; and of Pennsylvania, 30 $66&,050,70?, being $38.91 per ncre. Now, by this table, the number of acres embraced in these farms of Pennsylvania was 17,012,153 acres, and in Virginia, 31,0 14,950 5 the difference of value per acre being' $27, or largely more than three to one in favour of Pennsylvania. Now, if we mul- tiply the farm lands of Virginia by the Pennsyl- vania value per acre, it would make the total value of the farm lands of Virginia $1,204,791,804; and the additional value, caused by emancipation, .$835,699,593. But the whole area of Virginia is 39,265,280 acres, deducting from which the farm lands, there remain unoccupied 8,250,330 acres. Now, if (as would be in the absence of slavery) the population per square mile of Virginia equalled that of Penns}'lvania, three- fifths of these lands would have been occupied as farms; viz. 4,950,198, which, at the Pennsylvania value per acre, would have been worth $188,207,524. Deduct from this their present average value of $2 per acre, $9,800,396, and the remainder, $178,407,128, is the sum by which the unoccupied lands of Virginia, converted into farms, would have been increased in value by emancipation. Add this to the enhanced value of their present farms, and the result is $1,014,106,721 as the gain, on this basis, of Virginia in the value of her lands, by emancipation. To these we should add the in- creased value of town and city lots and improvements, and of personal propert} T , and, with emancipation, 37 Virginia would now have an augmented wealth of at least one billion and a half of dollars. The earnings of commerce are not given in the Census Tables, which would vastly increase the dif- ference in the value of their annual products in favour of Pennsylvania as compared with Virginia. These earnings include all not embraced under the heads of agriculture, manufactures, the mines, and fisheries. Let us examine some of these statistics. HAILROADS. The number of miles of railroad in operation in Pennsylvania in I860, including city roads, was 2,690.49 miles,* costing $147,283,410; and in Virginia, 1,771 miles, costing $64,958,807. (Census Table of 1860, No. 38, pp. 230, 232.) The annual value of the freight carried on these roads is estimated at $200,000,000 more in Pennsylvania than in Virginia, and the passenger account would still more increase the disparity. CANALS. The number of miles of canals in Pennsylvania in 1860 was 1,259, and their cost, 142,015,000, In Virginia the number of miles was 178, and the cost, $7,817,000. (Census Table 39, p. 4 J38.) The estimated value of the freight on the Pennsylvania canals is ten times that of the freight on the Virginia canals. TONNAGE. The tonnage of vessels built in Penn- sylvania in 1860 was 21,615 tons, and in Virginia, 4,372. (Census, p. 197.) BANKS. The number of banks in Pennsylvania * Now 2,907 miles. 38 in I860 was 90; capital, $25,565,582 ; loans, $50,327,127 ; specie, $8,378,474 ; circulation, 13,- 132,892; deposits, $26,167,143: and in Virginia the number was 65; capital, $16,005,156; loans, $24,975,792 ; specie, $2,943,652 ; circulation, $9,812,197; deposits, $7,729,652. (Census Table 35, p. 193.) EXPORTS AND IMPORTS, ETC. Our exports abroad from Pennsylvania, for the fiscal }'ear ending 30th June, 1860, and foreign imports, were of the value of $20,262,608. The clearances, same year, from Pennsylvania, and entries were 336,848 tons. In Virginia the exports the same year, and foreign imports were of the value of $7 } 184,27 3 ; clearances and entries, 178,143 tons. (Table 14, "Register of U. S. Treasury.) Revenue from customs, same year, in Pennsylvania, $2,552.924, and in Virginia, $189,816 ; or more than twelve to one in favour of Pennsylvania. (Tables U. S. Commissioner of Cus- toms.) No returns are given for the coastwise and internal trade of either State ; but the railway and canal transportation of both States shows a differ- ence of ten to one in favour of Pennsylvania. And yet, Virginia, as we have seen, had much greater natural advantages than Penns}'lvania for commerce, foreign and internal, her shore line up to head of tide water being 1,57 1 miles, and Pennsylvania only 60 miles. We have seen that, exclusive of commerce, the products of Pennsylvania in 1860 were of the value 39 of $399,600,000, or j 138 per capita ; and in Vir- ginia, $120,000,000, or $75 per capita. But, if we add the earnings of commerce, the products of Pennsylvania must have exceeded those of Virginia much more than four to one, and have reached, per capita, nearly three to one. What but slavery could have produced such amazing- results? Indeed, when we see the same effects in all the Free States as compared with all the Slave States, and in any of the Slave States, as compared with any of the Free States, the uniformity of results establishes the law beyond all controversy, that slavery retards immensely the progress of wealth and population. That the Tariff has produced none of these results, is shown by the fact that the agriculture and com- merce of Pennsylvania vastly exceed those of Vir- ginia, and yet these are the interests supposed to be most injuriously affected by high tariffs. But there is still more conclusive proof. The year 1824 was the commencement of the era of high tariffs, and yet, from 1790 to 1820, as proved by the Cen- sus, the percentage of increase of Pennsylvania over Virginia was greater than from 1820 to 1800. Thus, by Table 1 of the Census, p. 124, the increase of population in Virginia was as follows : From 17CO to 1800 17.63 per cent. " 1800 " 1810 10.73 " 1810 " 1820 9.31 " 1820 " 1830 13.71 " 1830 " 1840 2.3-1 " 1810 CJ 1350 11.60 " 18.>0 c; ISoO 12,29 40 The increase of population in Pennsylvania was : From 1790 to 1800 38.67 percent. " 1800 u 1810 34.49 " " 1810 " 1820 29.55 " 1820 " 1830 28.47 " 1830 " 1840 27.87 " 1840 " 1850 34.09 " " 1850 " 1860 25.71 In 1790 the population of Virginia was 748,318 ; in 1820, 1,065,129, and in I860, 1,590,318. In 1790 the population of Pennsylvania was 434,373 ; in 1820, 1,348,233, and in I860, 2,906,1 15. Thus, from 1790 to 18*20, before the inauguration of the protective policy, the relative increase of the popu- lation of Pennsylvania, as compared with Virginia, was very far greater than from 1820 to I860. It is quite clear, then, that the tariff' had no influence in depressing the progress of Virginia as compared with Pennsylvania. Having shown how much the material progress of Virginia has been retarded by slavery, let us now consider its effect upon her moral and intellectual development. NEWSPAPERS AND PERIODICALS. The number of newspapers and periodicals in Pennsylvania in 1860 was 367, of which 277 were political, 43 reli- gious, 25 literary, 22 miscellaneous ; and the total number of copies circulated in 1 860 was 1 16,094,480. (Census Tables, Nos. 15, 37.) The number in Vir- ginia was 139, of which 117 were political, 13 reli- gious, 3 literary, 6 miscellaneous ; and the number 41 of copies circulated in 1860 was 26,7 72,568, being 1 much less than one fourth that of Pennsylvania. The number of copies of monthly periodicals circu- lated in Pennsylvania in 1860 was 464,684 ; and in Virginia, 43,900 : or much more than ten to one in favour of Penns} T lvauia. As regards schools, colleges, academies, libraries, and churches, I must take the Census of 1850, those tables for 1860 not being yet arranged or printed. The number of public schools in Pennsylvania in 1850 was 9,061 ; teachers, 10,024; pupils, 4 13,7 06 ; colleges, academies, &c., pupils, 26,14*2 ; attending school during- the year, as returned by families, 504,610; native adults of the State who cannot read or write, 51,283; public libraries, 393; volumes, 363,400; value of churches, $11,853,291; percent- age of native free population (adults) who cannot read or write, 4.56. (Comp. Census of 1850.) The number of public schools in Virginia in 1850 was 2,937 ; teachers, 3,005 ; pnpils, 67,438 ; col- leges, academies, &c., pupils, 10,326 ; attending* school, as returned by families, 109,775; native white adults of the State who cannot read or write, 75,868; public libraries, 54; volumes, 88,462; value of churches, $2,902,220 ; percentage of native free adults of Virginia who cannot read or write, 19.90, (Comp. Census of 1850.) Thus, the church and educational statistics of Pennsylvania, and es- pecially of free adults who cannot read or write, is as five to one nearly in favour of Pennsylvania. When we recollect that nearly one third of the population of Pennsylvania are of the great German race, and speak the noble German language, to which they are greatly attached, and hence the dif- ficulty of introducing common English public schools in the State, the advantage, in this respect, of Pennsylvania over Virginia is most extraordinary. My last comparison will be that of our two smallest States Rhode Island, a Free State, and Delaware, slave-holding. In 1790 the population of Rhode Island was 09,110, and that of Delaware 59,090. In 1800 the former numbered 174,020, the latter 11 2,21 6. Thus, from 1790 to 1800, the ratio of increase of population of Rhode Island was 152.07 per cent., and of Delaware, 89.88. At the same relative rate of increase, for the next, as for the last seventy years, the population of Rhode Island in 1930, would be 441,212, and of Delaware, 213,074. Thus in 1790, Rhode Island numbered but 10,014 more than Delaware, 02,404 more in 1800, and, at the same ratio of increase, 2^8,138 more in 1930. Such has been and would be the effect of slavery in retarding the increase of Dela- ware, as compared with Rhode Island. (Census Table, 1800, No. 1.) The population of Rhode Island per square mile in 1790, was 52.15, and in 1800, 133.71 ; that of Delaware, 27.87 in 1790, and 59.93 in 18(50. The absolute increase of population of Rhode Island, 43 per square mile, from 1790 to 1800, was 80.79, and from 1850 to I860, 20.74 ; that of Delaware, from 1790 to I860, was 25 05, and from 1850 to I860, 9.76. (Ib.) AEEA. The area of Rhode Island is 1,306 square miles, and of Delaware, 2,120, being- 38 per cent., or much more than one third larger than Rhode Island. Retaining their respective ratios of increase, per square mile, from 1790 to 1860, and reversing their areas, the population of Rhode Island in 1860, would have been 283,465, and of Delaware, 78,268. In natural fertility of soil Delaware is far superior to Rhode Island, the seasons much more favourable for crops and stock, and with more than double the number of acres of arable land. PJROGIIESS OF WEALTH. By Census Tables 33 and 36 (omitting 1 commerce), it appears that the pro- ducts of industry as given, viz., of agriculture, manu- factures, mines, and fisheries, were that year, in Rhode Island, of the value of $52,400,000, or $300 per capita, and in Delaware, $16,100,000, or $143 per capita. That is, the averag-e annual value of the product of the labour of each person in Rhode Island is greatly more than double that of the labour of each person in Delaware, including* slaves. This, we have seen, would make the value of the products of labour in Rhode Island in 1930, $132,368,600, and in Delaware, only $30,469,582, notwithstanding the far greater area and superior natural advantages of Delaware as compared with Rhode Island. 44 As to the rate of increase : the value of the pro- ducts of Delaware in 1&50 was $7,804,992, in I860, $16,100,000; and in Rhode Island, in 1850, $-24,288,088, and in 1860, $52,400,000 (Table 9, Treas. Rep., 1856), exhibiting 1 a large difference in the ratio in favour of Rhode Island. By Table 86, p. 196, Census of 1860, the cash value of the farm lands of Rhode Island in 1860 was $19,385,573, or $37.30 per acre (519,698 acres), and of Delaware, $31,426,357, or $31.39 per acre (1,004,295 acres). Thus, if the farm lands of Dela- ware were of the cash value of those of Rhode Island per acre, it would increase the value of those of Delaware $5,935,385, whereas the whole value of her slaves is but $539,400. But by Table 35, Census of 1860, the total value of the real and personal property in Rhode Island in 1860, was $135,337,588, and of Delaware, $46,242,181, making- a difference in favour of Rhode Island, $89,095,497, whereas, we have seen, in the absence of slavery, Delaware must have far exceeded Rhode Island in wealth and population. The earnings of commerce are not given by the census, but, to how vast an extent this would swell the difference in favour of Rhode Island, we may learn from the Census, Bank Table No. 34. The number of the banks of Rhode Island in 1860, was 91; capital, $20,865,569 ; loans, $26,719,877 ; circulation, $3,558,295; deposits, $0,553,104. In Delaware, number of banks, 12 , capital, $1,640,675 ; 45 loans, $3,150,215 ; circulation, $1,135,772 ; deposits, $970,223. Having 1 shown how much slavery has retarded the material progress of Delaware, let us now con- sider its effect upon her moral and intellectual de- velopment. NEWSPAPERS AND PERIODICALS. The number of newspapers and periodicals in Rhode Island in 1860, was 26, of which 18 were political, 6 literary, and 2 miscellaneous. (Census, Table No. 37.) The number in Delaware was 14, of which 13 were political, and 1 literary. Of periodicals, Delaware had none ; Rhode Island, 1. The number of copies of newspapers and periodicals issued in Rhode Island in 1860 was 5,289,280, and in Delaware only 1,010,776, or largely more than five to one in favour of Rhode Island. As regards schools, colleges, academies, libraries, and churches, I must take the census of 1850, those tables for 1860 not being yet arranged or published. The number of public schools in Rhode Island in 1850 was 426, teachers 518, pupils 23,130 ; attend- ing school during the year, as returned by families, whites, 28,359 ; native adults of the State who can- not read or write, 1,248 j public libraries, 96 j volumes 104,342; value of churches, $1,293,600; percentage of native free adults who cannot read or write, 149. Colleges and academies, pupils, 3,664. (Comp. Census of 1850.) The number of public schools in Delaware in 1850, was 194, teachers 46 214, pupils, 8,970 ; attending school during- the year, whites, as returned by families, 14,216; native free adults of the State who cannot read or write, 9,777 ; public libraries, 17 ; volumes, 17,950; value of churches, $340,345 ; percentage of native free adults who cannot read or write, 23.03 ; colleges and academies, pupils, 764. (Comp. Census, 1850.) The subject will be continued in my next number. R. J. WALKER. AMERICAN FINANCES AND RESOURCES, LETTER No. V. OF HON. ROBERT J. WALKER, M.A. COUKSELLOE AT LAW IN THE SUPREME COURT OF THE UNITED STATES, LATE LAW EEP. MI., SENATOR OF THE UNITED STATES, SECRETARY OF THE TREASURY, COMMISSIONER TO CHINA, GOVERNOR OF KANSAS, ETC., ETC. LONDON s WILLIAM BIDGWAY, 169, PICCADILLY, W. 1864, a a T T a i 10, Half Moon Street, Piccadilly. Feb. 8th, 1864. IN my third and fourth letters on American Finances and Resources, the following comparisons were instituted. Massachusetts and New Jersey, free States, with Maryland and South Carolina slave States; New York and Pennsylvania, free States, with Virginia slave State ; Rhode Island, free State, with Delaware slave State ; Illinois, free State, with Missouri slave State; the free States of 1790, with the slave States of that date ; the free States of I860, with the slave States of that date. These comparisons were based on the official returns of the Census of the United States, and exhibited in each case and in the aggre- gate the same invariable result, the vastly superior progress of the free States in wealth, population, and education. I will now institute one other comparison, Ken- tucky, slave-holding, with Ohio a free State. Kentucky population in 1790, 73,077; Ohio, none. 1800: Kentucky, 920,955; Ohio, 45,365. 1860: Kentucky, 1,155^684 ; Ohio, 2,339,502. We must institute the comparison from 1800, as Ohio was a wilderness in 1790, when Kentucky had a population of 73,077. In Kentucky, the ratio of increase of population from 1800 to 1860 was 527,98 A 2 per cent, and in the same period in Ohio 5,057,08. Table 1, Census I860: thus from 1800 to 18t>0 Ohio increased in nearly ten-fold the ratio of Ken- tucky. Wealth. By Tables 33 and 36, Census of 1860, the value of the product of 1859 was as follows: Ohio . . $337,619,000 Kentucky . 115,408,000 Per capita. Ohio . . $144,31 Kentucky . 99,90 Thus is it, that, whilst in 1790 and 1800 Kentucky \vas so very far in advance of Ohio, yet, in 1860, so vast was the advance of Ohio as compared with Kentucky, that the value of the product of Ohio was nearly triple that of Kentucky, and, per capita, much more than one-third greater. No reason can be assigned for these remarkable results, except that Kentucky was slave-holding", and Ohio a free State. Their area is nearly the same, and they are adja- cent States ; the soil of Kentucky is quite equal to that of Ohio, the climate better for crops and stock, and the products more various. We have seen the actual results in 1860, but if Ken- tucky had increased in population from 1800 to, 1860 in the same ratio as Ohio, Kentucky then would have numbered 11,175,970, or nearly ten times her present population ; and if the product had been the same as in Ohio, per capita, the value would have been 1 ,6 12,804,230; or more than 14 times greater than the result. Thus it is demonstrated by the official tables of the Census of the United States, that if Kentucky had increased in wealth and population from 1800 to 1860 in the same ratio as Ohio, the results would have been as follows : Kentucky: population in 1860, 11,175,970; actual population in 1860, 1,155,684; value of products in 1860, $1,612,804,230; actual value in 1860, $115,408,000. Some attempt has been made to account for these marvellous results, by stating that Ohio has a border on one of the Lakes and Kentucky has not. But to this it may be replied, that Kentucky borders for twice the distance on the Ohio river, has a large front on the Mississippi river, and embraces within her limits those noble streams the Cumberland and Tennessee rivers, making, together with the Big Sandy, Licking, Kentucky, Green and Barren rivers, the natural advantages of Kentucky for navigation, superior to those of Ohio. But a conclusive answer to this argument is found in the fact, that, omitting O j s *D all the counties of Ohio within the Lake region, the remainder, within the valley of the Ohio river, con- tain a population more than one-half greater than that of the whole state of Kentucky. Lands. The farm lands, improved and unim- proved, of Ohio in 1860 were worth $666,564,171. The number of acres 20,741,138, value per acre $32,13. (Census of 1860, p. 197, table 36.) The farm lands of Kentucky, improved and unimproved, were worth $291,496,953, the number of acres 19,103,276, worth per acre $15,21. (II.) Differ- ence in favour of Ohio, $375,067,165. But if to this we add the difference between the value of the To\vn and City lots and unoccupied lands of Ohio and Kentucky, the sum is $125,009,000, which added to the former sum ($375,067,165) makes the difference in favour of Ohio $500,076,165 when comparing" the value of all her lands with those of Kentucky. We have seen that the value of the products in 1860 was, Ohio $337,619,000, Ken- tucky, $115,408,000. But these products embrace 011 b r agriculture, manufactures, the mines, and fisheries. We have no complete tables for commerce in either State, but the canals and railroads are as follows : Census of 1860, No. 38 pages 225, 226, 233. Ohio: Miles of railroad, 3,016,83; cost of construction, $113,299,514. Kentucky: Miles of railroad, 569,93 ; cost of construction, $19,068,477. Estimated value of freight transported on these railroads in 1860 ; Ohio, $502,105,000; Kentucky, $48,708,000. On the 1st Jan. 1864, the number of miles of railroad in operation in Ohio was 3,356,74, costing- $130,454,383, showing* a larg-e increase since I860, whilst in Kentucky there was none. (Amer. R. E. Journal, page 61, vol. 37.) Canals in 1860 (census table 39): Ohio, 906 miles; Kentucky, two and a-half miles. These tables all prove how vast has been the increase of the wealth of Ohio as com- pared with Kentucky. Let us now examine some of the educational statistics. By Census table 37, giving^ the newspapers and periodicals in the United States in I860, the whole number of that year was 405 1, of which only 879 were in the slave States } total number of copies cir- culated that year in the United States, 927,951,548, of which number there were circulated in the slave States, only 167,917,188. This table shows the total number of newspapers and periodicals pub- lished in Ohio in 1859 was 340, and the number of copies circulated that year in that State was 71,767,742. In Kentucky, the number of news- papers and periodicals published in 1859 was 77, and the number of copies circulated that year was 13,504,044, whilst South Carolina, professing- to instruct and control the nation, had a circulation of 3,654,840, although South Carolina in 1790 had a population of 249,073, when Ohio was a wilder- ness, and Kentucky numbered only 73,077. As reg'ards education, we must take the tables for the Census of 1850, those for 1860 not having- been yet published. By table 144, Census of 1850, the total number of pupils in public and private schools, colleges, and academies was for that year as follows : Ohio, 502,826. Kentucky, 85,914. Percentage of native free population who cannot read or write table 155 Ohio, 3-24; Kentucky, 9'12; Slave States, 8S native white adults who cannot read or write, ratio 17-23; free States, 4' 12. (Table 157.) If we include slaves, more than one-half the adults of the slave States cannot read or write. Indeed it is made by law in the slave States a crime (severely punished,) to teach any slave to read or write. These tables also show that in South Carolina, the great leader of secession, (in eluding- slaves), more than three-fourths of the people can neither read nor write. Such is the State, rejoicing- in the barbarism of ig-norance and slavery, exulting- in the hope of reviving 1 the African slave trade, whose chief city witnesses each week the auction of slaves as chattels, and whose newspapers, for more than a century are filled with daily advertisements by their masters of run-away slaves, describing- the brands and muti- lations to which they have been subjected ; that passed the first secession ordinance, and commenced the war upon the Union by firing- upon the Federal flag- and garrison of Sumter. Yet it is the pre- tended advocates of peace that justify this war upon the Union, and insist that it shall submit to dismem- berment without a strug-g-le, and permit slavery to be extended over nearly one-half the national territory, purchased by the blood and treasure of the nation. Such a submission to disintegration and ruin such a capitulation to slavery, would have been base and cowardly. It would have justly merited for us the scorn of the present, the contempt of the future, the denunciation of history, and the execration of man- kind. Despots would have exultingly announced that " man is incapable of self-government " whilst the heroes and patriots in other countries, who, cheered and guided by the light of our example, had struggled in the cause of popular liberty, would have sunk despairing from the conflict. This is our real offence to European oligarchy, that we will crush this foul rebellion, extinguish the slavery by which it was caused, make the Union stronger and more harmonious, and thus give a new impulse and an irresistible moral influence and power to free institutions. Let me recapitulate some of the facts referred to in these letters, and established by the census of the United States. Area of the United States, 3,250,000 square miles, exceeding that of all Europe all compact and contiguous, with richer lands, more mineral resources, a climate more salubrious, more nume- rous and better harbours, more various products, and increasing in wealth and population more rapidly than any other country. Miles. Our ocean shore line, including ba} r s_, sounds, and rivers up to the head of tide water .... 33,663 Lake shore line .... 3,620 Shore line of Mississippi river and its tri- butaries above tide water . . 35,644 Shore line of all our other rivers above tide water is . . . . 49,857 Total . . 122,784 10 Our country then is better watered than any other, and has more navigable streams, and greater hydraulic power. We have completed since 1790, 5,782 miles of canal, costing- $148,000,000; and 33,860 miles of railroad (more than all the rest of the world), cost- ing $1,625,952,215 (Amer. R. E. II. Jour. 1864, No. 1448, Vol. 37, page 61.) Our land lines of telegraph exceed those of all the rest of the world, the single line from New York to San Francisco being 3500 miles. Our mines of coal, according to Sir William Armstrong-, the highest British authority, are 3'2 times as great as those of the United Kingdom. Annual product of our mines of gold and silver, $100,000,000, estimated at $150,000,000 per annum by our Commissioner of the General Land Office, when the Pacific railroad shall be completed. Public lands unsold, belonging to the Federal Government, 1,055,911,288 acres, being 1,649,861 square miles, and more than. 32 times the extent of England. Immigration to the United States from 1850 to 1860, 2,598,216, adding to our national wealth dur- ing that decade $1,430,000,000. Education granted by Congress since 1790 for the purposes of public schools two sections (1280 acres) in every township (23,040 acres), in all 1,450,000,000 acres of public lands ; one-eighteenth part given, being 80,555,555 acres, worth at the 11 minimum price of $1 .25 per acre, $100,694,443 the real value, however, was much greater. Granted by Congress for colleges and universities, 12,080,000 acres, including 3,553,824 given by the Federal Government to the State of Tennessee, worth at the minimum price of $1.25 per acre, $15,100,000, which is much below their true value. Total in public lands granted by Federal Govern- ment for education 92,635,555 acres ; minimum value, $115,794,443. In 1836, after full pa} 7 ment of the entire princi- pal and interest of the public debt, there remained in the Federal Treasury a surplus of $38,000,000, of which about one-half, $19,000,000, was devoted to educational purposes. Total Federal appropriations since 1790 for edu- cation, $134,794,443. This is exclusive of the many millions of dollars expended by the Federal Government for military and naval schools, &c. at West Point, Washington, Annapolis, and Newport. Besides these Federal donations, there has been granted by States, terri- tories, counties, towns, and cities of the Union for education,sincel790(partlyestimated)$148,000,000. Grand total by States- and Federal Government appropriated in the United States since 1790, for education, $282,794,443. This is independent of numerous private donations for the same purpose, that by Mr. Girard exceeding $1,500,000, and that by Mr. Smithsou exceeding $500,000. It is then a 12 fact that the Governments of the United States, State and Federal, since 1790, have appropriated for education more money than all the other Govern- ments of the world combined during 1 the same period. This is a stupendous fact, and one of the main causes of our wonderful progress and prosperity. We be- lieve that " knowledge is power/' and have appro- priated nearly $300,000,000, during- the last 74 years, in aid of the grand experiment. We believe that f{ man is capable of self-government," but only when educated and enlightened. We believe that the power and wealth and progress of nations in- crease in proportion to the education and enlighten- ment of the masses. We believe in intellectual as well as machine and muscular power, and that when the millions are educated, and work with their heads as well as their hands, the progress of the nation will be most rapid. Our patent office is a wonderful illustration of this principle, showing on the part of our industrial classes more valuable inventions and discoveries, annually, than are produced by the working men of all the rest of the world. POPULATION. In 1790 . . . 3,922,827 1800 . . . 5,305,937 1810 . . . 7,239,814 1820 . . . 9,638,191 1830 . . . 12,866,020 1840 . . . 17,069,453 1850 . . . 23,191,876 I860 . . 31,4rl5,ObO 13 "Ratio of increase from 1790 to 1800, 35*02 5 from 1800 to 1810, 36*45 ; from 1810 to 1820, 33-13; from 1820 to 1830, 33*49 ; from 1830 to 1840, 32-67 ; from 1840 to 1850, 35*87 ; from 1850 to 1860, 35-59. Thus it appears (omitting- territorial acquisitions), that our ratio of increase was much greater from 1850 to 1860 than during* any preceding- decade. This was the result of aug 1 - meuted immigration, which is still to go on with increased power for many years. Making- allow- ance for all probable contingencies, and reducing 1 the decennial increase from 35*59, to three per cent, per annum, our able and experienced Super- intendent of the Census, in his last official report, of 20th May, 1862, gives his own estimate of the future population of the United States : 1870 . . . 42,328,432 1880 ... 56,450,241 1890 ..... 77,263,989 1900 . . . 100,355,802 That, in view of our new homestead law our high wages the extinction of slavery increased confidence in our institutions and augmented im- migration, these results will be achieved, can scarcely be doubted. As population becomes more dense in Europe, there will be an increased immigration to our Union, and each new settler writes to his friends abroad, and often remits money to induce them to join him in his Western home. The electric ocean telegrnph will soon unite Europe with America, and 14 improved communications are constantly shortening 1 the duration of the voyage, and diminishing' the expense. Besides, this war has made us much better known to the European masses, who, every- where, with great unanimity and enthusiasm sus- tain our cause, and, with slavery extinguished, will still more prefer our institutions. From all these causes, there will be an augmented exodus from Europe to America, when our rebellion is suppressed, and slavery overthrown. Besides, the President of the United States now proposes appropriations of money by Congress in aid of immigration, and such will become the policy of our Government. We have seen the official esti- mate made by our Superintendent of the Census, but if we take the ratio of increase of the last de- cade, the result would be as follows : 1870 ... 42,636,858 1880 ... 57,791,315 1890 . . . 78,359,243 1900 . . . 106,247,297 The estimate of the Superintendent is therefore six millions less than according* to the ratio from 1850 to 1860, and much less than from 1790 to 1860. When we reflect that if, as densely settled as Massachusetts, our population would exceed 513,000,000, or if numbering as many to the square mile as England, our inhabitants would then be more than twelve hundred millions, the estimate 15 of 100,000,000 for the year 1900 cannot be regarded as improbable. Our national wealth was in 1850, $7,135,780,228 I860, $16,159,616,068 Increase from 1850 to 1860, 126 45 per cent. At the same rate of increase for the four succeed- ing- decades, the result would be In 1870 . . . $36,593,450,585 1880 . . , 82,865,868,849 1890 . . . 187,314, 53,225 1900 . . . 423,330,438,288 Tonnage 1814 J . . 1,368,127 tons 1851 . . . 3,772,439 1861 . . . 5,539,812 At the same rate of increase as from 1851 to 1861, the result would be In 1871 . . . 8,134,578 tons 1881 . . . 11,952,817 1891 ... 17,541,514 1901 ... 25,758,948 Total number of copies of our newspapers and periodicals circulated in the United States in 1860, 9^7,951,548, exceeding- that of all the rest of the world. Let us now recapitulate the results from our Cen- sus, founded on a comparison of the Slave and Free States. IB MASSACHUSETTS. FREE STATE. Area, 7,800 square miles. Population in 1790, 378,717. 1860, 1,231,066. Products in 1859, $287,000,000. per capita, $235. Eailroads 1340 miles. cost $61,857,203. Freight of 1860, $500,524,201. Tonnage built in 1860, 34,460 tons. Bank capital, $64,519,200. Imports and exports, $58,190,816. Value of property, $815,237,433. Gross profit on capital, 35 per cent. Copies of press circulated in 1860, 102,000,760. Pupils at public schools in 1860, 176,475. Volumes in public libraries, 684,015 Value of churches, $10,206,000. NEW YOEK. STATE. Area, 47,000 square miles. Population in 1790, 340,120. I860, 3,880,735. Product of 1859, $606,000,000. Per capita, $156. Gross profit on capital, 34 per cent. Value per acre of farm lands, $38,26. Railroads 2,842 miles. cost of construction,$138,395,055. Freight in 1860, $579,681,790. Canals, 1.038 miles. cost $67,567,972. SLATE STATE. . . 11,124 square miles, . . 319,728. . . 687,049. $66,000,000. 380 miles. $21,387,157. $101,111,348. . . 7,789. $12,568,962. $18,786,323. $376,919,944, 17 per cent. . . 20,723,472. . . 33,254. . . 125,042. $3,947,884. VIRGINIA. SLATE STATE. . . 61,352. . . 748,308. . . 1,596,318. $120,000,000. $75. . . -15. $11,91. . . 1,771. $64,958,807. $110,000,000. . . 178. $7,817,000. 17 Tonnage built in 1860, 31,936. Bank capital, $111,441,320. Exports&imports,1860,$394,045,326 Copies of press circulated in 1860, 320,980,884. Pupils at public schools in 1860, 675,221. Vols. in public libraries, 1,760,820. Value of churches, $21,539,561. Per centage of native free popula- tion who cannot read or write, 1-87. . 4,372. $16,005,156, 7,184,273. . . 26,772,518. . . 67,428. . . 88,462. $2,002,220. . . 19-90. Compare the column as regards Virginia with the returns for Pennsylvania, and the result is nearly as remarkable as that of New York. Pennsylvania, area 46,000 population in 1790, 434,373: in I860, 2,900,115. Products of 1859, $399,600,000 per capita $138 profit on capital 22 per cent. Value of farm lands per acre $38,91. Eailroads, 2,690 miles, costing $147,483,410. Canals, 1,259 miles, costing $42,015,000, Ton- nage built in I860, 21,615 tons. Bank capital $25,565,582. Exports and imports, $20,262,608. Copies of press circulated in 1860,116^094,480. Pupils at public schools, 413,706. Volumes in public libraries, 363,400. Value of churches 511,853,291. ILLINOIS EEEE STATE. Area, 55,405 square miles. Population 1810, 12,282. 1860, 1,711,951. MlSSOUEI. SLAVE STATE. 67,380. 20,845. 1,182 012. B 18 Batio of increase from 1810 to 1860, 13,838 per cent. Bailroads in operation in 1860, 2,868 miles. Ditto, 1st Jan. 1864,3,080 miles. Value farm lands 1860, $ 432,531,072, Canals, 102 miles. Ratio of increased value of property from 1850 to I860, 458 per cent. At same ratio from 1860 to 1870, as from 1850 to 1860, total wealth in 1870 would be $3,993,000,000 E. ISLAND FEEE STATE. Area, 1,306 square miles. Population in 1792, 69,110. in 1860, 174,520. Product in 1859, $52,400,000. Value of property in 1860, $135,000,000. Bank capital, $20,865,569. Copies of press issued in 1860, 5,289,280. Pupils at public schools, 23,130. Volumes in public libraries, 104,342 Pupils at colleges and academies, 3,664. Per centage of native free adults who cannot read or write, 1.49. Value of churches, $1,293,700. N. JERSEY FBEE STATE. Area, 8,320 square miles. Population in 1790, 184,139. in 1860, 672,035. . 5,570. . 817. . 914. $230,632,126. . . none. . 265. $1,329,000,000. - DELAWAEE SLATE STATE. . . 2,120. . . 59,096. ! . 112,216. $16,100,000. $46,242,181. $1,640,675. . . 1,010,776. . . 8,970. . . 17,950. . . 764. . . 23-03. $340,345. S. CABOLINA SLATE STATE. . . 24,500. . . 249,073. . 703,708. 19 Eatio of increase P rom 1700 to 1860, 265 per cent. Population per square mile in 1860, 8077. Increase of population per square mile from 1790 to 1860, 58'64. Ditto from 1850 to 1860, 21'93. Population in 1860, remaining the same per square mile if area equal to that of 8. Carolina, 1,978,650. Product of 1859, $167,398,003. Per capita, $249. Farm lands 1860, improved and un- improved acres, 2,983,531. Value in 1860, $180,250,338. Agricultural products of 1860, $86,398,000. Product per acre, $28 '96. Improved lands, 1,944,445 acres. Product per acre, $44-43; Yalue of farm lands per acre, $60-42. Copies of press issued in 1860, 12,801,412. Per centage of native free adults who cannot read or write, 5'10. Per centage of native white chil- dren at school, 80-56. Pupils at colleges, academies, and public schools, 88,244. Value of churches, $3,712,863. . . 182. . . 28-72. . . 18-55. . . 1.44. Population in 1860, re- maining the same per square mile, if area equal to that of N. Jersey, 238,950. $46,445,782. $66. . . 15,595,860. $139,652,508. $39,645,728. P-54. . . 4,572,060. $8-67. $8-95. Value of farm lands if worth as much per acre as those of N. Jersey, $942,660,377. . . 3,654,840. . . 12-73. . . 26-025. . . 26-025. $2,181,476. 20 MICHIGAN FEEE STATE. Area, 56,243. Population, 1810, 4,762. 1820, 8,765 1830, 31,639 1860, 749,113 Population per square mile in 1810, 0-08 1820, 015 1830, 0-56 1860, 13-32 Absolute increase of population from 1830 to 1860, 717,474 Eelative rank in 1830, 25 1860, 16 Absolute increase of population from 1850 to 1860 per square mile, 6'25 Value of total product of 1859, $99,200,000 Of agriculture alone, $64,000,000 Total product per capita, $132-04 Farm lands improved and unim- proved in 1860, acres 6,931,442 Improved farm lands, 1860, acres 3,419,861 Value of lands improved and unim- proved in I860, $163,279,087 Product per acre, $9'23 of improved land, $18*71 Value of farm lands, 1860, per acre, $23-55 FLORIDA SLAVE STATE. . . 59,268. . . 16,989.7 .. 23,801. . . 34,730. . . 140,425. . . 0-28. . . 0'38. . . 0-58, . . 2-37. . . 105,695. . . 26. . . 31. . . 0-89. $12,300,000. $9,600,000, $87-59. . . 2,849,572. . . 676,464. $16,371,684. $301. $14-18. $5-74. Value of farm lands of Florida, if worth as much per acre as those of Michigan, $67,105,222. 21 Copies of press issued in 1 860, 11,606,596 Percentage of native free adults, who cannot read or write, 2*84 Public libraries, volumes 107,943 Pupils in public schools, academies and colleges, 112,382 Percentage of native white children at school, 99-53 "WISCONSIN FBEE STATE. Area, 53,924 square miles Population in 1840, 30,749 I860, 775,,881 Population per square mile in 1840, 0-57 Population per square mile in 1860, 8.99 Increase per square mile from 1840 to 1860, 8-42 Absolute increase of population from 1850 to 1860 per square mile,. 8 '99 Value of total product of 1859, $101,375,000 Of agriculture alone, $72,875,000 Total product per capita, $130'39 Farm lands improved and unim- proved, acres 7,899,170 Improved farm lands, 1860, acres 3,746,036 Value of lands improved and unim- proved in 1860, $131,117,082 Product of Florida lands if equal per acre to those of Michigan in 1859, $26,300.549. . . 1,081,601. . . -198. . . 2,660. . . 3,129. . . 35-77. TEXAS SLAVE STATE. . . 274,356. . . 80,983. (Eepublic.) . . 604,215. . . 0-29. . . 2-20. . . 1-91. . . 1-41. $52,749,000. $46,499,000. . . 87-30. . . 23,245,433. . . 2,649,207. $104,007,689. 22 Product per acre of improved and unimproved lands in 1.859, $9*22 Product per acre of improved lands in 1859, $19-45 Value of farm lands per acre, $16-59 Copies of presa issued in 1860, 10,798,670 Percentage of native free adults who cannot read or write,. 1*04 Public libraries, volumes, 21,020 Pupils in colleges and public schools, 61,615 Percentage of native white children at school, 74-90 INDIANA. FKEE STATE. Area, 33,809 square miles. Population, 1790, none. 1800, 4,875. 1860, 1,350,428. Product of 1859, 175,690,628. Agricultural, $132,440,682. Total product, per capita, $130'10. Product of agriculture per capita, $90-68. Population per square mile in 1800, 014, $2-00. ( 17-55. $4-47. Value of farm lands of Texas, if worth as much per acre as those of Wisconsin, $385,641,733. Product of Texas lands in 1859, if equal per acre to those of Wis- consin, $214,212,892. . . 7,855,808. . . 11-84. . . 4,230. . . 11,500. . . 45.82. TENNESSEE. SLAVE STATE. . . 45,600. . . 35,791. . . 105,602. . . 1,109,801. $99,894,070. $82,792,070. $90-01. $74-60. . 2-31. Population per square mile, 1860, 39-63. .: . . Absolute increase of . population, from 1850 to 1860, per square mile, 1072. Eelative rank in 1800, 20th. Do. in 1860, 6th. Farm lands improved and unim- proved acres, 16,315,776. Improved do. 8,161,717. Value of farm lands, $344,903,776. Do. per acre, $21-13. Value of product per acre improved and unimproved farm lands, $8'17. Do. of improved farm lands, $16'26. Volumes in public libraries, 68,403. Pupils at public schools and col- leges, 168,754. FEEE STATES, 1790. Namely Massachusetts (then in- cluding Maine,) Rhode Island, Connecticut, New Hampshire, Vermont, New York, New Jersey, and Pennsylvania. Area, 169,668 square miles. Population in 1790, 1,968,455. 18GO, 10,594,168. Population per square mile in 1790, 11-60. Do. in 1860, 62'44. Increase of population per square mile, from 1790 to 1860, 50'84. FEEE STATES OF 1860. Area, 835,631. . . 24-34. . . 2-35. . . 15th. . . 10th. . . 20,355,934. . . 6,897,974. . . 272,555,054. . . 13,39. $4-06. $12- . . . 22,896. . . 115,750. SLAVE STATES OF 1790. Namely, Delaware, Maryland, Virgin ia, North Carolina, South Carolina, G-eorgia, Kentucky and Ten- nessee. . . 300,580. . . 1,961,372. . . 7,414,684. . . 6-50. * . 24-66. . . 18-14. SLAVE STATES OF 1860. . . 888,591. Farm lands, 161,462,000. Value, $4,067,947,286. Yalue per acre, $25-19. Total product of 1859, namely, of agriculture, manufactures, mines and fisheries, $4,150,000,000. Per capita, $217. Copies of press issued in 1860, 760,034,360. By table 157, (Census of 1850), ratio of native white adults who cannot read or write, 4*12 per cent. Same tables for Census of 1860, partially estimated, 3 -21. . . 248,721,062. . . 2,570,466,935. . 10-46. $1,140,000,000. $93. . . 167,917,188. . . 17-23 (more than four to one.) . . 17-03 (more than 5 to 1). Whole additional value of all the lands of the Slave States, whether farm lands or unoccu- pied, if worth as much per acre as those of the Free States, $5,859,246,616. Total value of products of the Slave States in 1859, if equal per capita to those of the Free States, $2,653,631,032. Deduct actual products of 1859, $1,140,000,000. Absolute increase of 1859, if Free States, $1,513,631,032. That is, the additional \alue of the actual Total value of all the property, real and personal of the free States in 1860, $10,852,081,081. Annual gross profit of capital, 39 per cent. Total agricultural product of free States in 1859, $2,527,676,000. Agricultural product of Free States per capita in 1859, $131-48. Do. per acre in 1859, improved and unimproved lands, $15'65. Do. per acre, improved lands, $28-68. products of the Slave States, caused by emancipation, $1,513,631,032. Ditto, of all the Slave States including slaves $5,225,307,034. . . 22. If we could add the annual earnings of commerce (not in- cluded in the census tables), the yearly product of the Free States per capita would be almost triple that of the Slave States, the commerce of N. York alone being nearly equal to that of the entire South. $862,324,000 (Slave States). Ditto of Slave States per capita in 1859, $70-56. $3-58. 11-55. 26 It is thus demonstrated by the official statistics of the census of the United States from 1790 to 3800, that the total annual product of the Free States per capita, exceeds that of the Slave States, larg-ely more than two to one, and, including" com- merce, very nearly three to one. As regards edu- cation also we see, that the ratio in favour of the Free States is more than four to one in 1850, (4*12 to 17'23), and, in 1860, more than five to one, (8-21 to 17*03). And even as regards agricultural products, we have seen, that those of the Free States were $2,527,676,000 per annum, and of the Slave States, only $862,234,000. The value of the lands of the Free States was $25*19 per acre, of the Slave States only $10*46 per acre*, the product of the improved lands of the Free States was $28-68 per acre, and of the Slave States $11*55,. whilst, per capita, the result was $131*48, to $70*56. These facts prove how much greater the crops of the Slave States would be, if their farms, (including 1 cotton), were cultivated by free labour. It is also thus demonstrated, how completely the fertile lands of the South are exhausted and reduced in value by slave culture. Having- thus proved deductively, the ruinous effects of Slavery, I will proceed, in my next letter, inductively, to exhibit the causes which have produced these remarkable results. 11 J. WALKER. APPENDIX. BY EOBEET J. WALKEE. WE have seen by the census tables, if the product per capita of the Slave States in 1859, had been equal to that of the Free States for that year, that the ADDITIONAL value produced in 1859 in the Slave States, would have been $1,531,631,000. Now as our population augmented during that decade 35.59 per cent., this increased value, at that ratio, in 1869 would have been $2,052,332,272. If multiplying the amount each year by three only, instead of 3^-/^ the result, during that decade, would have been as follows : Product of 1860 . . . $1,559,039,962 1861 . . . 1,605,811,060 1862 . . . ,654,085,391 1863 . . . ,703,707,952 1864 . . . ,754,819,198 1865 . . . ,807,464,773 1866 ... ,861,688,716 1867 . . . 1,917,539,377 1868 . . . 1,975,065,558 1869 . . . 2,034,317,524 $1 7,873,539,511 That is, the total increased product of the Slave States, during the decade from 1859 to 1869, would have been $17,873,539,511, if the production in the Slave States had been equal, per capita, to that of the Free States. This, it will be remembered, is gross product. This, it will be perceived, is far below the actual result, as we can see by comparing the real product of 1869, $2,052,332,272, as before given, with the $2,034,317,524, as the result of a multiplication by three each year. The ratio of the increase of our ivealth, from 1850 to 1860, as shown by the census, was much greater than that of our popu- lation namely, 126.45 per cent., instead of 35. 5 P per cent. Multiplying by this ratio (126.45), the result would be an additional product in 1869, in the Slave States, of $3,427,619,475. But our wealth increases in an augmented ratio during each decade. Thus, the ratio of the increase of our wealth, as shown by the census, was as follows : From 1820 to 1830 . . . . 41 per cent. 1830 to 1840 .... 42 1840 to 1850 .... 64 1850 to 1860 .... 126.45 Thus, the increase of our wealth from 1840 to 1850, was more than 50 per cent, greater than from 1830 to 1840 ; and from 1850 to 1860, nearly double that from 1840 to 1850. At the same duplicate ratio, from 1850 to 1870, the result would be over 250 per cent. That such would have been a close approxi- mation to the true result, is rendered still more probable by the fact, that the product of 1859, as shown by the census, was 250 per cent, greater than that of 1849. If, then, instead of 126.45 per cent, we were to assume 250 per cent, as the ratio, the result would be in 1869, $5,297,708,612, as the increased product of the Slave States that year, if the ratio per capita were equal to that of the Free States. If we carry out these ratios from 1859 to 1869, either of 126.45, or of 250 into the aggregate of the decade, the results are startling. Assuming, however, that of the population only, we have seen that the aggregate result in the decade from 1859 to 1869 was over seventeen billions of dollars, or largely more than ten times our debt, incurred by this rebellion. When, then, I reassert the opinion, heretofore expressed by me, that as the result of the superiority of free over slave labour, our wealth in 1870, and especially in each succeeding decade, as a consequence of the entire abolition of Slavery in the United States, will be far greater, notwithstanding the debt, than if the rebellion had never occurred, there is here presented conclusive official proof of the truth of this statement. We have seen that our wealth increased from 1850 to 1860, 126.45 per cent., whilst that of England, from 1851 to 1861, augmented only at the rate of 37 per cent. Applying these several ratios to the progress of the wealth of the United Kingdom and the United States, respectively, in 1870, 1880, 1890, and 1900, the result is given below. We have seen by the census, that our national wealth was in 1850 $7,135,780,228 1860 16,159,616,068 Increase from 1850 to 1860, 126.45 per cent. England 1851 to 1861, 37 per cent. Assuming these ratios, the result would be as follows : United Kingdom, 1861, wealth $31,500,000,000 1871, 43,155,000,000 1881, 59,122,350,000 1891, 80,997,619,500 1901, 110,966,837,715 United States, 1860, wealth, $16,159,616,068 1870, ' 36,593,450,585 1880, 82,865,868,849 1890, 187,314,353,225 1900, 423,330,438,288 Thus, it appears by the census of each nation, that, each increasing in the same ratio respectively as for the last decade, the wealth of the United States in 1880 would exceed that of the United Kingdom $23,743,518,849 ; that in 1890 it would be much more than double, and in 1900, approaching quadruple that of the United Kingdom. When we reflect that England increases in wealth much more rapidly than any other country of Europe, the value of these statistics may be estimated, as proving how readily our national debt can be extinguished without oppressive taxation. These are the results, founded on the actual statistics, without estimating the enormous increase of our national wealth, arising from the abolition of Slavery. We have seen that, by the official tables of the census of I860, the value of the products of the United States, so far as given, for the year 1859, was $5,290,000,000. But this is very short of the actual result. The official report (pages 59, 190, 198 to 210), shows that this included only the products of " agriculture, manufactures, mines, and fisheries." In referring to the result as to " manufactures" at page 59 of his official report before given, the Superintendent says, " If to this amount were added the very large aggregate of mechanical productions below the annual value of $500, of which no official cognizance is taken, the result would be one of startling magnitude" 1. This omission alone, for gross product, is estimated at $500,000,000. B 2 2. Milk and eggs, fodder, wood, poultry and feathers, omitted, gross products, estimated at $350,000,000. 3. Gross earnings of trade and commerce, including freights, &c., by land and water, $1,000,000,000. 4. Gross earnings of all other pursuits and business, including all other omissions, $1,000,000,000. Total gross products of 1860, as thus estimated, $8,140,000,000, of which the amount for the Free States, as estimated, is $6,558,33-1,000, and for the Slave States, $1,581,666,000. I have heretofore referred to the vast influence of education as one of the principal causes of the greater product per capita in the Free than in the Slave States, of the much larger number of patents, of inventions, and discoveries, in the former than in the latter. At the April Meeting of 1844, upon the request of the Society, I delivered at Washington (D. C.) the Introductory Address for the National Institute, in which, up to that date, an account was given by me of " the various improvements and discoveries made by our countrymen in the inductive sciences." On reference to that address, which was published at its date (April, 1844), with their bulletin, it will be seen that, from the great Franklin down to Kinnersley, Fitch, Rumsey, Fulton, Evans, Rush, the Stevens of New Jersey, Whitney, Godfrey, Rittenhouse, Silliman, J. Q. Adams, Cleveland, Adrain, Bowditch, Hare, Bache, Henry, Pierce, Espy, Patterson, Nulty, Morse, Walker, Loomis, Rogers, Saxton, and many others ; these men, with scarcely an exception, were from the Free States. EXTEACT. " And, first, of electricity. This has been cultivated with the greatest success in our country, from the time when Franklin with his kite drew down electricity from the thunder cloud, to that when Henry showed the electrical currents produced by the distant lightning discharge. In Franklin's day the idea prevailed that there were two kinds of electricity, one produced by rubbing vitreous substances, the other by the friction of resinous bodies. Franklin's theory of one electric fluid in all bodies, disturbed in its equilibrium by friction, and thus accumulating in one and deserting the other, maintains its ground, still capable of ex- plaining the facts elicited in the progress of modern discovery. Franklin believed that electricity and lightning were the same, and proceeded to the proof. He made the perilous experiment, by exploring the air with a kite, and drawing down from the thunder cloud the lightning's discharge upon his own person. The bold philosopher received unharmed the shock of the electric fluid, more fortunate than others who have fallen victims to less daring experiments. The world was delighted with the dis- coveries of the great American, and for a time electricity was called Franklinism on the continent of Europe; but Franklin was born here, and the name was not adopted in England. While Franklin made experiments, Kinnersley exhibited and illustrated them, and also rediscovered the seemingly opposite electricities of glass and resin. Franklin's lightning rod is gradually surmounting the many difficulties with which it con- tended, as experience attests the greater safety of houses pro- tected by the rod, properly mounted, whilst the British attempt to substitute balls for points has failed. This question, as to powder magazines, has lately excited much controversy. Should a rod be attached to the magazine, or should it be placed upon a post at some distance ? This question has been solved by Henry. . When an electrical discharge passes from one body to another, the electricity in all the bodies in the neighbourhood is affected. Henry magnetized a needle in a long conductor, by the discharge from a cloud, more than a mile from the conductor. If a dis- charge passes down a rod, attached to a powder house, may it not cause a spark to pass from one receptacle for powder to another, and thus inflame the whole? The electrical plenum, which Henry supposed, is no doubt disturbed, and to great distances ; but the effect diminishes with the distance. If all the principal conductors about a building can be connected with a lightning rod, there is no danger of a discharge ; for it is only in leaving or entering a conductor that electricity produces heating effects; but if not, the rod is safer at a moderate distance from the building. The rate at which electricity moved was another of the experi- ments of Franklin. A wire was led over a great extent of ground, and a discharge passed through it. No interval could be per- ceived between the time of the spark passing to and from the wire at the two ends. Not long since, Wheatston of England, aided by our own great mechanic, Saxton, solved the problem. This has induced Arago, of France, to propose to test the rival theories of light, by similar means to measure thus a velocity, to detect which has heretofore required a motion over the line of the diameter of the earth's orbit. In galvanism, our countrymen have made m.iny important disco- veries. Dr. Hare invented instruments of such great power as well to deserve the names of calorimeter and deflagrator. The most refractory substances yielded to the action of the deflagrat- r, melt- ing like wax before a common fire. Even charcoal was supposed 6 to be fused in the experiments of Hare and Silliman, and the visionary speculated on the possibility of black as well as white diamonds. Draper, by his most ingenious galvanic battery, of two metals and two liquids, with one set of elements, in a glass tube not the size of the little finger, was able to decompose water. Faraday, of England, discovered the principle, that when a cur- rent of electricty is set in motion, or stopped in a conductor, a neighbouring conductor has a current produced in the opposite direction. Henry proved that this principle might be made available to produce an action of a current upon itself, by forming a conductor in the whirls of a spiral, so that sparks and shocks might be obtained by the use of such spirals, when connected with a pair of galvanic plates, a current from which could give no sparks and no shocks. Henry's discoveries of the effects of a current in producing several alternations in currents in neigh- bouring conductors, the change of the quality of electricity which gives shocks to the muscles into that producing heat, and vice versa, his mode of graduating these shocks, bis theoretical investigations into the causes of these alterations, are abstruse, but admirable ; and his papers have been republished throughout Europe. The heating effects of a galvanic current have been applied by Dr. Hare to blasting. The accidents which so often happen in quarries may be avoided by firing the charge from a distance, as the current which heats the wire, passing through the charge, may be conveyed, without perceptible diminution, through long distances. A feeble attempt to attribute this im- portant invention of Dr. Hare to Colonel Pasley, an English engineer, has been abandoned. This is the marvellous agent by which our eminent countryman, Morse, encouraged by an appro- priation made by Congress, will, by means of his electric tele- graph, soon communicate information forty miles, from Washing- ton to Baltimore, more rapidly than by whispering in the ear of a friend sitting near us. A telegraph on a new plan at that time, invented by Mr. Grout, of Massachusetts, in 1799, asked a ques- tion and received an answer in less than ten minutes through a distance of ninety miles. The telegraph of Mr. Morse will prove, I think, superior to all others ; and the day is not distant when, by its aid, we may perhaps ask questions and receive replies across our continent, from ocean to ocean, thus uniting with steam in enlarging the limits over which our Republic may be safely extended.* * This address was made and published several months before any electric telegraph line was in operation, and is believed to be the first prediction of the success of this principle, as CONTINENTAL or OCEANIC. Many of our countrymen have contributed to the branch which regards the action of electrified and magnetic bodies. Lukens' application of magnetism to steel, (called touching^} the compass of Bissel for detecting local attraction, of Burt for de- termining the variation of the compass, and the observations on the variations of the needle made by Winthrop and Dewitt, deserve notice and commendation. Not long since, Gauss of Germany, invented instruments by which the changes of magnetic variation and force could be accurately determined. Magnetic action is ever varying. The needle does not point in the same direction for even a few minutes together. The force of magnet- ism, also, perpetually varies. True as the needle to the pole, is not a correct simile for the same place, and, if we pass from one spot to another, is falsified at each change of our position ; for the needle changes its direction, and the force varies. Enlarged and united observations, embracing the various portions of the world, must produce important results. The observations at Philadelphia, conducted by Dr,A. D. Bache, and now continued by him under the direction of the Topographical Bureau, are of great value, and will, it is hoped, be published by Congress. Part of them have already first seen the light in Europe a result much to be regretted, for we are not strong enough in science to spare from the national records the contributions of our country- men. These combined observations, progressing throughout the world, are of the highest importance. The University of Cambridge, the American Philosophical Society, and Girard College, have erected observatories; and one connected with the Depot of Charts and Instruments has been built last year in this city by the Govern- ment, and thoroughly furnished with instruments for complete observations. The names of Bache, Gillis, Pierce, Lovering, and Bond, are well known in connection with these establishments. A magnetic survey of Pennsylvania has been made by private enterprise, and the beginning of a survey in New York. Loomis has observed in Ohio, Locke in Ohio and Iowa, and to him be- longs the discovery of the position of the point of greatest mag- netic intensity in the Western World. Most interesting magnetic observations (now in progress of publication by Congress) are the result of the toilsome, perilous, and successful expedition, under Commander Wilkes, of our navy, by whom was discovered the Antarctic continent, and a portion of its soil and rock brought home to our country. The analogy of the auroral displays with those of electricity in motion, were first pointed out by Dr. A. D. Bache, whose re* searches," in conjunction with Lloyd of Dublin, to determine 8 whether differences of longitude could be measured by the ob- servations of small simultaneous changes in the position of the magnetic needle, led to the knowledge of the curious fact, that these changes, which had been traced as simultaneous, or nearly so, in the continent of Europe, did not so extend across the Atlantic. Kindred to these two branches, are electro-magnetism and magneto-electricity, connected with which, as discoverers, are our eountrymen Dana, Green, Hare, Henry, Page, Rogers, and Saxton. The reciprocal machine for producing shocks, invented by Page, and the powerful galvanic magnet of Henry, are en- titled to respectful notice. This force, it was thought, might be substituted for steam ; but no experiments have as yet established its use, on any important scale, as a motive power. The fact that an electrical spark could be produced by a peculiar arrange- ment of a coil of wire, connected with a magnet, is a recent dis- covery ; and the first magneto-electric machine capable of keeping up a continuous current was invented by Saxton. Electricity and magnetism touch in some points upon heat. Heat produces electrical currents ; electrical currents produce heat. Heat destroys magnetism. Melted iron is incapable of magnetic influence. Reduction of temperature in iron so far decreases the force, that a celebrated philosopher made an ela- borate series of experiments to ascertain whether a great reduc- tion of temperature might not develope magnetic properties in metals other than iron. This branch of thermo-electricity has received from us but little attention. Franklin's experiments, by placing differently coloured cloths in the snow, and showing the depth to which they sunk, are still quoted, and great praise has been bestowed abroad on a more elaborate series of experiments, by a descendant of his, Dr. A. D. Bache, proving that this law does not hold good as to heat, unaccompanied by light. The experiments of Saxton and Goddard demonstrate that solid bodies do slowly evaporate. It is proper here to mention our countryman, Count Rumford, whose discoveries as to the nature and properties of heat, improvement in stoves and gunnery, and in the structure of chimneys and economy of fuel, have been so great and useful. Light accompanies heat of a certain temperature. That it acts directly to increase or decrease magnetic force, is not yet proved; and the interesting experiments made by Dr. Draper, in Virginia, go to show that it is without magnetic influence. The discussion of this subject forms the branch of optics?, touching physical sci- ence on the one side, the most refined, and the highest range of mathematics on the other. Rittenhouse first suggested the true explanation of the experiment, of the apparent conversion of a cameo into an intaglio, when viewed through a 'compound micro- scope, and anticipated many years Brewster's theory. Hopkin- son wrote well on the experiment made by looking at a street lamp through a slight texture of silk. Joscelyn, of New York, in- vestigated the causes of the irradiation manifested by luminous bodies, as for instance the stars. Of late, photographic experi- ments have occupied much attention, and Draper has advanced the bold idea, supported by experiment, that the agent in the so- called photography, is not light, nor heat, but an agent differing from any other known principle. Henry has investigated the luminous emanation from lime, calcined with sulphur, and certain other substances, and finds that it differs much from light in some of its qualities. Astronomy is the most ancient and highest branch of physics. One of our earliest and greatest efforts in this branch was the in- vention of the mariner's quadrant, by Godfrey, a glazier of Phila- delphia. The transit of Venus, in the last century, called forth the researches of Rittenhouse, Owen, Biddle, and President Smith, near Philadelphia, and of Winthrop, at Boston. Two orreries were made by Rittenhouse, as also a machine for pre- dicting eclipses. Most useful observations, connected with the solar eclipses, from 1832 to 1840, have been made by Paine, of Boston. We have now well supplied observatories at West Point, Washington, Cambridge, Philadelphia, Hudson, Ohio, and Tusk- aloosa, Alabama, and the valuable labours of Loomis, Bartlett, Gilliss, Bond, Pierce, Walker, and Kendall, are well known. Mr. Adams, so distinguished in this branch and that of weights and measures, laid last year the corner-stone of an observatory at Cincinnati, where will soon be one of the largest and most power- ful telescopes in the world. Most interesting observations as to the great comet of 1843 were made by Alexander, Anderson, Bartlett, Kendall, Pierce, Walker, Downes, and Loomis, and valuable astronomical instruments have been constructed by Amasa Holcomb, of Massachusetts, and Wm. J. Young, of Phila- delphia. It is difficult to class the brilliant meteors of November the 1 3th, 1833. If such meteors are periodic, the discovery was made by Professor Olmsted ; and Mr. Herrick, of New Haven, has added valuable suggestions. The idea that observers, differently placed, of the time of appearance and disappearance of the same meteor, would give the means of determining differences of longitude, was first applied in our own country, where the difference of longitude of Princeton and Philadelphia was determined by observations of Henry and Alexander, Espy and Bache. In meteorology our i* 11 12 encountered unbounded ridicule and opposition, as he advanced to confer the greatest benefits on mankind, by the application of steam to navigation. So Oliver Evans, of Pennsylvania, (who has made much such useful improvements in the flour mill,) was pro- nounced insane, when he applied to the Legislatures of Pennsyl- vania and Maryland for special privileges in regard to the appli- cation of steam to locomotion on common roads. In 1810, he was escorted by a mob of boys, when his amphibolas was moved on wheels by steam more than a mile through the streets of Phi- ladelphia, to the river Schuylkill, and there, taking to the water, was paddled by steam to the wharves of the Delaware, where it was to work as a dredging machine. Pulton's was the first suc- cessful steamboat, Stevens's the first that navigated the ocean, Oliver Evans's the first high-pressure engine applied to steam navigation. Stevens's boat, by an accident, did not precede Ful- ton's, and Stevens's engine was wholly American, and constructed entirely by himself, and his propeller resembled much that now introduced by Ericsson. Stevens united the highest mechanical skill with a bold, original, inventive genius. His sons, (especially Mr. Robert L. Stevens, of New York,) have inherited much of the extraordinary skill and talent of their distinguished father. The first steamboat that ever crossed the ocean was built by one of our countrymen, and their skill in naval architecture has been put in requisition by the Emperor of Russia and the Sultan of Turkey. The steam machines invented by our countrymen to drive piles, load vessels, and excavate roads, are most ingenious and useful. The use of steam, as a locomotive power, upon the water and the land, is admirably adapted to our mighty rivers and extended territory. From "Washington to the mouth of the Ore- gon is but one half,* and to the mouth of the Del Norte but one fourth, of the distance of the railroads already constructed here ; and to the latter point, at the rate of motion (thirty miles an hour) now in daily use abroad, the trip would be performed in two days, and to the former in four days. Thus, steam, if we measure distance by the time in which it is traversed, renders our whole Union, with its most extended limits, smaller than was the State of New York ten years since. Steam cars have been moved, as an experiment, both here and abroad, many hundred miles, at the rate of sixty miles an hour ; but what will be the highest velocity ultimately attained in common use, either upon the water or the land, is a most important problem, as yet entirely unsolved. Our respected citizens, Morey and Drake, have endeavoured to sub- stitute the force of explosion of gaseous compounds for steam. The first was the pioneer, and the second has shown that the * Now onlv one tenth. 13 problem is still worth pursuing to solution. An energetic western mechanic made a bold but unsuccessful effort to put in operation an engine acting by the expansion of air by heat ; and a similar most ingenious attempt was made by Mr. Walter Byrnes, of Con- cordia, Louisiana ; as also to substitute compressed air, and air compressed and expanded, as a locomotive power. All attempts to use air as a motive power, except the balloon, the sail vessel, the air gun, and the windmill, have thus far failed ; but what in- ventive genius may yet accomplish in this respect, remains yet undetermined. There is, it is true, a mile or more of pneumatic railway used between Dublin and Kingstown. An air pump driven by steam exhausts the air from a cylinder in which a piston moves ; this cylinder is laid the whole length of the road, and the piston is connected to a car above, so that, as the piston moves forward on the exhaustion of the air in front of it, the car is also carried forward. The original idea of this pneumatic rail- way was derived from the contrivance of an American, quite un- known to fame, who, as his sign expressed it, showed to visitors a new mode of carrying the mail,* more simple, and quite as valu- able, practically, as this atmospheric railway. The submerged propeller of Ericsson, and the submerged paddle wheel, the rival experiments of our two distinguished naval officers, Stockton and Hunter, are now candidates for public favour ; and the Princeton on the ocean as she moves in noiseless majesty, at a speed never before attained at sea, seems to attest the value of one of these ex- periments, whilst the other is yet to be determined. The im- penetrable iron steam vessel of Mr. Stevens is not yet completed, nor have those terrific engines of war, his explosive shells, yet been brought to the test of actual conflict. In curious and useful mechanical inventions, our countrymen are unsurpassed, and a visit to our new and beautiful Patent Office will convince the close observer that the inventive genius of America never was more active than at the present moment. The machines for working up cotton, hemp, and wool, from their most crude state to the finest and most useful fabrics, have all been improved among us. The cotton gin of Eli Whitney has altered the destinies of one-third of our country, and doubled the exports of the Union. The ingenious improvements for imitating medals, by parallel lines upon a plain surface, which, by the distances between them, give all the effects of light and shade that belong to a raised or depressed suriace, invented by Gobrecht and per- fected by Spencer, has been rendered entirely automatic by Saxton, so that it not only rules its lines at proper distances and of suit- * This idea unquestionably originated in the United States, but has been improved last year, and introduced by Mr. Rammel, of England. 14 able lengths, but when its work is done it stops. In hydraulics, we have succeeded well ; and the great aqueduct over the Potomac at Georgetown, constructed by Major Turnbull, of the Topogra- phical Corps, exhibits new contrivances, in overcoming obstacles never heretofore encountered in similar projects, and has been pronounced in Europe one of the most skilful works of the age. The abstract mathematics does not seem so well suited to the genius of our countrymen as its application to other sciences. Those among us who have most successfully pursued the pure mathematics, are chiefly our much esteemed adopted citizens, such as Nulty, Adrain, Bonnycastle, Gill, and Hassler. Bowditch was an American, and is highly distinguished at home and abroad. Such men as Plana and Babbage rank him among the first class, and his commentary on the " Mecanique Celeste" of Laplace, has secured for him a niche in the temple of fame, near to that of its illustrous author. Anderson and Strong are known to all who love mathematics, and Fischer was cut off by death in the commencement of a bright career. And may I here be indulged in grateful remembrance of two of my own preceptors, Dr. R. M. Patterson and Eugene Nulty. The first was the Professor at my Alma Mater (the University of Pennsylvania) in natural philosophy and the application of mathematics to many branches of science. He was beloved and respected by all the class, as the courteous gentleman and the profound scholar ; and the mint of the United States, now under his direction, at Philadelphia, has reached the highest point of system, skill, and efficiency. In the pure mathematics Nulty is unsurpassed at home or abroad. In an earlier day, the elder Patterson, Ellicot, and Mansfield, culti- vated this branch successfully in connection with astronomy. A new and extensive country is the great field for descriptive natural history. The beasts, birds, fishes, reptiles, insects, shells, plants, stones, and rocks, are to be examined individually and classed ; many new varieties and species are found, and even new genera may occur. The learned Mitchell, of New York, delighted in these branches. The eminent Harlan, of Philadelphia, and McMurtrie, were of a later and more philosophic school. Nuttall, of Cambridge, has distinguished himself in natural history, and Haldeman is rising to eminence. Ornithology is one of the most attractive branches of natural history. Wilson was the pioneer ; Ord, his biographer, followed, and his friend Titian Peale ; Audubon is universally known, and stands pre-eminent ; and the learned Nuttall, and excellent and enthusiastic Townsend are much respected. Most of these men have compassed sea and land, and encountered many perils and hardships to find their specimens. They have explored the 15 mountains of the North, the swamps of Florida, the prairies of the West, and accompanied the Exploring Expedition to the Ant- arctic, and round the world. As botanists, the Bartraras, Bar- ton, and Collins, of Philadelphia, Torrey, of New York, Gray and Nuttall of Cambridge, Darlington, of Westchester, are much esteemed. The first botanical garden in our country was that of the Bartons, near Philadelphia ; and the first work on botany was from Barton, of the same city. Logan, "Woodward, Brailsford, Shelby, Cooper, Horsefield, Golden, Clayton, Muhlenburg, Marshal, Cutler, and Hosack, were also distinguished in this delightful branch. A study of the shells of our country has raised to eminence the names of Barnes, Conrad, Lea, and Raffinesque. The magnificent fresh water shells of our western rivers are unrivalled in the old world, in size and beauty. How interesting would be a collection of all the specimens which the organic kingdom of America pre- sents, properly classified and arranged according to the regions and States whence they were brought. Paris has the museum of the natural history of France, and London of Great Britain ; but Washington has no museum* of the United States, though so much richer in all these specimens. In mineralogy, the work of Cleveland is most distinguished. Shepherd, Mather, Troost, Torrey, aud a few others, still pursue mineralogy for its own sake; but, generally, our mineralogists have turned geologists, studying rocks on a large scale, instead of their individual constituents, and vying with their brethren in Europe in bold and successful generalization, and in the appli- cation of physical science to their subject. Maclure was one of the pioneers, and Eaton and Silliman contributed much to the stock of knowledge. This school has given rise to the great geo- logical surveys made or progressing in several of the States. Jackson, in Maine ; Hitchcock, in Massachusetts ; Vanuxen, Conrad, and Mather, in New York ; the Rogers, in New Jersey, Pennsylvania, and Virginia ; Ducatel, in Maryland ; Owen and Locke, in the West ; Troost, in Tennessee ; Horton, in Ohio ; the courageous, scientific, and lamented Nicolet, in Missouri, Iowa, and Wisconsin, have made contributions, not only to the geology of our country, but to the science of geology itself, which are con- ceded to be among the most valuable of the present day. The able reports of Owen and Nicolet were made to Congress, and deserve the highest commendation. In geographical science, the explorations of Lewis and Clarke ; of Long, Nicolet, and the able and intrepid Fremont ; the effect- ive State survey of Massachusetts ; the surveys of our public * We now have several such museums in Washington. 16 lands; the determination of the boundaries of our States, and especially those of Pennsylvania, by Rittenhouse and Elliot ; of part of Louisiana, by Graham and Kearney; of Michigan, by Talcott; and of Maine, by Graham; have gained us great credit. The national work of the coast survey, begun by the late Mr. Hassler, and prosecuted through all discouragements and difficul- ties by that indomitable man, has reflected honour upon his adopted country, through the Government which liberally sup- ported the work, and through whose aid it is now progressing, under new auspices, with great energy.* The lake survey is also now advancing under the direction of Captain Williams, of the Topographical Corps. Among the important recent explorations, is that of the enlightened, untiring, and intrepid Fremont, to Oregon, which fixes the pass of the Rocky Mountains within twenty miles of the northern boundary of Texas. Lieutenant Fremont is a member of the Topographical Corps, which, together with that of Engineers, contains so many distinguished officers, whose labours, together with those of their most able and distinguished chiefs, Colonel Totten and Colonel Abert, fill so large a portion of the public documents, and are so well known and highly appreciated by both Houses of Congress and by the country. The Emperor of Russia has entered the ranks of our Topographical Corps, and employed one of their distinguished members, Captain Whistler, to construct his great railroad from St. Petersburg to Moscow. The travels of our countrymen, Stephens, to Yucatan and Guatemala, to Egypt, Arabia, and Jerusalem ; and of Dr. Grant to Nestoria, have increased our knowledge of geography and of antiquities, and have added new and striking proofs of the truths of Christianity. Fossil geology occupied much of the time and attention of the great philosopher and statesman, Jefferson, and he was rewarded by the discovery of the megatherium. The mastodon, exhumed in 1801, from the marl pits of New York, by Charles Wilson Peale, has proved but one of an order of animal giants. Even the tetracaulodon, or tusked mastodon, of Godman, upon which rested his claims to fame, is not the most curious of this order, as the investigations of Hayes and Homer have proved. This order has excited the attention, not only of such minds as Cooper, Harlan, and Hays, but has also occupied the best naturalists of France, Britain, Germany, and Italy. Fossil conchology has attracted the attention of Conrad, the Lees' and the Rogers', not only calling forth much ingenuity in description and classification, but also throwing great light upon the relative ages of some of the most interesting geological forma- * Our Coast Survey, as commenced by Hassler, and being completed by Bache, is admitted in Europe to be the best in the world. 17 tions. The earthquake theory of the Rogers' is one of the boldest generalizations, founded upon physical reasoning, which our geo- logists have produced. In the parallel ridges into which the Apalachian chain is thrown, they see the crests of great earth- quake waves, propagated from long lines of focal earthquake action, more violent than any which the world now witnesses. The geologist deals in such sublime conceptions as a world of molten matter, tossed into waves by violent efforts of escaping vapours, cooling, cracking, and rending, in dire convulsion. He then ceases to discuss the changes and formation of worlds, and condescends to inform us how to fertilize our soil, where to look for coal and iron, copper, tin, cobalt, lead, and where we need not look for either. He is the Milton of poetry, and the Watt of philosophy. And here let me add, that the recent application of chemistry to agriculture is producing the most surprising results, in increasing and improving the products of the earth, and setting at defiance Malthus' theory of population. In medicine, that great and most useful branch of physics, our countrymen have been most distinguished. Prom the days of the great philosopher, physician, patriot, and statesman, Benjamin Rush, down to the present period, our country has been unsur- passed in this branch ; but I have not time even to give an outline of the eminent Americans, whose improvements and discoveries in medicine have contributed so much to elevate the character of our country, and advance the comfort and happiness of man. Rush, one of the founders of this branch in America, was one of the signers of our Declaration of Independence, and his school of medicine was as independent and national as his course in our revolutionary struggle. Statistics are chiefly concerned, as furnish- ing the facts connected with government and political economy, but they are also ancillary to physics. The statistical work of Mr. Archibald Russell, of New York, which immediately pre- ceded the last census, contained many valuable suggestions, some of which were adopted by Congress ; and had more been incor- porated into the law, the census would have been much more complete and satisfactory. The recent statistical work of Mr. George Tucker of Virginia, on the census of 1840, is distinguished by great talent and research, and is invaluable to the scholar, the philosopher, the statesman, and philanthropist. THE END. BOUND BY BON E & SON .