VI. TREATIES—EXTRADITION TREATIES
1. A treaty is a written contract, entered into by two nations, on some question of interest or intercourse between them. It is precisely of the nature of a contract between two persons when they bind themselves to do, or not to do, certain things specified in the contract. That would be a treaty between individuals. Treaties between nations are only different in the solemn and formal manner of arranging and confirming these agreements.
2. Treaties have often been of great service to the world, both in ancient and modern times. By these negotiations, wars have been prevented, friendly relations maintained, and commercial intercourse kept up, advantageously to both parties. Treaties may be negotiated by any persons properly authorized by their governments to do so; and any government may authorize such persons as they see fit, to perform these important acts. In many cases the ordinary ministers who represent their governments to other governments, negotiate ordinary treaties. But in cases where something of an extraordinary character is to be arranged, special ministers or commissioners are sent for this express purpose. This was the case at the treaty of Ghent (so called from the name of the place where the commissioners met to arrange it), in 1814; by which a peace was brought about between England and the United States, after the last war between those powers. Special ministers, or commissioners, as they were denominated, were appointed and sent for this very purpose. A treaty of peace was agreed upon by the commissioners of the respective countries, and hostilities ceased as soon as the news reached the United States.
3. In some cases our government has authorized its commanding generals to make a treaty with the hostile nation. It has also given the same power to the commanders of our national vessels; and also, in a few cases, to our consuls, in countries at a great distance from home, such as China, Japan, Siam, and Turkey.
The persons authorized to negotiate a treaty, rarely act without instructions from their government, as to the times and conditions of the proposed treaty. Much, however, must be left to the sound judgment and discretion of the negotiators as to the details.
4. It must be borne in mind that a treaty, although mutually agreed upon by the agents of the nations concerned, is not binding upon either party until properly ratified according to the forms of the respective governments interested. The modes of ratification differ in different governments. In ours the Constitution confers this power upon the President, by and with the advice and consent of two-thirds of the Senate.
In absolute monarchies this power rests in the hands of the King or Emperor alone. As before stated, every government may confer the power to negotiate a treaty upon such agents as it pleases. It also has the power to prescribe such modes of ratifying or confirming it, as it pleases.
5. But when once made and approved, it becomes binding not only upon the respective governments that made it, but upon all the citizens and subjects of that government. It has been held in this country by our greatest lawyers and statesmen, that the provisions of a treaty bind Congress, the President, and every citizen as much as any Constitutional provision or act of Congress. And for this reason our treaties are published in the papers in every State and Territory in the Union, in the same manner, and to the same extent, as the laws of Congress.
6. The violation of a treaty by either of the parties thereto, is reprehensible and criminal. It is derogatory to the character of any nation or individual that does it. It destroys the confidence of one nation in the other, leads to unfriendly feelings and acts between the parties, and may bring on a war, if satisfaction is not given. Yet such things have been done, and evil consequences have always followed. “If you make a bargain, stick to it,” is a common, trite, and wise saying.
Just here it seems proper to call attention to the fact that the Constitution prohibits any State from making any treaty with any foreign government. The reason for this provision is very obvious, for, if allowed, a State might confer privileges upon foreign powers which would be incompatible with the interests of other States. Therefore the treaty-making power is kept wholly in the hands of the general government, for in it every State has its representatives, and a voice in every treaty which it makes.
7. So numerous are the treaties which the United States has made with nearly every civilized nation upon earth, that it would require a very large volume to contain them. They are published with the laws, and generally in English and in the language of the nation with whom the treaty is made. They may be found in the United States Statutes at Large. It would require too much space in a work of this kind, to give even their titles.
8. Wars have been stopped; boundary lines between nations have been established; commercial intercourse arranged; the purchase and sale of lands, and a variety of other things have been the subjects, and formed the matter of treaties. Several of our most important ones relate to the purchase of territory. We acquired the States of Louisiana, Arkansas, and Missouri, by a treaty with France in 1803. It was called the Louisiana purchase; for it was nothing more than a purchase and sale of lands. We also acquired Florida of Spain, in 1819, in the same way, and California and New Mexico of Mexico, in 1847.
9. The immense quantities of land purchased of the Indians, were obtained by treaties with them. We are sorry to say that in some cases they have treacherously violated their treaty obligations; but at the same time it should be said by way of extenuating their offense, that our own government agents appointed for the purpose of taking care of the interests of the poor Indians, have, in connection with the white traders among them, shamefully cheated and wronged them, and provoked them not only to disregard their obligations, but to perpetrate murders, robberies, and thefts upon the whites who live near them. At different times during the years past, the Indians have been very hostile to us, and have waged war against the whites in their vicinity for the reasons above stated. “Honesty is the best policy.”
10. In the early part of the year 1867, a treaty was negotiated by William H. Seward, our Secretary of State, on the part of the United States, and Edward de Stoekl, the Russian Minister to the United States, on the part of Russia, for the cession of the Russian possessions in North America to the United States.
This treaty may be regarded as one of the most important of all our treaties with foreign powers; for by it the United States acquire between 350,000 and 400,000 square miles of territory, in addition to our already immense possessions; and it places by far the greater part of the Northwestern coast of North America under the control of the United States government.
For the purpose of giving a specimen of a treaty, and showing some of the details of this negotiation, we here insert it in full, as agreed upon by the contracting parties. $7,000,000 in gold is the consideration which the United States paid Russia for this territory. This treaty has been ratified by the United States and Russian governments, and the money, ($7,000,000 in gold) has been appropriated for the purpose, and paid to the Russian Minister.
THE RUSSIAN TREATY.
The following is the text of the Russian-American treaty:
The United States of America, and his Majesty, the Emperor of all the Russias, being desirous of strengthening, if possible, the good understanding which exists between them, have for that purpose appointed as their plenipotentiaries, the President of the United States, William H. Seward, Secretary of State, and his Majesty the Emperor of all the Russias, Mr. Edward de Stoekl, his Envoy Extraordinary and Minister Plenipotentiary to the United States, and the said plenipotentiaries, having exchanged their full powers, which were found to be in due form, have agreed upon and signed the following articles:
ARTICLE I. His Majesty, the Emperor of all the Russias, agrees to cede to the United States, by this convention, immediately upon the exchange of the ratifications thereof, all the territory and dominion now possessed by his said Majesty on the continent of America and in the adjacent islands, the same being contained within the geographical limits herein set forth, to wit: The eastern limit is the line of demarcation between the Russian and British possessions in North America, as established by the convention between Russia and Great Britain, of February 28 (16), 1825, and described in articles third and fourth of said convention in the following terms: Commencing from the southernmost point of the island called Prince of Wales’ Island—which point lies in the parallel of 50 deg. 40 min. north latitude, and between the 131st and 133d deg. of west longitude, meridian of Greenwich—the said line shall ascend to the north along the channel called Portland Channel, as far as the point of the continent where it strikes the 56th degree of north latitude. From this last mentioned point the line of demarcation shall follow the summit of the mountains situated parallel to the coast as far as the point of intersection of the 141st degree of west longitude of the same meridian, and finally from the said point of intersection the said meridian line of the 141st degree in its prolongation as far as the Frozen Ocean. With reference to the line of demarcation laid down in the preceding article, it is understood—first, that the island called Prince of Wales’ Island shall belong wholly to Russia, and now, by this cession, wholly to the United States; second, that whenever the summit of the mountains which extend in a direction parallel to the coast from the 56th degree of north latitude to the point of intersection of the 141st degree west longitude shall prove to be at the distance of more than ten marine leagues from the ocean, the limit between the British possessions and the line of coast which is to belong to Russia as above mentioned—that is to say, the limit of the possessions ceded by this convention—shall be formed by a line parallel to the winding of the coast, and which shall never exceed the distance of ten marine leagues therefrom. The western limit, within which the territories and dominion conveyed are contained, passes through a point in Behring’s Strait on the parallel of 65 deg. 30 min. north latitude, at its intersection by the meridian which passes midway between the island of Krusenstern, or Ignaalook, and the island of Ratmanog, or Noonerbook, and proceeds due north without limitation into the same Frozen Ocean. The same western limit beginning at the same initial point, proceeds thence in a course nearly northwest through Behring’s Strait and Behring’s Sea, so as to pass midway between the north-west part of the island of St. Lawrence and the south-east point of Cape Choukottki to the meridian of 172 deg. west longitude. Thence, from the intersection of that meridian, in a south-westerly direction, so as to pass midway between the island of Attou and the copper island of the Koranddorski couplet or group in the North Pacific Ocean, to the meridian of 193 deg. west longitude, so as to include in the territory conveyed the whole of the Aleutian Islands east of that meridian.
ART. II. In the cession of territory and dominion made by the preceding article, are included the right of property in all public lots and squares, vacant lands, and all public buildings, barracks, and other edifices which are not private, individual property. It is, however, understood and agreed that the churches which have been built in the ceded territory by the Russian government shall remain the property of such members of the Greek Oriental Church resident in the territory as may choose to worship therein. Any government archives, papers, and documents relative to the territory and domain aforesaid, which may be now existing there, will be left in possession of the agent of the United States; but an authenticated copy of such of them as may be required will be at all times given by the United States to the Russian government, or to such Russian officers or subjects as may apply for them.
ART. III. The inhabitants of the ceded territory, according to their choice, reserving their natural allegiance, may return to Russia within three years; but if they should prefer to remain in the ceded territory, they, with the exception of uncivilized tribes, shall be admitted to the enjoyment of all the rights, advantages, and immunities of citizens of the United States, and shall be maintained and protected in the free enjoyment of their liberty, property, and religion. The uncivilized tribes will be subject to such laws and regulations as the United States may from time to time adopt in regard to aboriginal tribes of that country.
ART. IV. His Majesty, the Emperor of all the Russias, shall appoint, with convenient dispatch, an agent or agents, for the purpose of formally delivering to a similar agent or agents, appointed on behalf of the United States, the territory, dominion, property, dependencies, and appurtenances which are ceded as above, and for doing any other act which may be necessary in regard thereto; but the cession, with the right of immediate possession, is nevertheless to be deemed complete and absolute on the exchange of ratifications, without waiting for such formal delivery.
ART. V. Immediately after the exchange of the ratifications of this convention, any fortifications or military posts which may be in the ceded territory shall be delivered to the agent of the United States, and any Russian troops which may be in the territory shall be withdrawn as soon as may be reasonably and conveniently practicable.
ART. VI. In consideration of the cession aforesaid, the United States agree to pay, at the Treasury in Washington, within —— months after the exchange of the ratifications of this convention, to the diplomatic representative, or other agent of His Majesty, the Emperor of all the Russias, duly authorized to receive the same, —— million dollars in gold. The cession of territory and dominion herein made is hereby demanded to be free and unincumbered by any reservations, privileges, franchises, grants, or possessions, by any associated companies, whether corporate or incorporate, Russian or any other, or by any parties except merely private individual property holders; and the cession hereby made conveys all the rights, franchises, and privileges now belonging to Russia in the said territory or dominion and appurtenances thereto.
ART. VII. When this convention shall have been duly ratified by the President of the United States, by and with the advice and consent of the Senate, on the one part, and on the other by His Majesty, the Emperor of all the Russias, the ratifications shall be exchanged at Washington within —— from the date hereof, or sooner, if possible. In faith whereof the respective plenipotentiaries have signed this convention, and thereto affixed the seals of their arms.
EXTRADITION TREATIES.
1. Treaties have been made from time immemorial between rulers and nations for the purpose of promoting the interests of one or both parties in their commercial relations, or to secure allies in war; but the kind of treaties mentioned at the head of this section are of modern origin; and shows strongly the progress of nations toward a substantial unity of interests and of discipline.
2. The security of society demands that when men commit a crime in one place they shall not be able to find a safe asylum to which they may fly whenever the retributions of the law, which watches over the welfare of the citizen, threaten to overtake them. The readiness with which criminals can pass from one country to another since steam has made travel so speedy and pursuit for any long distance so difficult, increases the evil. When criminals fly to another country they cannot be punished there, since their courts have no jurisdiction over a criminal from another nation, unless the act was committed in the country where they were established; nor are governments usually willing to deliver an individual on accusation only, unless there is an express stipulation, or treaty to this effect, between them. To overcome the difficulty a treaty was made in 1842 between this country and England, in which it was mutually agreed that each country, on the demand of the government of the other, should give up criminals of certain kinds named in the treaty, when these after the crime had fled into their jurisdiction. It worked well, since it multiplied the chances of punishment, and tended to check crime.
3. Subsequently, treaties of the same kind were made between the United States and the following countries:
France in 1843 Prussia, and 17 other German States ” 1852 Switzerland ” 1855 Baden ” 1857 Sweden ” 1860 Venezuela, South America ” 1861
The time is probably not distant when treaties of this sort will be made between us and all the civilized nations of the world; for the intercourse between us and foreign nations is greater than ever before.
The effect of these international arrangements is to render the perpetration of crime more dangerous than it would be if they did not exist. Flight from the country where the crime was committed was formerly one of the most effectual methods of escaping the penalty. But extradition treaties, Atlantic cables, and land telegraphs, have nearly spoiled this game.
3. An extradition treaty, then, is a mutual agreement between two nations to deliver up, each to the other, upon demand and proper proof of criminality, such persons as have committed crimes in one country and then fled to the other, that they may be taken back, tried, and punished where the offense was committed. But these demands for escaped criminals can not be sustained if made for every crime whatever. They will only be complied with when the crime is one which is named in the treaty itself. These crimes, upon examination of a number of such treaties, we find to be: 1. Murder, or an assault with an intent to commit murder. 2. Piracy. 3. Arson. 4. Robbery. 5. Forgery, or the uttering of forged papers, or the making or circulating counterfeit money, either paper or coin. 6. Rape. 7. Embezzlement, and 8. Burglary.
4. It should be observed that a mere demand for an alleged offender is not sufficient. Proof enough to convince the judge before whom the case is brought must accompany the demand. He must be satisfied that the party demanded has committed the alleged offense; when this is done the judge reports his finding to the Secretary of State, whose duty then is, under his hand and seal of office, to issue the final writ of extradition; after which the criminal may be taken out of the United States (by force, if necessary), and back to the country where he committed the crime, there to be dealt with according to the laws which he violated.
5. In some of our extradition treaties it is expressly stipulated that neither party (government) shall be bound to surrender its own citizens, or any person for merely a political offense. In others it is agreed that the provisions in the treaty shall not apply to cases where the crime was perpetrated before the treaty was made. This plea, we think, would be held to be a good defense in all cases, whether so stipulated in the treaty or not.
6. The treaties between different nations for the surrender of criminals are so analogous to one of the provisions contained in our Constitution, that to insert it here will give the reader a clear comprehension of its meaning. It is found in the second section of article 4, and reads thus:
“A person charged in any State with treason, felony, or other crime, who shall flee from justice, and be found in another State, shall, on demand of the executive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime.”
VII. BUSINESS REPRESENTATIVES
1. These officers, called Consuls, are employed by most civilized nations, all those at least who have an extensive intercourse with foreign countries, and they are recognized by the Law of Nations as being clothed, when acting in their official capacity, with the authority and inviolability of their respective governments. Their place of official business is protected by the flag of their country, an insult to which renders reparation or war necessary to maintain its honor. Consuls are agents of their governments, but most of their duties have reference to the interests of private citizens who may be within their Consulate. There may be a great number of them in one country, and they are usually located in the seaports.
2. The Constitution provides that the President and Senate shall appoint all our Consuls. The President signs their commissions, which bear the great seal of the United States, and which prove to the government where they are sent that they are duly appointed and authorized to discharge the duties of Consuls at the ports or places to which they have been appointed.
3. In order to show the nature of a Consul’s duties, such as the laws impose upon him, we will state the substance of several acts relating to this subject.
1. Whenever a vessel belonging to a citizen of the United States arrives at the port where he is stationed, it is his duty to receive the ship’s papers, and to see if they are all correct.
2. It is his duty to provide for sick, disabled, and destitute American seamen, and to send them home by some vessel going to the United States.
3. He must hear the complaints of seamen, and settle disputes between the captain and men; and for good cause he may discharge the whole ship’s crew.
4. It is made his duty to receive and take care of the personal property of any citizen of the United States who has died within his Consulate, and to send any balance which may be left after paying his debts and necessary expenses, to the treasury of the United States, to be held in trust for the legal claimants. He must also give notice to the Secretary of State of the death of such person.
4. For the purpose of carrying out and executing certain treaties made between the United States and China, Japan, Siam, and Turkey, Consuls to those countries have been empowered with judicial functions. They were allowed to act as judges, and to try and punish citizens of the United States who had committed crimes there. These, however, were extraordinary powers in special cases, and by no means common to the consular office.
5. In the absence of a minister or diplomatic agent of the United States, the President may authorize a Consul to perform the duties of such foreign minister; but these powers are rarely conferred on them. Their ordinary duties relate to commercial affairs, and to such as are before stated.
6. A Vice-Consul, or deputy Consul, is one appointed to act temporarily in case of sickness or absence of the Consul. His powers, while acting, are the same as those of the Consul in whose place he acts. Every Consul is required to give bonds for the faithful performance of his duties.
7. Our commerce has been extended to almost every part of the globe, and for this reason we need a great number of these officials. Their services are required at all great seaports, and at many smaller ones. The compensation varies according to the amount of business to be transacted by them, from $7,500 down to $500. Some do not receive any salary, but are allowed the fees they are authorized to charge for their services.
8. It is his duty to give his government and countrymen all such information as he possesses in relation to the laws and practices of the country to which he is sent, which it would be important for them to know; and especially is it his duty to look after the interests and welfare of his countrymen when they are within his Consulate, and to see that no wrong or injustice is done to them by the people or government where he resides.
VIII. PASSPORTS
1. These are written documents, in due official form, signed and sealed by the proper authority, to convey official information, or serve as a means of protection, and to readily distinguish the American Citizen abroad, or to give a permission or authority to go where those not having passports are forbidden to go. The passport conveys authentic information to whom it may concern, to what nation the bearer of the passport belongs; and second, to protect him, and secure to him all the rights and privileges which the government has a right to claim for its citizens by virtue of any treaty of amity and friendship existing between it and the country whither its citizens may go.
The passport informs the world that the bearer of it is a citizen of the United States, and that he travels under its protection, and that it would demand and exact satisfaction of any one who wronged or injured him who bears such credentials.
2. In the United States, the Secretary of State is the officer authorized by law to issue passports. He has the authority also to cause them to be issued in foreign countries by our foreign ministers and consuls, under such restrictions and rules as may be designated by the President. This is allowed as a matter of convenience to our citizens who happen to be in foreign countries without them; who need their protection, and who would be subjected to much delay and expense by going or sending home to procure them.
Passports are not granted to any other than citizens of the United States, whether issued by the Secretary or by any diplomatic or consular agent of our government.
3. Besides these passports, which are given only to our own citizens when in foreign countries, or who intend to go there, there is another kind issued to foreigners who wish to go among the Indians in the Indian territory, or on the Indian reservations. Indeed, our own citizens are not allowed to go among them without permission. But foreigners cannot go without a passport from the Secretary of War, which specifies the route over which the bearer must pass, and the length of time he is allowed to remain among them. This is done to prevent unfriendly foreigners from fomenting mischief, or from exciting unkind feelings towards our government or people. Such unfriendly feelings have been created by foreigners, and we have often experienced the bitter fruits of it, especially in times of war.
4. Still another kind of passports is used in this country, and should be noticed under this head. They are passports for American ships or vessels. When they are about to sail for a foreign port, the laws of the United States require each to procure one, under a penalty or fine of two hundred dollars upon the master if he departs from the United States for a foreign country (other than some port in America), without it. The passport is prepared by the Secretary of State and is approved by the President. This is given to the master by the collector of the port from which the vessel sails, and is one of the ship’s papers, by which her nationality is known, and her protection shown to be that of the United States.
IX. DEPARTMENT OF THE TREASURY
1. If the Executive Department that has charge of the public moneys is not highest in nominal rank, it certainly does not hold a less important and interesting place in the estimation of the country and of the world than the Department of State. Every part of the government is dependent on this for its efficiency. It is the heart of the country. The in-and-out-flowing of the tide of money from the central point marks the pulses of the nation’s prosperity. Especially has this been the case since the Civil War, and the immense developments and changes that followed it. The banking system, making the Treasury responsible for the issue of all the hundreds of millions of bank notes used in the business of the country, adds immensely to the importance of the United States Treasury.
2. The management of this Department is committed to the Secretary of the Treasury. He is selected for that office by the President, and when his nomination is approved by the Senate his appointment takes place. He holds office during a presidential term, unless sooner removed. He is a member of the Cabinet and one of the President’s advisers.
3. The financial policy adopted by the country depends very much on his views on that difficult question, and the interests and wealth of millions on the ability and integrity he possesses. He is therefore chosen on account of his real or supposed qualifications on questions of finance.
He is aided in his duties by an Assistant Secretary, a Comptroller and Second Comptroller, five Auditors, a Treasurer and his assistant, a Register and his assistant, a Commissioner of Customs, a Comptroller of the Currency and his deputy, and a Solicitor of the Treasury. All these have their offices in connection with the Treasury Department at Washington. In several of the large cities are sub-treasuries, each presided over by an assistant Treasurer, where public funds are received and disbursed. The Treasurers of the Mints are also, many of them, Assistant Treasurers of this Department. All these are appointed by the President and Senate in the same manner as the Chief Secretary.
4. The sums of money actually handled, and the accounts of all moneys received and disbursed without passing into the vaults of the Treasury, amount to many hundreds of millions annually, and require the constant service of some hundreds of clerks. These all need to have clean hands and pure hearts, which is, unfortunately, more rare among men of all classes than could be wished. Yet the whole is reduced to so accurate a system that a loss at any point immediately produces a disturbance in the whole machinery, and a short examination suffices to reveal the point of difficulty and the person responsible for it. Accordingly, losses and defalcations are seldom experienced in or near the central point of the Department. If they occur, which is sometimes the case, it is usually some officer at a distance who is found to be at fault, whose sphere of operations lies far from the centre and only occasionally passes under scrutiny. Each has his separate sphere of duties which no one else interferes with, and assumes his own responsibility; and probably no other institution in the world loses less in proportion to the amount of money involved and the number of persons handling it.
5. Every account must be carefully examined and approved by the proper officer before it can be presented for settlement and the money paid out, and whatever moneys may flow in, none can flow out but according to some law of Congress definitely appropriating it.
All officers having the handling of public funds are required to give security for the faithful discharge of their duties. This must, by the requirement of the law, be done before they can enter their respective places.
SECRETARIES OF THE TREASURY.
Alexander Hamilton, N. Y., Sept. 12, 1789. Oliver Wolcott, Ct., Feb. 4, 1795. Samuel Dexter, Mass., Dec. 31, 1800. Albert Gallatin, Pa., May 14, 1801. George W. Campbell, Tenn., Feb. 9, 1814. Alexander J. Dallas, Pa., Oct. 6, 1814. William H. Crawford, Ga., Oct. 22, 1816. Richard Rush, Pa., Mar. 7, 1825. Samuel D. Ingham, Pa., Mar. 6, 1829. Louis McLane, Del., Aug. 8, 1831. William J. Duane, Pa., May 29, 1833. Roger B. Taney, Md., Sept. 23, 1833. Levi Woodbury, N.H., June 27, 1834. Thomas Ewing, O., Mar. 5, 1841. Walter Forward, Pa., Sept. 13, 1841. John C. Spencer, N.Y., Mar. 3, 1843. George M. Bibb, Ky., June 15, 1844. Robert J. Walker, Miss., Mar. 5, 1845. W. M. Meredith, Pa., Mar. 7, 1849. Thomas Corwin, O., June 20, 1850. James Guthrie, Ky., Mar. 5, 1853. Howell Cobb, Ga., Mar. 6, 1857. Philip F. Thomas, Md., Dec. 10, 1860. John A. Dix, N.Y., 1861. Salmon P. Chase, O., Mar. 5, 1861. William P. Fessenden, Me., July, 1864. Hugh McCulloch, Ind., 1864. George S. Boutwell, March 11, 1869. W. A. Richardson, March 17, 1873. B. H. Bristow, Ky., June 3, 1874.
X. THE FINANCIAL SYSTEM OF THE U. S
1. Revenue, or the income of the government, is derived from various sources. A tax—or duty, as it is often called—laid on goods imported into the country, is one of the most important. It is easy for a government to manage without producing a very sensible effect on the people, and has been a favorite mode of raising a revenue with nearly all governments since commerce became general.
2. The sale of public lands has, in this country, been a source of large revenue; though the desire to encourage emigration and develop the unsettled parts has led the government to sell them for a nominal sum. Still, these lands were so attractive and extensive as to sell rapidly and produce a considerable income. The Post Office Department has been a source of income, in great part supporting itself. Duties paid on the tonnage of vessels, the forfeiture of goods smuggled, or introduced into the country without paying the lawful tax or duty, and the forfeiture of vessels used in that unlawful trade, prizes taken in war, and fees required to be paid to various officials when their services are employed, are minor sources of revenue.
3. When all these are not sufficient, as in time of war, or when an immense war debt is to be paid, direct taxes are laid on the property and business of the country. This is called
THE INTERNAL REVENUE,
and is borne with more or less patience, according as the people regard the end to be gained important. The revenues of the States are mostly derived from this source. They are not allowed to raise their revenue from foreign commerce, since that would be a tax on goods liable to be paid by the people of another State.
4. The necessity of laying large direct taxes does not, in this country, often arise in case of the General Government; but during and after the gigantic Civil War between the North and South, when enormous expenses had to be met, and the credit of the government sustained, the direct taxes became very large indeed. In 1861 Congress passed the “Internal Revenue Law,” by which twenty millions of dollars were to be annually raised from direct taxes on houses and lands in each of the States and Territories.
By subsequent acts not only houses and lands were taxed, but almost every sort of property and business. Licenses were required for persons to carry on their profession, trade, or business; incomes were taxed; deeds, mortgages, notes, bonds, bank checks, and papers of almost every kind were invalid unless they had a revenue stamp upon them. Manufacturers had to pay a certain per-centage on whatever they made. Scarcely any calling, trade, profession, or business escaped it, directly or indirectly.
5. To carry out these provisions, the whole country was divided into Revenue Districts, corresponding, so far as convenient, with Congressional Districts. An officer of the Treasury Department, called the Commissioner of Internal Revenue, was appointed, charged with the duty of preparing instructions, forms, blanks, stamps, and licenses, to be used in the collection by the multitude of minor officers employed, and of overseeing the whole work. Each district had its chief officer, and his deputies, assessors, and collectors, by whom the money at length reached the Treasury at Washington. It created an army of officers to be paid. It was laid aside as soon as possible, and taxation made less onerous and expensive. The remarkable prosperity of the country at that particular period made it easier to bear. Direct taxes laid by the General Government are more economically collected by the State or local officials, in all ordinary cases. This was a very extraordinary and pressing one, and the people were so eager to put their debt in the way of extinction that it was endured with much patience for several years, when most of this cumbrous and costly machinery was laid aside.
6. The vast war debt, the large number of government officers employed in attending to the interests of so large and prosperous a country, the support of the army and navy, the great number of foreign representatives and agents of the government, and the public works necessary for the development or protection of the country, make a large revenue indispensable.
7. It is best when the people are free and intelligent that they be governed as little as possible—or rather that they govern themselves as much as possible, and that as few officials as may be live on the fruits of other people’s labor. There must necessarily be an army of them, at the least; but such arrangements should be made that public expenses may be reduced, to the lowest point, and republican simplicity everywhere reign.
The principle and habit of public economy should be earnestly insisted on, since the handling of immense sums of public money is much more demoralizing than the acquisition of private wealth in legitimate ways. It is a strong temptation to men of weak moral character; and private property is more likely to be carefully used and economically expended than public funds. The smaller the revenue, consistent with the general development of the country, the better.
XI. DUTIES AND TARIFFS
1. Duty is a term used to designate a sum paid by foreign merchandise coming to our country for sale, for the privilege of entering and being offered to purchasers. Tariff is a rate, or scale, of duties.
2. Ever since intercourse has become frequent between different nations commerce has been occupied in effecting interchanges of the products and industries of each country with others. Each country has peculiarities that specially fit it for the production or manufacture of some article, or list of articles, which others would be unable to produce, or would produce at greater inconvenience and expense, and which is of high value to all, or many of the others. The social principle has proved to be of extreme value to the improvement of men, and to their happiness; and we might say that, in this unequal distribution of capacities in the lands, and the races who inhabit them, the exercise of the social principle, on a broad scale, was made, by nature, indispensable.
3. Each nation, then, devotes itself to its special features of production, and exchanges its surplus with others for what it wants of their different surplus, to mutual profit. Just as A is a farmer, and raises grain, while B is a mechanic. Each has a natural adaptation to the business he pursues, and each needs what the other produces. So they exchange, and each has the full benefit of the success and different genius and resources of the other. Commerce is the same in principle, and interchange becomes constantly more extensive.
4. Government naturally regulates commerce because it is one of the general interests of the country. It finds an indefinite amount of foreign merchandise waiting to enter to be put on sale. It was long ago discovered that here was a convenient mode of producing a government income without disturbing the people with a constant demand for money to pay its expenses. Whatever foreign goods had to pay for permission to enter, was quietly added to the price afterward, and so the people paid their taxes to the government in an indirect way in the form of a Duty. They pay the price asked, if it be within their means, without knowledge, or thought, of what part goes to the government, unless they study the subject carefully.
It has always been the case, then, that a government could get all the money it wanted, from this source, in ordinary times, with very little trouble. That mode is naturally a favorite with them. Whether it is the best way for the people is another question, which has been, at different times, very warmly debated in our government. It is not our place here to take up the argument, but it is worthy of a careful study by the people.
5. A Tariff of duties is established to carry on the government. There is another object that has had many advocates, and has quite commonly exerted an influence to raise the tariff on some things. It is stated in the preamble, or introduction, to the first act passed by the first Congress, on this subject, July 4th, 1789, “Whereas, it is necessary for the support of the government, for the discharge of the debts of the United States, and the encouragement and protection of manufactures, that duties be laid on goods, wares, and merchandise imported.” It was considered important to protect and encourage our manufactures, by putting so high a price on the same kind of foreign goods that ours would have the advantage and sell at a less price or greater profit.
This might have been a wise measure, in the early days of the country, when there were few manufactures. Whether it has been so since, or is so now, is not so clear.
6. Every man should make up his mind what is right and best and act as he sees to be most for the general good. It has two disadvantages. It embarrasses the interchange that we have described as so profitable, and under a high tariff sometimes practically forbids it. It is unsocial, and we declare by it, that we will, so far as possible, live within ourselves, and have as little to do with our neighbors as we can. Besides, it is our own people who have to pay the duty, mainly, if they use the foreign goods; or the higher price on domestic goods if they buy them; so that one class of the people, that is, the mass of them, pay another small class large sums to manufacture what might be bought from foreigners with less money. It is a fine thing for the manufacturers, but not quite so fine for those who buy them, unless they feel like making their countrymen a present for every piece of goods he will manufacture for them, beside the proper cost as made by others.
It has the advantage of encouraging industries of different kinds; and has been believed to contribute greatly to the general prosperity in that way. Some think it best to let all those things arrange themselves, and leave each nation to bring us what they can produce cheapest and sell them more of what we can produce cheapest. They believe this is the secret of prosperity, besides being more social. It is a question to be carefully examined. It seems probable, that, in the end, all nations will agree on this policy, and raise their revenue in some other way. It is perhaps too soon to expect that, as yet.
We have never been without a tariff, though there has been much discussion in Congress, and between parties, whether it should be protective or not. So it has often changed from low to high and back again. The necessities of our war, and the heavy debt, made it important, in the highest degree, to raise all the revenue we could, and the subject has not been much discussed for many years.
7. The Duties are mostly collected in the cities, and, as foreign goods come mainly by water, in the seaports of the country. Duties are often called Customs, and the places where they are collected Custom Houses; and the officers Custom House Officers. These places are located in ports along our sea coast, and there are some thousands of custom house officers of all grades. The buildings erected by the government have cost many millions of dollars. The larger part of the duties are collected in the great seaport cities, as Boston, New York, Baltimore, New Orleans, and San Francisco.
Places, designated for foreign vessels to present their goods for examination and collection of the duty, are called Ports of Entry. If they are delivered at some other place, where there is no custom house they are called Ports of Delivery.
8. Congress alone has power to lay these duties. There are two modes of imposing them; sometimes one and sometimes the other being adopted, according to the views of the Congress legislating. They are called specific and ad valorem duties. Ad valorem means, according to the cost, and is counted on the cost in the country the article comes from. Specific duties are so much on the article, without regard to the cost. On many things imported there is no duty, and they are called “free goods.”
Changes are continually made in the tariff to conform to the requirements of the Treasury, the desires of the people, and the changing views of the legislators.
DRAWBACKS.
9. When the duties on foreign goods have been paid, and they are afterwards exported, the duties which have been paid are refunded to the owner. The money thus paid back is called a drawback. All imported goods are entitled to drawback whenever they are taken out of the United States.
BOUNTIES ON EXPORTED GOODS,
take money out of, instead of putting it in the treasury, yet the government in a few cases has allowed bounties upon exported articles. Fish taken by American vessels, refined sugar and distilled spirits made from imported sugar and molasses, are examples. This was done to encourage domestic industry and enterprise.
CUSTOMS REVENUE FOR FIFTY-ONE YEARS.
A Comparative Statement showing the Customs Revenue, Amount of Dutiable and Free Goods Imported, and the Average Rate of Duty on Imports, every year from 1821 to 1871, inclusive.
-----+--------------+------------------------------------+-------------- | Receipts | IMPORTS. |*Per cent. on YEAR.| from +------------+-----------+-----------+dutiable. | Customs. | Free. | Dutiable. | Total. | |aggregate. -----+--------------+------------+-----------+-----------+------+------- 1821 |$18,475,703 57|$ 10,082,313|$52,503,411|$62,585,724| 35.6 | 29.5 1822 | 24,066,066 43| 7,298,708| 75,942,833| 83,241,541| 31.7 | 28.9 1823 | 22,402,024 29| 9,048,288| 68,530,979| 77,579,267| 32.7 | 28.8 1824 | 25,486,817 86| 12,563,773| 67,985,234| 80,549,007| 37.5 | 31.6 1825 | 31,653,871 50| 10,947,510| 85,392,565| 96,340,075| 37.1 | 32.8 1826 | 26,083,861 97| 12,567,769| 72,406,708| 84,974,477| 34.6 | 30.7 1827 | 27,948,956 57| 11,855,104| 67,628,964| 79,484,068| 41.3 | 35.1 1828 | 29,951,251 90| 12,379,176| 76,130,648| 88,509,824| 39.3 | 33.8 1829 | 27,688,701 11| 11,805,501| 62,687,026| 74,492,527| 44.3 | 37.1 1830 | 28,389,505 05| 12,746,245| 58,130,675| 70,876,920| 48.8 | 40.0 1831 | 36,596,118 19| 13,456,625| 89,734,499|103,191,124| 40.8 | 35.4 1832 | 29,341,175 65| 14,249,453| 86,779,813|101,029,266| 33.8 | 29.0 1833 | 24,177,578 52| 32,447,950| 75,670,361|108,118,311| 31.9 | 22.4 1834 | 18,960,705 96| 68,393,180| 58,128,152|126,521,332| 32.6 | 15.0 1835 | 25,890,726 66| 77,940,493| 71,955,249|149,895,742| 36.0 | 17.2 1836 | 30,818,327 67| 92,056,481| 97,923,554|189,980,035| 31.6 | 16.2 1837 | 18,134,131 01| 69,250,031| 71,739,186|140,989,217| 25.3 | 12.4 1838 | 19,702,825 45| 60,860,005| 52,857,399|113,717,404| 37.8 | 17.3 1839 | 25,554,533 96| 76,401,792| 85,690,340|162,092,132| 29.9 | 15.8 1840 | 15,104,790 63| 57,196,204| 49,945,315|107,141,519| 30.4 | 14.1 1841 | 19,919,492 17| 66,019,731| 61,926,446|127,946,177| 32.2 | 15.6 1842 | 16,662,746 84| 30,627,486| 69,534,601|100,162,087| 23.1 | 16.6 1843 | 10,208,000 43| 35,574,584| 29,179,215| 64,753,799| 35.7 | 15.7 1844 | 29,236,357 38| 24,766,881| 83,668,154|108,435,035| 35.1 | 26.9 1845 | 30,952,416 21| 22,147,840| 95,106,724|117,254,564| 32.5 | 26.4 1846 | 26,712,668 00| 24,767,739| 96,924,058|121,691,797| 26.5 | 21.9 1847 | 23,747,865 00| 41,772,636|104,773,002|146,545,638| 22.5 | 16.2 1848 | 31,757,071 00| 22,716,603|132,282,325|154,998,928| 24.0 | 20.4 1849 | 28,346,739 00| 22,377,665|125,479,774|147,857,439| 23.0 | 19.2 1850 | 39,668,686 00| 22,710,382|155,427,936|178,138,318| 25.2 | 22.3 1851 | 49,017,568 00| 25,106,587|191,118,345|216,224,932| 26.0 | 22.6 1852 | 47,339,326 00| 29,692,934|183,252,508|212,945,442| 26.0 | 22.2 1853 | 58,931,865 00| 31,383,534|236,595,113|267,978,647| 25.0 | 22.0 1854 | 64,224,190 00| 33,285,821|271,276,560|304,562,381| 23.5 | 21.1 1855 | 53,025,794 00| 40,090,336|221,378,184|261,468,520| 23.0 | 20.3 1856 | 64,022,863 00| 56,955,706|257,684,236|314,639,942| 25.0 | 20.3 1857 | 63,875,905 00| 66,729,306|294,160,835|360,890,141| 21.5 | 17.7 1858 | 41,789,621 00| 80,319,275|202,293,875|282,613,150| 20.0 | 14.8 1859 | 49,565,824 00| 79,721,116|259,047,014|338,768,130| 19.0 | 14.6 1860 | 53,187,511 00| 90,841,749|279,872,327|362,166,254| 19.0 | 14.7 1861 | 39,582,126 00|†117,469,962|218,180,191|335,650,153| 18.14| 11.79 1862 | 49,056,398 00|† 69,136,705|136,635,024|205,771,729| 35.90| 23.84 1863 | 69,059,642 00| 44,826,029|208,093,891|252,919,920| 33.19| 27.30 1864 |102,316,153 00|† 54,241,944|275,320,951|329,562,895| 37.16| 31.04 1865 | 84,928,260 00| 54,329,588|194,226,064|248,555,652| 43.75| 34.17 1866 |179,046,630 00| 69,728,618|375,783,540|445,512,158| 47.65| 40.12 1867 |176,417,811 00| 45,203,970|372,627,601|417,831,571| 47.34| 42.22 1868 |164,464,596 00| 29,379,149|342,245,659|371,624,808| 48.05| 44.25 1869 |180,048,427 00| 41,454,568|395,859,687|437,314,255| 45.48| 41.17 1870 |192,878,265 00| 46,560,050|415,817,537|462,377,587| 46.37| 41.71 1871 | | 57,851,808|483,641,966|541,493,774| | -----+--------------+------------+-----------+-----------+------+-------
* The percentages in these columns are approximately, not absolutely correct, owing to the fact that the rates are computed upon the value of merchandise, etc., imported, instead of the value of goods entering into consumption in the respective years.
† These amounts do not include imports into the Southern ports during the war, from which no revenue was derived, namely, in 1861, $17,089,234; in 1862, $90,789; and in 1864, $2,220.
TONNAGE.
11. Tonnage designates the capacity of a vessel for carrying goods, which depends on the tons of weight it can receive, and is computed by assigning so much space, in height, length, and breadth, to each ton. A revenue, additional to that raised from the goods brought in vessels, is produced by a tax on the tonnage, or carrying capacity of vessels.
It is laid, not only on foreign vessels, trading with our seaports, but on our own vessels; a distinction being made so as to produce protection in favor of our own commerce and ship-builders. This also is paid by those who buy the goods brought in these vessels; since whatever duty is laid on the carrying trade must be made up by the higher price of the article brought. It is a way of levying taxes without directly calling the attention of the people to the fact.
12. It is worthy of careful consideration whether the country would not gain as much, by removing all these embarrassments to commerce with other countries, and different points on our coasts, as has been gained by free trade between the different States. The Constitution forbids taxes to be levied on inter-State commerce, or trade, and the country is undoubtedly the gainer by such a provision.
In 1790 a tonnage duty of 50 cents per ton was laid on foreign vessels, and six cents on American vessels. During the Civil War the tonnage duty was raised ten cents per ton on both foreign and American shipping.
Tonnage is collected only once a year by the collector of the port where the vessel happens to be.
XII. COLLECTION OF DUTIES
1. The Tariff, or Scale of Duties, laid by the Laws of Congress, on goods brought from foreign countries, requires to be paid when they are first introduced; or we might say, before they are introduced. All these goods are stopped as they approach the boundary line, or on the boundary line, and carefully examined; and they can go no farther until the duties imposed by Congress are received. When they have “passed the Custom House” they may be as freely sold as goods produced at home. No government officer has any right to interfere with them. They have paid the duty and have the freedom of the land. If they, by any chance or effort, get in by any other way, they are treated as stolen goods, and may be seized and confiscated. However much they may have cost their owners, however highly they may prize them, however unquestioned was their ownership before they passed the limits of the country, if they are introduced by any other than the Custom House Door, all right and title to them by the former owners ceases, and they become the property of the government.
2. So carefully is this point guarded that not only are government officers provided for the sole purpose of watching against this illegal introduction of goods, but a premium is offered to unofficial persons to secure their aid. Any one who can point out (and prove the fact) goods of any kind, liable to duty, that have not passed the custom house, and paid that duty, is entitled to half the value of the goods; the other half belonging to the government. Smuggling, as bringing goods into the country without paying the duty is called, is held to be robbery of the government, and ranks as a serious offense; and it really is so, as long as the government produces its income, or part of it, in this way. The law makes it part proprietor in the property until its claim is settled. Besides, to take from the government is to take from the people; since they must make up, in some other way, for what is subtracted in this.
3. To secure this payment of Duty, then, a large number of officers of different grades are appointed, not only to examine the goods, determine the amount required to be paid, receive the money and keep all the accounts connected with it, but to take care that all the goods, of whatever kind, that are not permitted an entrance free of duty, shall duly pass examination, and be “entered,” as it is called, at the custom house.
4. The Head of these officers is the
COMMISSIONER OF CUSTOMS.
He superintends the Customs Bureau in the Treasury Department. He is nominated, and, with the consent of the Senate, appointed by the President. All the accounts of officers employed in the collection of duties on imports pass through his bureau for examination and adjustment; he prepares the forms of all papers used in this department of the revenue; directs the form of keeping the accounts; brings suits when necessary for the recovery of money due from officers of the department; and makes a report of any neglect of duty to Congress. A complete summary, therefore, of the past and present condition of the customs department may be found, at any time, in his office. With so perfect a system of supervision it does not matter how extensive the organization may be. No confusion is possible. There are more than 30,000 persons employed Under this officer; and they are scattered through the whole country where there are Ports of Entry or Delivery, as well as keeping guard along the whole coast line and frontier of the United States; yet they are under as complete discipline and surveillance as the army or navy. This bureau was organized in 1849; its business having previously been under the oversight of the First Comptroller of the Treasury. It has general supervision of the conduct and accounts of all customs officials. The highest in rank below this are
THE COLLECTORS.
5. Wherever there is a Port of Entry a Collector is appointed to superintend the collection of duties, receive the money, and transmit it to the United States Treasury. He is the principal officer of the Collection District connected with this Port, which often embraces several Ports of Delivery, and is required to see that all is properly conducted in his district. He receives his appointment directly from the President and Senate, and is removable at the pleasure of the President.
6. As, in ordinary times, the most of the revenue required for the support of the government is derived from Customs, this is a responsible office. Great care is required to secure the services of competent and faithful men, and the bonds they are required to give are large. He nominates the subordinate officers connected with his custom-house, and the Secretary of the Treasury appoints them, if he sees no objection.
7. The Collectors take care that all the goods, on which Congress has imposed a duty, pay the amount due. To this end he often requires one or more deputies. The entire commerce of the part of the country falling in his district, with other countries, passes under his examination. He receives all reports, manifests, and documents required to be exhibited by all vessels, domestic and foreign, on their entry into his port, and all accounts of all the goods they have on board. On these he must estimate the duties, receive the moneys, or bonds securing their payment, and grant all permits for landing the goods. He transmits, quarterly, all the moneys collected in his department, with an accurate account of all the transactions of his office during the quarter, to the Secretary of the Treasury. These accounts pass to the Customs bureau, and the money to the Treasurer of the United States.
8. His duties, as described in the previous section, make him acquainted with all the imports of the country, in his District or Port. He is also required to examine the manifests of all the vessels, and the accounts of their cargoes, that leave his port for a foreign country. This secures a knowledge of all the exports of the country. It is his duty to give clearances, or permits, to all vessels leaving for foreign ports. It is unlawful for any vessel to depart without this document. A ship’s clearance can be properly given only when her manifest, or detailed account of the quantity, kind, and value of her cargo is ascertained to be correct.
9. We give the form of a ship’s Manifest, and also of a Clearance.
A SHIP’S MANIFEST.
“Report and manifest of the cargo laden on board of the ____, whereof ____ is master, which cargo was taken on board at the port or ports of ____, burthen ____ tons, built at ____, in the State of ____, and owned by ____, merchants at ____, and bound for ____.”
This, together with a particular description of the marks and numbers of every bale, box, case, barrel, bundle or parcel on board of the vessel, is the manifest. It must be given to the collector of whatever port the vessel arrives at; and the master of her must swear that it is in all respects a true and accurate account of all the cargo on board, to the best of his knowledge and belief.
10. The collector of the port can then compute the duties to be paid upon each article, and when these are paid, or secured to be paid, he gives permits to land the cargo, and deliver the goods to their respective owners. Then come in the duties of weighers, gaugers, measurers and inspectors of the customs, after permits are obtained to land the goods. If they are such as require to be weighed, gauged, or measured, these officers are sent to do it; and the inspector must allow nothing to leave the ship until he has examined the marks and numbers, to see if they correspond with the permit and the manifest. If he suspects that there is an attempt to defraud the government by false names and marks, he is authorized to open the package, box, case, cask, or whatever contains the goods, and to examine them. In this way smuggling is prevented, and the revenues arising from duties on imported goods secured.
A SHIP’S CLEARANCE.
This document is couched in the following terms:
“_District of ____, Port of ____, ss._
“These are to certify, to all whom it may concern, that A. B., master or commander of the ship (brig, barque, schooner) burthen ____ tons or thereabouts, mounted with ____ guns, navigated with ____ men, ____. ____ built, and bound for ____, having on board ____, hath here entered and cleared his said vessel according to law.
“Given under our hands and seals, at the custom-house of ____, this ____ day of ____, one thousand ____, and in the ____ year of the Independence of the United States of America.”
This is signed by the collector and by the naval officer of the port, when the commander is prepared to depart with his vessel to his destination.
11. The compensation of collectors is not all given in the form of a salary, but in part the fees for services rendered, and part of the forfeitures of smuggled goods. In the larger ports it is enormous, but in the smaller ones is often insignificant. It is a common mode of doing business of this kind, and is supposed to stimulate the activity and secure the faithfulness of the officer in preventing frauds on the government. The working of this plan is sometimes complained of as inspiring an over-officiousness embarrassing to trade and unnecessarily annoying to importers; and as producing too great an inequality in incomes. It is difficult to make a system quite perfect. Whether this admits of improvement remains to be seen.
SURVEYORS
12. Are next in rank and authority to the Collectors. They are appointed in the same manner and receive their compensation in the same way. The Surveyor’s duty is to superintend the inspectors, weighers, measurers, and gaugers in his port; to visit all vessels arriving in it; make a detailed report of them to the Collector; and examine all goods entered for the benefit of drawback.
THE NAVAL OFFICER
13. Of a port, is another of the superintendents, appointed to oversee the collection of the revenue. His appointment depends on the President and Senate, and his compensation on the amount of business done in his port, in the same manner as the Collector and Surveyor. His duties are, to some extent, parallel to those of the Collector; or he may be called a local examiner and auditor of the Collector’s work and accounts, for the sake of accuracy and correctness. He receives copies of all manifests and entries, and computes the duties on all goods, keeping a separate record of them. He must countersign permits, clearances, certificates, debentures, and other documents issued by the Collector. He examines the Collector’s accounts, bonds, and expenditures, and certifies to them, if correct.
A great number of deputies and employees are required to carry out the details of the collection of duties, since the entire amount of imports into the country are required to be carefully examined.
REVENUE CUTTERS
14. Are employed to guard against smuggling. They are vessels of small size, some steamers, and others sailing vessels, properly manned and armed, of high powers of speed; and are stationed as a coast guard near the ports, and lines of ocean travel, to prevent the landing of imported goods before they have paid the duty. Their officers are appointed by the President and Senate.
They look after all the ships going into any port, or any that may approach the coast; board them when within four leagues (or 12 miles) of the coast; examine the manifest of the cargo and every part of the vessel; put proper fastenings on the hatches, to prevent unlawful communication with the hold until the Custom’s officers have discharged their duty; and place a watch on board to remain until the vessel is delivered into the charge of the proper revenue officer.
15. They are revenue officers, and under the control of the Secretary of the Treasury, and the Collectors at the ports near which they are stationed. In case the President judges it best, they may be called on, at his direction, to coöperate with the Navy, and, in case they are disabled in the discharge of their duty at such times, are entitled to be treated in the same manner as officers and sailors in the Navy.
16. These vessels carry a pennant and ensign with such marks on them as the President may designate. If any vessel liable to seizure refuses to bring to at the direction of the commander of the Cutter, he is authorized to fire into it after having shown his pennant and ensign, and compel it to submit to be boarded and examined. Much depends on the vigilance of these revenue cutters, as the sums paid on goods imported amount to a great many millions of dollars, and want of due precaution would cause the income of the government to be defrauded of large sums.
The commanders of revenue cutters report all matters relating to their duties weekly to the Collector of the port.
XIII. GOVERNMENT COINAGE
1. The United States mint, located at Philadelphia, is one of the most important establishments of the government. An act of Congress, passed in 1792, was the first step towards its creation. Its design was, and its principal business has been, to coin the precious metals into money. It has been for more than eighteen hundred years the usage of civilized governments to coin their own money. Ours, at a very early period of its existence, began to do the same thing, and will probably continue to do it as long as it shall exist. Before the art of coining was known, the precious metals were used as a standard of value, but they passed from one to another by weight. The plan of cutting them into small pieces, and then stamping their value upon them, by which their worth could be known as soon as seen, was an improvement upon the former mode. This process is denominated coining. It has of late been brought so near perfection that our pieces of money are fine specimens of art.
2. The officers, who manage and conduct the operations of this establishment, are a Director, a Treasurer, an Assayer, a Melter and Refiner, a Chief Coiner, and an Engraver. They are all appointed by the President and Senate in the usual manner. The director appoints the assistants and clerks.
All must give bonds for the faithful performance of their respective duties upon which they enter under oath. The duties of these different officers may almost be known by the names they bear. The director is the head of the institution, and the others act under his general direction, each having his appropriate duties to perform. In the month of January of each year the director must make a report to the President of the operations of the mint and its branches for the preceding year.
3. Any person may take gold or silver bullion or ores to the mint and receive it back in coin, for a very trifling expense. Before it is coined, after its value has been determined by the assayer, the director will give a certificate for it, which is of the same value as the bullion deposited.
4. We have stated that the principal business at the mint is the conversion of the precious metals into coin or money. But this is not its exclusive business. Another part is to melt and assay these metals, and to run them into ingots or bars either of pure or standard gold and silver, according to the wish of its owner.
Until 1835 the mint at Philadelphia was the only establishment in the United States for coining money. But in that year a law was passed establishing branch mints at New Orleans, in Louisiana; at Charlotte, in North Carolina; and at Dahlonega, in Georgia. In 1852, another branch was established in California; in 1862, another at Denver, in Colorado Territory; and in 1863, another at Carson City, in Nevada Territory, since made a State; in 1864, another at San Francisco, in California, and another at Dallas City, in Oregon. Except the one in California, but little has ever been done at these branches. They are all similar to the principal one at Philadelphia; and the laws relating to that are made to apply to these branches.
6. The Constitution gives Congress the exclusive right to coin money, and prohibits all the States from doing it. This Congress does by the laws it passes in relation to the subject, and the various officers and workmen employed to execute the work are only the agents of Congress.
The various coins which Congress has from time to time ordered to be made are of the following names and value:
Gold. Value. Eagle, $10 00 Half-Eagle, 5 00 Quar. Eag., 2 50 Doub. Eag., 20 00 Three Dols., 3 00 One Dollar, 1 00
Silver. Value. Dollar, $1 00 Half-Dollar, 50 Quar. Dol., 25 Dime, 10 Half Dime, 5 Three ct. piece, 3
Copper. One cent, Two cents, Three cents, and formerly ½ c. But these are now discontinued.
7. Our coins are not made of pure gold and silver; a certain amount of other metals being added to produce a coin that will be less affected by the friction of constant use. This alloy, or mixture, of the precious metals is called Standard gold or silver, since a definite amount of the alloy is required in all the coinage of the government for currency purposes. It does not alter the value of the coin; that being dependent on the actual merchantable value of the sum of the metals used. By the law of 1837, standard gold and silver were declared to be nine hundred parts of pure metal, and one hundred parts alloy—equal to one-tenth alloy. Gold coins are alloyed with silver and copper, equal parts of each. Silver coins are alloyed with copper alone. Gold is declared to be worth fifteen times as much as silver by weight.
In addition to our own coins, Congress has, from time to time, passed laws declaring the value of foreign coins, and making them a legal tender. But these laws were all repealed by the act of 1857, and it was made the duty of the director of the mint to have them assayed, and to determine their weight, fineness, and value; for they are still used by banks and merchants, and pass at the value determined by the mint.
The mint, up to 1861, had coined in gold, silver, and copper coin, 800,662,475 pieces, worth $799,923,362.
THE UNITED STATES MINT.
Statement of Domestic Gold and Silver deposited at the United States Mint and Branches, for Coinage, to June 30th, 1872.
---------------------+----------------+---------------+----------------- FROM. | GOLD. | SILVER. | GOLD AND SILVER. ---------------------+----------------+---------------+----------------- California | $642,965,026.09| $156,423.03| $643,121,449.12 Montana | 30,648,265.24| 176,838.57| 30,825,103.81 Colorado | 20,338,420.96| 1,114,543.43| 21,452,964.39 Idaho | 17,141,523.84| 291,681.59| 17,433,205.43 Oregon | 11,594,979.33| 1,863.74| 11,596,843.07 North Carolina | 9,865,252.97| 44,110.95| 9,909,363.92 Nevada | 1,010,280.17| 8,539,868.04| 9,550,148.21 Georgia | 7,232,346.96| 403.83| 7,232,750.79 Virginia | 1,629,188.79| ----| 1,629,188.79 South Carolina | 1,379,121.92| ----| 1,379,121.92 Lake Superior | ----| 1,062,540.81| 1,062,540.81 Arizona | 975,401.39| 39,873.08| 1,015,274.47 New Mexico | 823,021.29| ----| 823,021.29 Utah | 146,147.18| 261,204.71| 407,351.89 Nebraska | 24,381.57| 200,976.53| 225,358.10 Alabama | 213,750.66| ----| 213,750.66 Wyoming Territory | 138,878.12| 86.48| 138,964.60 Tennessee | 81,529.69| ----| 81,529.69 Washington Territory | 67,745.38| ----| 67,745.38 New Mexico and Sonora| ----| 51,653.31| 51,653.31 Dakota | 5,760.00| ----| 5,760.00 Vermont | 5,611.97| ----| 5,611.97 Kansas | 1,009.62| 468.00| 1,477.62 Sitka | 397.64| ----| 397.64 Maryland | 108.00| ----| 108.00 Other Sources | 85,226,912.42| 2,751.15| 85,229,663.57 Parted from Silver | 4,690,402.30| ----| 4,690,402.30 Fine Bars | ----| 5,298,490.02| 5,298,490.02 Parted from Gold | ----| 5,821,721.97| 5,821,721.97 ---------------------+----------------+---------------+----------------- Total | $836,205,463.50| $23,065,492.24| $859,270,962.47 ---------------------+----------------+---------------+-----------------
ASSAY OFFICE.
1. In 1853 the Secretary of the Treasury was authorized to establish an office in the city of New York for the receipt, melting, refining and assaying of gold and silver bullion and foreign coins, and for casting the same into bars, ingots, or disks. The assistant treasurer of the United States in New York, is treasurer of this assay office, and the Secretary of the Treasury appoints such other clerks, assistants, and workmen as shall be necessary for the management of its business.
2. Persons having gold or silver bullion, ores or foreign coin, may deposit them in his office, and it will be refined and assayed (at no more cost than the actual expense of doing the work), its value ascertained, and the owner will be paid for it in coins of the same value and metal as that deposited. It is not coined in this office, but cast into bars, ingots or disks—either of pure metal or of standard fineness, as the owner may prefer—the true weight and value of which are stamped thereon; and the owner may either take them in payment for his bullion or foreign coin, or it will be coined for him at the United States Mint, if he wishes. The bars spoken of are often kept in that form, and are used as coin among banks, brokers, and merchants, who receive and pay large amounts of the precious metals. With them it passes as coin, for its exact weight and value are stamped upon it.
3. This establishment was located at New York more for the convenience of those who do business there, than for the necessity of such an institution; for at the mint at Philadelphia there is a department for doing the same work as is done here. But at New York there is a larger amount of foreign coin than in any other place, and it is often advantageous to its owners to have it converted into American coin, that it may be used with greater facility. Although many foreign coins do circulate in this country, but few know their value. Consequently they do not pass so readily; and for this reason they are melted and run into bars of known value, or re-coined into American money.
XIV. NATIONAL BANKING
1. The present banking system was established by an act of Congress in 1863. The plan is quite different from any before in use, and commends itself to the whole country by the stability it gives to the currency in use in the transaction of its business, and the security it furnishes against loss of values common under the old systems. They are managed by private parties and corporations, apart from the government, but under a certain degree of supervision, and by its authority. By the act referred to any number of persons not less than five may associate themselves together for the purpose of banking, by compliance with the following conditions:
2. First: They must, under their hands and seals, make a certificate which shall specify—
1. The name assumed by such association.
2. The place where its business is to be conducted.
3. The amount of its capital stock (which cannot be less than $50,000), and the number of its shares.
4. The names of its shareholders, and the number of shares held by each.
5. The time when such association shall commence business.
6. A declaration that said certificate is made to enable such persons to avail themselves of the advantages of this act.
3. This certificate must be properly acknowledged before some competent person, and must be sent to the comptroller of the currency in the Treasury Department, to be recorded and kept by him. When this, and all other acts which the law requires, has been done by the association, the comptroller of the currency gives them a certificate under his hand and official seal, to that effect, and that they are authorized to commence business. This constitutes the association a corporation. They have the right to make and use a common seal, and have all the rights, and are liable to all the responsibilities of ordinary legalized corporations; and may exist not to exceed twenty years from the passage of this act. Every shareholder is made personally liable for the debts of the association or bank, to the amount of the par value of his stock.
4. In order to secure the holders of bills issued by these banks, they must deposit with the Treasurer of the United States, United States bonds bearing interest to an amount not less than one-third of the capital stock paid in. These bonds are safely kept by the Treasurer. The comptroller of the currency then issues to the bank an amount of bank notes equal to the amount of bonds thus deposited, less ten per cent. In case the bank should fail to redeem its circulating bills, its bonds are sold, and with the proceeds the comptroller of the currency redeems them, or orders them to be paid at the United States Treasury. The bonds held by the Treasurer as security for the redemption of the bills issued by the association, must be transferred to him in trust; thus giving him entire control of them in case it becomes necessary to sell them in order to redeem the bills of any association which may have failed to pay them on demand.
5. This act has brought a great number of banks into existence, besides organizing most of the banks formerly existing under State laws under this system; so that we have a nearly uniform system of banking all over the United States. The bills of these banks pass in any part of the country, which was not often the case formerly. In case the bank should be mismanaged, or fail to pay for any cause, there is ample security for their redemption deposited in the United States treasury, where they will be paid on presentation.
6. The bill-holder is also better protected against counterfeits than he was under the old system; for all the bills issued by these associations are engraved by the government, and the plates and dies on which they are printed are kept by the comptroller of the currency in the Treasury Department. The engraving is done in the best possible manner, and it is exceedingly difficult to counterfeit them. Besides this, they all have the imprint of the seal of the Treasury on their face, and are numbered and countersigned by the treasurer and register. With all these guards and precautions, we have the best paper currency ever used since the establishment of the government.
7. This act necessarily threw upon the Treasury Department a great increase of labor, and in order to provide for it a separate bureau was created, which is denominated the bureau of currency, the chief officer of which is called the comptroller of currency. He acts under the general direction of the Secretary of the Treasury. This bureau is charged with the execution of this and all other laws that may be passed by Congress respecting the national currency. The comptroller of the currency is appointed by the President and Senate, has a deputy, receives a salary of $5,000 per year, holds his office five years, has an official seal, gives bonds to the amount of $100,000, and takes and subscribes the oath of office prescribed by the Constitution and the laws. His duties are numerous and very responsible, he having hundreds of millions under his care.
The term national banks, given to these institutions, and national currency to the bills they issue, were given from the fact that they were organized by an act of Congress, and that the security for the redemption of their bills consists exclusively of national bonds; no other securities will be taken.
XV. FINANCIAL CONDITION OF THE UNITED STATES
1. The United States government belongs to its people. Those people own property estimated at upwards of thirty billions of dollars. The public lands belonging to the government are between one and one and a half billions of acres. Besides, the public domains contain gold, silver, iron, coal, and a large number of other mineral deposits, chiefly in regions worthless for agricultural purposes, of unknown, but ascertained to be, at least, a very great quantity—enough to make all its present inhabitants millionaires if (besides paying the debt) their value could be divided among them. The capacity of the country for production is very far beyond what is drawn from it now. The future will probably increase it a thousand fold, for we are yet a new people, and in the act of settling ourselves to the work of development.
We are very rich, if all our resources are taken into account, yet we are in debt. In five years from the commencement of the civil war the public debt had run up from less than one hundred million dollars to over two billion seven hundred millions. This we began to reduce at once, for as a nation we do not like to be in debt; and it was, December 1st, 1873, a little over two billion one hundred and fifty millions. The debt is, indeed, a trifle compared with our vast national property; but we do not wish to sell our property at a loss, nor disturb the regular course of business; so it stands to be gradually paid in the regular course of things, as we find it to be convenient.
It is a vast sum, but gives more trouble by reason of the desire and determination of the people to pay it soon, and sacrifice no property, than from any inability to meet it.
We add a table of the Public Debt for every year since 1791, a Statement of the debt in detail Dec. 1st, 1873, and various Statistics relating to the finances, resources, and business of the country.
THE PUBLIC DEBT OF THE UNITED STATES, IN EACH YEAR, FROM 1791 TO 1874.
1791 75,463,476.52 1792 77,227,924.66 1793 80,352,634.04 1794 78,427,404.77 1795 80,747,587.38 1796 83,762,172.07 1797 82,064,479.33 1798 79,228,529.12 1799 78,408,669.77 1800 82,976,294.35 1801 83,038,050.80 1802 80,712,632.25 1803 77,054,686.30 1804 86,427,120.88 1805 82,312,150.50 1806 75,723,270.66 1807 69,218,398.64 1808 65,196,317.97 1809 57,023,192.09 1810 53,173,217.52 1811 48,005,587.76 1812 45,209,737.90 1813 55,962,827.57 1814 81,487,846.24 1815 99,833,660.15 1816 127,334,933.74 1817 123,491,965.16 1818 103,466,633.83 1819 95,529,648.28 1820 91,015,566.15 1821 89,987,427.66 1822 93,546,676.98 1823 90,875,877.28 1824 90,269,777.77 1825 83,788,432.71 1826 81,054,059.99 1827 73,987,357.20 1828 67,475,043.87 1829 58,421,413.67 1830 48,565,406.50 1831 39,123,191.68 1832 24,322,235.18 1833 7,001,032.88 1834 4,760,081.08 1835 351,289.05 1836 291,089.05 1837 1,878,223.55 1838 4,857,660.46 1839 11,983,737.53 1840 5,125,077.63 1841 6,737,398.00 1842 15,028,486.37 1843 27,203,450.69 1844 24,748,188.23 1845 17,093,794.80 1846 16,750,926.33 1847 38,956,623.38 1848 48,526,379.37 1849 64,704,693.71 1850 64,228,238.37 1851 62,560,395.26 1852 65,131,692.13 1853 67,340,628.78 1854 47,242,206.05 1855 39,969,731.05 1856 30,963,909.64 1857 29,060,386.90 1858 44,910,777.66 1859 58,754,699.33 1860 64,769,703.08 1861 90,867,828.68 1862 514,211,371.92 1863 1,098,793,181.37 1864 1,740,690,489.49 1865 2,682,593,026.53 1866 2,783,425,879.21 1867 2,692,199,215.12 1868 2,643,753,566.38 1869 2,652,533,662.28 1870 2,509,270,608.00 1871 2,303,573,543.00 1872 2,197,743,440.72 1873 2,153,489,155.96 Apr. 1874 2,152,690,728.62 Oct. 1875 2,122,466,227.
UNITED STATES BONDS.
SIXES OF 1861.—Dated 1861, and redeemable in twenty years from January 1st and July 1st of that year. Interest six per cent. in gold, payable semi-annually—January 1st and July 1st. These Bonds were issued in three series: Under Act February 8th, 1861, $18,415,000; dated variously in 1861. Under Acts July 17th and August 5th, 1861. $50,000,000; dated November 16th, 1861. Under Acts July 17th and August 5th, 1861, in exchange for 7-30’s, $139,317,150; dated November 16th, 1861. Under Act March 3d, 1863, and principal made especially payable in gold coin, $75,000,000; dated June 15th, 1864. Total issue, $282,732,150.
FIVE-TWENTIES OF 1862.—Commonly termed Old Five-Twenties, dated May 1st, 1862. Redeemable after five years, and payable in twenty years from date. Interest six per cent. in gold, payable the first of May and November. Issued under Act February 25th, 1862, $514,771,600.
FIVE-TWENTIES OF 1864.—Dated November 1st, 1864. Redeemable after five, and payable in twenty years. Interest, six per cent. in gold, payable 1st of May and November. Issued under Act March 3d, 1864 (principal specified as payable in gold), $3,882,500. Issued under Act June 30th, 1864, $125,561,300. Total issue, $129,443,800.
FIVE-TWENTIES OF 1865.—Dated July 1st, 1865. Interest, six per cent. in gold, payable January and July. They are redeemable in five years, and payable in twenty years. Issued under Act March 3d, 1865, in exchange for 7-30 notes converted, and amount, August 1st, 1868, to $372,346,350.
FIVE-TWENTIES OF 1865.—Dated November 1st, 1865. Redeemable after five, and payable in twenty years. Interest, six per cent. in gold, payable 1st of May and November. Issued under Act March 3d, 1865, $197,777,250.
FIVE-TWENTIES OF 1867. Dated July 1st, 1867. Redeemable in five, and payable in twenty years. Interest, six per cent. in gold, payable 1st of January and July. Issued under Act March 3, 1865, in exchange for 7-30 notes, and amount, August 1st, 1868, to $371,346,350.
FIVE-TWENTIES OF 1868.—Dated July 1st, 1868. Redeemable in five, and payable in twenty years. Interest, six per cent. in gold, payable 1st of January and July. Issued under Act March 3d, 1865, in exchange for 7-30 notes, and amount, August 1st, 1868, to $39,000,000.
TEN-FORTIES.—Dated March 1st, 1864. Redeemable in ten and payable in forty years. Interest, five per cent. in gold, payable on the 1st of March and September on all Registered Bonds, and on all Coupon Bonds of the denomination of $500 and $1,000. On the $50 and $100 Bonds, interest is paid annually, March 1st. Issued under Act March 3d, 1863, and Supplement, March 3d, 1864; principal, payable in gold, $194,291,500.
FIVES OF 1870.—Redeemable at the pleasure of the United States, after May 1, 1881, in gold. Interest, five per cent. in gold, payable quarterly—February, May, August, and November 1st. Exempt from all taxation. Issued under Acts of July 14th, 1870, and January 20th, 1871. Amount, $200,000,000.
U. S. PACIFIC RAILROAD CURRENCY SIXES.—Dated January 16th, 1865, and variously thereafter. These Bonds are issued by the Government, under Acts July 1st, 1862, and July 2d, 1864, to companies receiving their charter from Congress, which gives them the right to construct railroads to and from the Pacific Coast, and on the completion of each twenty miles of track, to receive at the rate of $16,000, $22,000, or $48,000 per mile, according to the difficulty of constructing the same. They are payable thirty years from date of issue, and are registered in Bonds of $1,000, $5,000, and $10,000. Amount issued to September 1st, 1870, $64,618,832. All of the Bonds are issued “Coupon” or “Registered.” Coupon Bonds can be changed into Registered Bonds, but Registered Bonds cannot be changed into Coupons. Coupon Bonds are in denominations of $50, $100, $500, and $1,000: the Registered Bonds the same, with addition of $5,000 and $10,000.
--------------------+-----------------+-----------------+--------------- | Real and | Real and | Real and STATES | Personal | Personal | Personal AND | Estate. | Estate. | Estate. TERRITORIES. +-----------------+-----------------+--------------- | 1870. | 1860. | 1850. --------------------+-----------------+-----------------+--------------- United States | $30,068,518,507 | $16,159,616,068 | $7,135,780,228 +-----------------+-----------------+--------------- States | 29,822,535,140 | 16,086,519,771 | 7,115,600,800 +-----------------+-----------------+--------------- Alabama | 201,855,841 | 495,237,078 | 228,204,332 Arkansas | 156,394,691 | 219,256,473 | 39,841,025 California | 638,767,017 | 207,874,613 | 22,161,872 Connecticut | 774,631,524 | 444,274,114 | 155,707,980 Delaware | 97,180,833 | 46,242,181 | 21,062,556 Florida | 44,163,655 | 73,101,500 | 22,862,270 Georgia | 268,169,207 | 645,895,237 | 335,425,714 Illinois | 2,121,680,579 | 871,860,282 | 156,265,006 Indiana | 1,268,180,543 | 528,835,371 | 202,650,264 Iowa | 717,644,750 | 247,338,265 | 23,714,638 Kansas | 188,892,014 | 31,327,895 | ---- Kentucky | 604,318,552 | 666,043,112 | 301,628,456 Louisiana | 323,125,666 | 602,118,568 | 233,998,764 Maine | 348,155,671 | 190,211,600 | 122,777,571 Maryland | 643,748,976 | 376,919,944 | 219,217,364 Massachusetts | 2,132,148,741 | 815,237,433 | 573,342,286 Michigan | 719,208,118 | 257,163,983 | 59,787,255 Minnesota | 228,909,590 | 52,294,413 | ---- Mississippi | 209,197,345 | 607,324,911 | 228,951,130 Missouri | 1,284,922,897 | 501,214,398 | 137,247,707 Nebraska | 69,277,483 | 9,131,056 | ---- Nevada | 31,134,012 | ---- | ---- New Hampshire | 252,624,112 | 156,310,860 | 103,652,835 New Jersey | 940,976,064 | 467,918,324 | 200,000,000 New York | 6,500,841,264 | 1,843,338,517 | 1,080,309,216 North Carolina | 260,757,244 | 358,739,399 | 226,800,472 Ohio | 2,235,430,300 | 1,193,898,422 | 504,726,120 Oregon | 51,558,932 | 28,930,637 | 5,063,474 Pennsylvania | 3,808,340,111 | 1,416,501,818 | 722,486,120 Rhode Island | 296,965,646 | 135,337,588 | 80,508,794 South Carolina | 208,146,989 | 548,138,754 | 288,257,694 Tennessee | 498,237,724 | 493,903,892 | 201,246,686 Texas | 159,052,542 | 365,200,614 | 52,740,473 Vermont | 235,349,553 | 122,477,170 | 92,205,049 Virginia | 409,588,133 | 793,249,681 | 430,701,082 West Virginia | 190,651,491 | ---- | ---- Wisconsin | 702,307,329 | 273,671,668 | 42,056,595 +-----------------+-----------------+--------------- Territories | 245,983,367 | 73,096,297 | 20,179,428 +-----------------+-----------------+--------------- Arizona | $3,440,791 | ---- | ---- Colorado | 20,243,303 | ---- | ---- Dakota | 5,599,752 | ---- | ---- District of Columbia| 126,873,616 | 41,084,945 | 14,018,814 Idaho | 6,552,681 | ---- | ---- Montana | 15,184,522 | ---- | ---- New Mexico | 31,349,793 | 20,813,768 | 5,174,471 Utah | 16,159,995 | 5,596,118 | 986,083 Washington | 13,562,164 | 5,601,466 | ---- Wyoming | 7,016,748 | ---- | ---- --------------------+-----------------+-----------------+---------------
THE AVERAGE WEALTH TO EACH INDIVIDUAL.
1. New York $1,483.27 2. Massachusetts 1,463.03 3. Connecticut 1,441.30 4. Rhode Island 1,366.28 5. California 1,140.15 6. Pennsylvania 1,081.31 7. New Jersey 1,038.49 8. Ohio 838.73 9. Illinois 835.34 10. Maryland 824.37 11. New Hampshire 793.66 12. Delaware 777.35 13. Indiana 754.58 14. Missouri 746.48 15. Nevada 732.72 16. Vermont 711.99 17. Wisconsin 665.90 18. Michigan 607.41 19. Iowa 601.03 20. Oregon 567.06 21. Nebraska 563.26 22. Maine 555.35 23. Minnesota 520.60 24. Kansas 518.36 25. Kentucky 457.46 26. Louisiana 444.51 27. West Virginia 431.32 28. Tennessee 395.89 29. Virginia 334.31 30. Arkansas 322.81 31. South Carolina 294.99 32. Mississippi 252.67 33. North Carolina 243.39 34. Florida 235.23 35. Georgia 226.47 36. Alabama 202.46 37. Texas 194.30
FINANCIAL CONDITION OF THE STATES OF THE UNION.
---------------+-----------+----------------+-------------+------------+ | | | | | | Populat’n | Assessed | | Floating | STATES. | 1870. | Valuation. | Funded Debt.| Debt. | | | | | | ---------------+-----------+----------------+-------------+------------+ Alabama | 996,992 | $143,139,262 | $5,661,800 | $600,108 | Arkansas | 484,471 | 90,196,763 | 10,771,000 | 800,000 | California | 560,247 | 527,203,982 | 1,982,500 | 266,669 | Connecticut | 537,454 | 348,855,457 | 4,970,000 | none | Delaware | 125,015 | 64,787,223 | ---- | ---- | Florida | 187,748 | 30,000,000 | 4,664,000 | 848,269 | Georgia | 1,184,109 | 243,620,466 | 8,186,500 | ---- | Illinois | 2,539,891 | 884,731,999 | 2,060,151 | none | Indiana | 1,680,637 | 654,519,016 | 176,890 | none | Iowa | 1,194,020 | 366,076,206 | 300,000 | none | Kansas | 364,399 | 127,690,937 | 1,342,275 | 201,109 | Kentucky | 1,321,011 | 403,296,567 | none | ---- | Louisiana | 726,915 | 228,666,654 | 21,801,800 | 2,291,608 | Maine | 626,915 | 224,552,406 | 6,186,100 | none | Maryland | 780,894 | 419,323,067 | 10,911,679 | none | Massachusetts | 1,457,351 | 1,696,599,969 | 25,876,104 | none | Michigan | 1,184,059 | 630,000,000 | 2,209,000 | none | Minnesota | 439,76 | 84,135,332 | none | none | Mississippi | 827,922 | 148,159,873 | 347,150 | 683,207 | Missouri | 1,721,295 | 572,293,377 | 18,748,000 | none | Nebraska | 122,993 | 69,873,819 | none | none | Nevada | 42,491 | 12,129,110 | 556,000 | none | New Hampshire | 318,300 | 149,065,290 | 3,914,195 | 226,050 | New Jersey | 906,696 | 603,665,497 | 2,796,300 | none | New York | 4,382,759 | 2,129,626,386 | 32,392,101 | none | North Carolina | 1,071,361 | 123,507,628 | 29,900,045 | 7,813,898 | Ohio | 2,665,260 | 1,524,323,118 | 8,583,546 | ---- | Oregon | 90,923 | 34,744,460 | 290,477 | 76,884 | Pennsylvania | 3,521,951 | 1,313,236,042 | 27,303,495 | none | Rhode Island | 217,353 | 244,278,854 | 2,638,500 | none | South Carolina | 705,606 | 183,913,337 | 15,851,627 | 5,306,398 | Tennessee | 1,258,520 | 272,674,352 | 20,966,382 | 5,200,000 | Texas | 818,579 | 222,504,073 | 1,166,832 | 644,745 | Vermont | 330,551 | 102,366,300 | 380,000 | none | Virginia | 1,225,163 | 365,437,708 | 30,478,741 | 1,289,405 | West Virginia | 442,014 | 132,356,703 | 15,239,371 | 644,703 | Wisconsin | 1,054,670 | 390,454,875 | 18,157 | ---- | +-----------+----------------+-------------+------------+ Total |38,115,641 |$15,762,006,108 |$318,670,718 |$26,893,053 |
--------------+--------------+-------------+-------------+-------------- | | Receipts | | |Town, County, | from Taxes | | Year STATES. |and City Debt.| and |Expenditures.| ended. | | Investments.| | --------------+--------------+-------------+-------------+-------------- Alabama | *$4,799,136 | $1,064,960 | $1,461,055 |Sept. 30, 1873 Arkansas | 1,285,693 | 944,611 | 974,728 |Sept. 30, 1872 California | *14,660,065 | 3,104,242 | 2,771,382 |June 30, 1873 Connecticut | *9,813,006 | 2,654,465 | 1,528,693 |March 31, 1873 Delaware | *526,125 | ---- | ---- |---- Florida | *897,141 | 257,234 | 304,215 |Dec. 31, 1872 Georgia | *15,209,212 | 1,678,412 | 1,345,687 |Dec. 31, 1872 Illinois | *37,300,932 | 4,049,543 | 3,762,328 |Nov. 30, 1872 Indiana | *3,651,203 | 2,191,529 | 2,399,276 |Oct. 31, 1872 Iowa | *7,508,635 | 1,154,993 | 1,182,340 |Oct. 31, 1873 Kansas | *4,848,976 | 958,538 | 963,728 |Nov. 30, 1872 Kentucky | *15,061,004 | 2,016,494 | 2,029,718 |Oct. 10, 1873 Louisiana | *28,065,707 | 4,312,034 | 4,371,429 |Dec. 31, 1872 Maine | *8,556,724 | 1,334,860 | 1,147,544 |Dec. 31, 1872 Maryland | *15,715,102 | 1,876,369 | 2,350,654 |Sept. 30, 1872 Massachusetts | *40,940,657 | 5,661,295 | 5,465,882 |Dec. 31, 1872 Michigan | *4,340,203 | 1,915,122 | 1,632,171 |Sept. 30, 1872 Minnesota | *2,438,797 | 799,272 | 876,181 |Nov. 30, 1872 Mississippi | *798,185 | 1,249,276 | 1,596,829 |Dec. 31, 1872 Missouri | 32,537,776 | 3,467,742 | 3,526,113 |Dec. 31, 1872 Nebraska | *1,841,964 | 529,352 | 369,808 |Dec. 31, 1872 Nevada | *1,343,199 | 538,492 | 392,361 |Dec. 31, 1872 New Hampshire | 7,210,527 | 928,606 | 779,803 |May 31, 1873 New Jersey | *19,858,104 | 2,491,195 | 2,515,556 |Oct. 31, 1872 New York | 188,373,280 | 18,569,403 | 13,926,875 |Sept. 30, 1873 North Carolina| *2,573,991 | 700,477 | 801,809 |Sept. 30, 1872 Ohio | 17,559,498 | 4,607,798 | 4,411,952 |Nov. 15, 1872 Oregon | *111,903 | 337,316 | 384,987 |Sept. 9, 1872 Pennsylvania | *57,915,469 | 7,048,637 | 4,666,702 |Nov. 30, 1872 Rhode Island | *3,025,142 | 700,133 | 634,501 |April 30, 1873 South Carolina| *5,409,320 | 1,658,083 | 1,655,601 |July 30, 1873 Tennessee | *10,285,389 | 1,938,330 | 1,074,064 |Dec. 31, 1872 Texas | *1,105,266 | 1,105,710 | 1,105,641 |Aug. 31, 1872 Vermont | *2,592,200 | 627,490 | 348,075 |July 31, 1872 Virginia | *8,530,416 | 2,421,945 | 2,761,310 |Sept. 30, 1873 West Virginia | *561,767 | 679,690 | 719,545 |Sept. 30, 1873 Wisconsin | 8,880,029 | 1,624,559 | 1,648,023 |Sept. 30, 1873 +--------------+-------------+-------------+--------------- Total | $586,131,743 | $86,598,187 | $77,786,566 |
XVI. WAR DEPARTMENT
Men, unfortunately, have never been able to so arrange their mutual relations as to dispense with violent and deadly contests. Although they are less frequent and shorter now than formerly, they are more costly and more destructive, and every nation is still, as formerly, obliged to anticipate the possibility of war and to make provision for its sudden occurrence, that it may not be borne down and overwhelmed by the first shock. It is an event so probable, even, and especially if the country should be in a defenseless state, that it has become a maxim of prudence with statesmen to avoid war by being prepared for it. The nation that can best repel an attack is least likely to be attacked.
Most governments, like our own, had their birth and early history in the confusion and devastation of that great destroyer of life and property; and it is natural that the first leisure of peace should be occupied in preparing themselves, in the most effective manner possible, for both defensive and offensive operations in case of its return.
The Constitution contemplates the existence of an army and navy for warlike purposes, and makes the President Commander-in-chief of both. The first Congress assembled under the Constitution hastened, in its first session, to provide him an army and navy to command by organizing the Department of War. At its head was placed the Secretary of War, and so necessary was it deemed to the dignity and security of the nation that he was made one of the principal officers of the government, having a seat in the cabinet and being regarded as one of the advisers of the Chief Magistrate. He is appointed by the President with the consent of the Senate. A Chief Clerk, to be appointed by the Secretary, was provided for by the act of 1789 creating the Department, who was the second authority in it, and acted as Secretary, in case of a vacancy; but when the Civil War raised this Department to great prominence, in 1861, a law was passed authorizing the appointment of an Assistant Secretary, and, in 1863, two additional Assistant Secretaries were provided for by law; all to be appointed by the President. This last measure was temporary only, designed to expire when returning peace should reduce the Department to its ordinary condition.
At first the affairs of the national navy were managed by the Secretary of War. This was changed, as we shall see, when our commerce and foreign relations became more important.
The Secretary of War ranks next to the President in military authority and dignity, and has the whole oversight, under him, of the army and its affairs. He makes out military commissions to be signed by the President, has the care of providing for the support, clothing, pay, and equipment of the army, and of all military stores required to keep the army in efficient drill, and in readiness against a possible war. He has the care of all books, records, and papers relating to the army and to military affairs. The names, grades, time of enlistment, term of service, and time of mustering out of all officers and privates in the army, whether in the regular or volunteer service, are to be found in his office. All military accounts are kept and adjusted under his supervision. These cares and duties have become so numerous and important as to require a careful organization of the Department into sub-departments, or bureaus, as the Commissary’s, the Quartermaster’s, and the Ordnance bureaus. The general management of the whole depending on the Secretary of War, he evidently requires to be a man of judgment, thoroughly versed in military affairs, and of eminent organizing ability.
A Solicitor, to have charge of the legal business of this Department, was provided for by law in 1863, to be appointed by the President and the Senate.
SECRETARIES OF WAR.
Henry Knox, Mass., Sept. 12, 1789. Timothy Pickering, Pa., Jan. 2, 1795. James McHenry, Md., Jan. 27, 1796. James Marshall, Va., May 7, 1800. Samuel Dexter, Mass., May 13, 1800. Roger Griswold, Ct., Feb. 3, 1801. Henry Dearborn, Mass., March 5, 1801. William Eustis, Mass., March 7, 1809. John Armstrong, N. Y., Jan. 13, 1813. James Monroe, Va., Sept. 27, 1814. William H. Crawford, Ga., March 2, 1815. Isaac Shelby, Ky., March 5, 1817. G. Graham, Va., April 7, 1817. John C. Calhoun, S. C., Oct. 8, 1817. James Barbour, Va., March 7, 1825. Peter B. Porter, N. Y., May 26, 1828. J. H. Eaton, Tenn., March 9, 1829. Lewis Cass, Mich., Aug. 1, 1831. Benjamin F. Butler, N. Y., March 3, 1837. Joel R. Poinsett, S. C., March 7, 1837. John Bell, Tenn., March 5, 1841. John McLean, O., Sept. 13, 1841. John C. Spencer, N. Y., Oct. 12, 1841. James M. Porter, Pa., March 8, 1843. William Wilkins, Pa., Feb. 15, 1844. William L. Marcy, N. Y., March 5, 1845. George W. Crawford, Ga., March 6, 1849. Charles M. Conrad, La., Aug. 8, 1850. Jefferson Davis, Miss., March 5, 1853. John B. Floyd, Va., March 6, 1857. Joseph Holt, Ky., Dec. 30, 1860. Simon Cameron, Pa., March 5, 1861. Edwin M. Stanton, Pa., Jan. 13, 1862. Ulysses S. Grant, Ill., 1868. J. M. Schofield, 1868. John A. Rawlins, Ill., Mch. 5, ’69. Died Sept. 6, ’69. Wm. T. Sherman, Sept. 9, 1869. Wm. W. Belknap, Oct. 25, 1869. ” ” reappointed March 17, 1873.
XVII. THE UNITED STATES ARMY
1. The military successes of the United States would seem to prove undeniably, that, if the nation had adopted a career of conquest as did Ancient Rome, it might have played an important part in the history of warlike peoples. The undisciplined militia shut up a strong army in Boston in 1774, and, had not their powder failed, would very likely have forced the British to evacuate that place immediately after the battle of Bunker Hill.
2. Washington’s army, made up in large part of militia, seemed always on the point of dissolution, and yet the British, after spending more than a hundred millions in fitting out armies against them, and possessing the important superiority of free movement on the sea, for the transportation of forces easily and rapidly to any desired point, never could gain a permanent foothold, though opposed only by a ragged, famished, and half disorganized army.
3. The war of 1812—the Mexican War—and the Civil War, all bear testimony to the excellence of the material for military operations to be found among us. Yet we are a peace loving people. The government has never had more than the skeleton of an army in times of peace. While the Great Powers of Europe keep up armies of half a million of men, our army, very soon after the late gigantic war, was reduced to less than 30,000 men; barely enough to keep the Indians in order, garrison the frontiers slightly, and furnish a nucleus of soldiers and trained officers in case of a war. By a law of Congress, it was enacted that every sound and healthy man, with a few exceptions in special cases, between the ages of 18 and 45, should be enrolled and equipped for military duty. Then, by the laws of the States, they are required on certain days in each year to meet in companies, regiments or brigades, for drill and practice in military exercises.
4. By these means military organizations are kept up in every part of the country, together with some knowledge of the military art. These, in time of war or domestic insurrection, may be called out with but a few days’ notice; and a large army of citizen soldiers can be raised in a very short time. With such facilities for raising men, it is unnecessary to keep a standing army of much magnitude. A few thousand men to guard our fortifications and military posts are sufficient.
The late civil war between the South and the North gave ample evidence of this; for when it became necessary to raise a million of men, it was done in a short time, and after a little practice they became good soldiers.
XVIII. THE MILITARY ACADEMY
1. The success of military affairs in time of war depends, in great measure, on a thorough knowledge of the science of war, and especially of engineering, so often requiring to be applied with haste and accuracy to the _con_struction or _de_struction of military defenses. It requires a complete knowledge of certain branches of mathematics, and an understanding of their application to warlike purposes. Various other special studies are required to prepare men for prompt and able action in military operations. For the purpose of keeping a corps of officers, well fitted to meet these requirements, ready for possible occasions
A MILITARY ACADEMY
was established. It is located on the west bank of the Hudson river, at West Point, in the State of New York, and about 50 miles from the city of New York, and is one of the government institutions. It had its origin in an act of Congress passed as early as 1802. Under this act this far-famed military school was commenced, but on a scale, in every respect, very much inferior to what it has since become.
2. Its name explains its character and objects. It was established and has been continued at a great expense, for the purpose of teaching and training up young men in the science and art of war, that in any emergency the country might have a sufficient number of men, educated and skilled in all such arts and sciences as appertain to war. Hence, mathematics, engineering, gunnery, drawing, natural and experimental philosophy and military tactics, are among the principal branches taught. In all of these, able professors give instruction to the cadets, as the pupils are called. Chemistry, geology, and the French language are also taught at this institution. The instruction is thorough, the discipline excellent, and some of the graduates of this celebrated school rank high among the scientific men of the country.
3. Congress controls and regulates this establishment, as it does all other departments, institutions, and works belonging to the government. It enacts all laws relating to its officers, professors, and cadets, and to the management of the institution.
4. By a law passed in 1843, the number of cadets to be admitted was made to correspond with the number of Senators and Representatives from each State. Every State and Territory is entitled to send as many cadets as it has Senators and Representatives in Congress. This gives each Territory, however, but one; as a Territory has no Senators, and but one Representative. By the same law the District of Columbia is allowed one. To give every part of the country an equal chance, it was enacted that each Congressional district in each State and Territory should be allowed to send one cadet, to be educated at West Point. These are generally nominated for appointment by the Congressmen from their respective districts, and the President appoints. The cadet must be an actual resident of the district for which he is appointed.
5. In addition to these, it is provided by the same act, that ten more cadets may be appointed at large; i. e., without regard to Congressional districts. In order to be admitted as a cadet, the candidate must be well versed in reading, writing, and arithmetic; must not be under 14 nor over 21 years of age; and must sign articles, agreeing to serve the United States eight years. After he has finished his studies and has graduated, he is considered as a candidate for a commission in the army, according to the duties he may be competent to perform.
6. The Military Academy may be considered a branch of the War Department. Men who have been educated there have rendered the country signal service in times of war, have made able commanders, and have proved themselves thoroughly skilled in military science. Not only in the military service has it been a benefit to the country, but in the civil walks of life. Many of its graduates have distinguished themselves as engineers, astronomers, and in other scientific professions and useful employments.
7. There is an annual examination of the cadets, and of the general affairs of the institution, by a committee appointed by the President, for that purpose.
It is composed of Congressmen and military officers. It is the duty of these examiners to attend the examination, inspect its discipline, and course of instruction, look after its fiscal affairs, and all other matters relating to the Academy, and report the same to the Secretary of War, for the use of Congress.
XIX. DEPOTS OF WAR MATERIAL
We have seen that the government can be sure of the support of the citizens in time of war and that they furnish the best kind of material of that description for military purposes. An army of great effectiveness can be organized in a comparatively short time, when important interests of the country are at stake. Not so, however, with the arms they require to use for offensive purposes. These require time and skilled workmen to construct them. They are therefore kept in readiness for use in Depots constructed for the purpose.
As early as 1794, Congress enacted that three or four arsenals and magazines, with an armory attached to each, should be established for the safe keeping of military stores. An arsenal is a place where arms and military stores are kept. An armory is a place where arms are made or repaired. The armories where arms are manufactured are at Springfield, in Massachusetts, and at Harpers’ Ferry, in Virginia. But there are many others where they are repaired.
In 1808, the President was authorized to purchase sites and to erect as many more arsenals and manufactories of arms as he might deem expedient. Each of these establishments was formerly under the direction of a superintendent; but they are now placed under the direction of the Ordnance Department. The office of superintendent of the armories at Springfield and Harpers’ Ferry, was also abolished in 1842; and its duties have since been performed by such officers of the ordnance corps as were designated by the President. In each armory there is employed a master armorer, who superintends the workmen. In addition to those already named there are arsenals and armories at Pittsburgh and Bridesburg, in Pennsylvania; at Washington City; at Watervliet, in New York; Watertown, Mass.; at Columbus, Ohio; at Indianapolis, in Indiana; and at Rock Island, in Illinois. They are parts of the military establishment of the country, and belong to the War Department.
XX. ARTICLES OF WAR
1. An army is designed, in idea, to supply a powerful instrument of offense and defense, that shall so thoroughly organize and fuse together a large number of individuals that the whole shall act as one, and be perfectly under the control of the directing mind. An army fully realizing this idea, would suppress, in its military acts, all thoughts and sentiments of its individuals, and be used by its commanding general as he would use his own hand, arm and foot. It should move at his will, strike where, as long and as heavily as he saw best, and be to him a perfect machine as to obedience.
2. This idea is seldom more than partially realized; but it is the aim of all military drill, discipline, and law. The Articles of War are the body of laws enacted by Congress defining the relations of soldiers to their officers, so as to secure as fully as possible among a free people this thorough subordination, defining the conduct of the soldier toward his superior, prescribing the duty of the officer, and securing as far as possible in connection with such subordination the rights of the soldier.
3. They contain general directions concerning the organization, enlistment, and discharge of men, rules for leaves of absence, punishment for absence without leave, or for desertion, and other penalties for conduct improper or criminal in a soldier. Many of these rules are very strict and the penalties severe, since a neglect to obey might endanger the safety of an army or the country, or interfere with the most important operations. War is a very exacting pursuit.
4. It is relaxing also in some directions and rules are made requiring, and often without effect, obedience to some of the most common principles and practices of morality. It often becomes quite impossible to enforce these amid the fierce excitement and wild disorder of active warfare.
5. Offenses committed in the army are not tried before a civil tribunal, but by a military court called a “Court Martial,” for the guidance of which a special code of rules is prepared. These are characterized by the brevity, decisiveness, and summary action that is so important to the effectiveness of all military affairs. The decisions of a court martial may impose all punishments even to condemning a man to death; but they are subject to modification, or commutation, or even may be wholly set aside by the President of the United States, who is Commander-in-Chief of the Army.
The Articles of War relate to all things important to the welfare, effectiveness, and safety of an army, and aim to provide for the comfort and protect the rights of the individual as well as circumstances permit. They consist of one hundred and one articles. The first one requires every officer in the army to subscribe to them before he enters on his duties.
XXI. MILITARY HOSPITALS AND ASYLUMS
1. It is plainly a dictate of humanity that a government should provide for the comfort and skillful treatment of those persons who are wounded in its service, or who become diseased under the hardships of a military life and are disabled from active duty. Our century is specially distinguished by the benevolent care bestowed on the indigent and the suffering, in all civilized countries, and we have reason to expect that the United States would take a leading place in this care for her own citizens.
2. This has been done, and all the thoughtful attention that the case called for has been given to hospitals and asylums for the disabled and suffering, both of the Army and Navy, equally in peace and war.
3. In 1851, Congress passed an act for the establishment of military asylums, for the purpose of making the same provision for wounded and disabled soldiers as had already been made for that class of seamen. These institutions are located in different sections of the country where deemed most eligible and convenient for those who need such a place of refuge. They are placed under the government of a board of commissioners, consisting of the general in chief, and eight other military officers of high rank, who submit their acts to the Secretary of War for his approval.
4. The officers of these asylums must be taken from the army, and consist of a governor, a deputy governor, and secretary, who is also treasurer. The funds for their support are raised by a tax of twenty-five cents per month on the soldiers, to which are added the fines and penalties adjudged against soldiers by courts martial, with forfeitures for desertion, &c.
Persons receiving pensions from the government may be admitted into these asylums upon condition that they surrender their pensions to the use of the institution while they remain in it.
The commissioners are authorized to buy sites and buildings for these institutions, and to receive donations of them. They also furnish them with whatever is necessary for the comfort of the inmates, and make such laws and regulations for their government as they deem proper.
Deserters, mutineers, and habitual drunkards, are excluded from the benefits of these asylums.
INSANE ASYLUM.
5. Among these benevolent institutions provided by a generous government for the support of those who have faithfully served their country, the insane asylum ought to be noticed. The title of this establishment is “the government hospital for the insane.” Its objects are the cure and kind treatment of the insane of the army and navy, and of the District of Columbia. It is under the control of a board of nine visitors, all of whom must be citizens of the said District. They are appointed by the President, and annually report to the Secretary of the Interior the condition of the asylum and its inmates. They serve without compensation.
6. The superintendent must be a physician. There is a farm attached to the asylum, which is under the direction of the superintendent, who receives patients upon the order of the Secretary of the War, or the Navy, and upon the order of the Secretary of the Interior. He may receive indigent insane persons residing in the District of Columbia. If other than indigent persons are admitted, they must pay for the privilege a sum not less than the cost of their support.
7. The military hospitals in time of war are for temporary purposes, and are established wherever the army happens to be, and especially near where the great battles have been fought, that immediate relief may be given to the sick and wounded. These are established by the commanders of the army, and are under their control. And here let it be recorded to their praise, that since military hospitals were known, never have any been seen which for order, cleanliness and efficiency in administering to the comfort and care of the sick and wounded soldiers, surpassed those of the United States during the late civil war.
XXII. NAVY DEPARTMENT
The position of the United States naturally gives it great prominence as a naval power. Situated between the two great oceans, with thousands of miles of coast on each, and a profusion of good harbors, bays, and great rivers, accessible to large ocean vessels for long distances into the interior; with a soil of great fertility, and numerous and inexhaustible sources of mineral wealth, besides all the conditions favorable to the establishment and success of manufactures—it requires large foreign markets for its various products, and an extensive commerce is essential to its development. It should be, and perhaps it is, the strongest naval power in the world.
The War of Independence was much increased in length and difficulty by the want of a navy, the maritime resources of England giving her a great superiority in striking suddenly, and in force, at distant points.
It was natural, then, that so important an arm, for both attack and defense, should be prepared to act with energy, and this was one of the first cares of the new government; and so efficient did this branch of national strength become in the thirty years of peace, to the war of 1812 with England, that the easiest and some of the most important successes of the Americans, in that conflict, were on the sea.
The care of Naval affairs was, at first, committed to the Secretary of War. In 1798 it was erected into a separate Department, and a Secretary placed at its head. He was entitled to a seat in the Cabinet, as one of the advisers of the President, and received his appointment by nomination of the President and concurrence of the Senate, in the same manner as the Heads of other Departments.
As the President is the highest officer, in command, in the Navy, he ranks as second, and acts under his direction. It is his duty to procure naval stores and materials, and to oversee the places where they are deposited; to attend to the construction, equipment, armament, and employment of vessels of war, to make out the commissions of naval officers; to see that efficiency and discipline are maintained in the service; and to assume the control of the movements of the vessels of war that are kept cruising in every sea for the protection of our commerce and citizens in foreign parts, and the preservation of the international rights and dignity of the United States.
3. A chief clerk was formerly the second officer in rank in the Department, but, in 1861, provision was made, by Congress, for an Assistant Secretary, who should act as Secretary in the absence of that officer.
Formerly there were five bureaus in this department, but in 1862, three more were added, making eight, as follows:
1. A Bureau of Yards and Docks. 2. A Bureau of Equipment and Recruiting. 3. A Bureau of Navigation. 4. A Bureau of Ordnance. 5. A Bureau of Construction and Repairs. 6. A Bureau of Steam Engineering. 7. A Bureau of Provisions and Clothing. 8. A Bureau of Medicine and Surgery.
The President and Senate appoint all the heads of these bureaus, and select them principally from officers of high rank in the navy. They are all appointed for four years.
The Secretary appoints all the numerous clerks employed in the various bureaus and assigns their duties.
He must annually report to Congress the condition of his department, the manner and amount of all expenditures, furnish estimates for the expenses of the following year, and give such advice in regard to the naval interests of the country as his intimate knowledge of that branch of the service may suggest. He requires an intimate knowledge of maritime affairs, and of International law, and a high and enlightened appreciation of the policy to be pursued in our official and commercial intercourse with all foreign nations.
The following list embraces the names of all the Secretaries of the Navy, from George Cabot, the first, to George M. Robeson, the present incumbent:
George Cabot, Mass., May 3, 1798. Benjamin Stoddert, Mass., May 21, 1798. Robert Smith, Md., July 15, 1801. J. Crowninshield, Mass., May 3, 1805. Paul Hamilton, S. C., March 7, 1809. William Jones, Pa., Jan. 12, 1813. B. W. Crowninshield, Mass., Dec. 17, 1814. Smith Thompson, N. Y., Nov. 9, 1818. John Rogers, Mass., Sept. 1, 1823. S. L. Southard, N. J., Sept. 16, 1823. John Branch, N. C., March 9, 1829. Levi Woodbury, N. H., May 23, 1831. Mahlon Dickerson, N. J., June 30, 1834. J. K. Paulding, N. Y., June 20, 1830. G. E. Badger, N. C., March 5, 1841. Abel P. Upshur, Va., Sept. 13, 1841. David Henshaw, Mass., July 24, 1843. T. W. Gilmer, Va., Feb. 12, 1844. John Y. Mason, Va., March 14, 1844. George Bancroft, Mass., March 10, 1845. John Y. Mason, Va., Sept. 9, 1846. William B. Preston, Va., March 7, 1849. William A. Graham, N. C., July 20, 1850. J. P. Kennedy, Md., July 22, 1850. J. C. Dobbin, N. C., March 5, 1853. Isaac Toucey, Ct., March 6, 1857. Gideon Welles, Ct., March 5, 1861. Adolph E. Borie, Pa., March 5, 1869. George M. Robeson, N. J., June 25, 1869. ” ” reappointed March 17, 1873.
XXIII. THE UNITED STATES NAVY
1. The original thirteen States were all on the Atlantic coast, and had each one or more sea ports. They were naturally given to commerce, and the second Continental Congress, in December, 1775, resolved to form a navy of thirteen vessels of war. Eight were soon fitted out; but the superiority of England on the sea, and the great financial difficulties with which Congress had to struggle during, and for some years after, the Revolutionary War, made it impossible to give any great degree of development to naval affairs. The sea swarmed with American privateers during the war, and many hundreds of English merchant vessels were captured; but Congress never was able to collect a formidable fleet. The daring exploits of Paul Jones, in European waters, and the bold and successful raids of Privateersmen under Letters of Marque and Reprisal gave indication of what might be looked for in the future, but they could not cope with British fleets.
2. The Navy Department was for some time under the control of the Secretary of War; but, as the finances began to improve, care was taken to develop this important branch of national power, and a special Secretary appointed. In the war of 1812 with England 25 years of peace had unfitted the people for great immediate success in the army; but the navy was the pride and glory of the nation. The disasters attending military operations for the first year or two were more than compensated by the brilliant and solid advantages gained by our men of war.
3. This gave a great impulse to the naval tendencies of the nation, and it soon became the settled determination of the people to supersede England as the strongest naval power. She had been Mistress of the Seas; there were strong reasons for our ambition to become Masters, at least in American waters. We had an extensive line of coast, and our “Monroe Doctrine,” that Americans ought to rule America, and that European governments should never be permitted to acquire a preponderating influence in North America, rendered a strong navy important. Our people, however, are so largely commercial that skillful mariners are always at command; and the government has never maintained, in time of peace, a very large naval force.
4. What they can do in time of need was demonstrated during the Civil War, when the navy was increased in two years by more than 400 vessels—many of them very expensive and powerful; proving in actual conflict the inability of the strongest land fortresses to resist them. The thousands of miles of the Atlantic and Gulf coast blockade, that was rendered so effective as to smother the Confederate government, so to speak, destroying its finances by rendering its cotton unavailable, is the best comment on the naval resources of the United States. The extreme boldness and vigor with which the Confederate cruisers that managed to escape the blockade fell on our merchant vessels, and laid waste our commerce, is another point in the argument; for they were Americans, and demonstrated the natural prowess of Americans on the sea, of which we could well be proud but that it did fatal harm to our mercantile marine.
5. Not half of the vessels belonging to the navy are, however, now (in time of peace) in commission—that is, in active service. The rest are either laid up, or in process of repair. Most of those in commission are employed in what is called squadron service. The Secretary of the Navy in a late report enumerates seven of these squadrons; viz.: the European, the Asiatic, the North Atlantic, the South Atlantic, the North Pacific, the South Pacific, and the Gulf squadrons. The names given to these squadrons indicate their whereabouts, and their cruising grounds. These squadrons consist of six, eight, ten, twelve or fifteen vessels, as the work to be done may require. It is their duty to visit the seaports of the various countries along the coasts of which they cruise, in order to protect our merchantmen against pirates or enemies of any description, which may molest them or interfere with their rights and privileges; and also to look after the interests and dignity of the United States.
6. The squadrons are under command of a high naval officer of the rank of commodore or rear admiral, whose ship is called the flag ship of the squadron. Many of our naval officers have distinguished themselves for bravery, skill, and patriotic devotion to their country, and have occupied the highest positions of honor, and the most exalted places in the esteem and affection of their countrymen.
In 1862, Congress enacted that there should be nine grades of officers in the navy, and that their corresponding rank with military officers should be as follows:
1. Rear-Admiral with Major-General. 2. Commodores ” Brigadier-Generals. 3. Captains ” Colonels. 4. Commanders ” Lieutenant-Colonels. 5. Lieut.-Commanders ” Majors. 6. Lieutenants ” Captains. 7. Masters ” First-Lieutenants. 8. Ensigns ” Second Lieutenants. Midshipmen have no corresponding rank in the army.
XXIV. NAVY YARDS
1. We have seen that the Secretary of the Navy has several different Bureaus, having each its separate part of naval interests and stores to care for. The material for the equipment of the army is, in large part, stored in arsenals and armories; in the navy in or near Navy Yards. Here are gathered such stores and materials as are required for the construction or repairs of vessels, and hundreds of skilled workmen, constantly employed in rendering the navy effective; replacing vessels that have become unseaworthy, repairing damages, or building such vessels of special construction as the varying demands of the service may require.
2. These are established at different places along the coast, most convenient for the purpose. There is one at Philadelphia, Pa., at Brooklyn, N. Y., at Portsmouth, Va., at Pensacola, Fla. Here vessels are laid up when not in “commission” or active service, or are sent for repairs, or to obtain their stores before departing to their distant stations. All the officers necessary for keeping all these matters in order are stationed at these yards; and the Navy Department, by these means, preserves the same perfect system of organization and efficiency as we have seen to characterize other branches of the executive administration.
XXV. THE NAVAL ACADEMY
1. Naval affairs, quite as much as military, perhaps even more, require the aids of science, and a careful and thorough training. Much of this, indeed, is gained in active service, but for this a basis of scientific study must be laid, and this school of preliminary instruction is called the Naval Academy. As a preliminary even to this, the government has established schools on board of ships, for the instruction of boys in navigation and naval warfare. These are called apprentices; and for good conduct and proficiency in their studies, they are advanced to the Naval Academy, and placed in the line of promotion.
2. This school is now established at Annapolis, in the State of Maryland, near Washington. Like the Military Academy, it has its superintendent and professors. The pupils are called midshipmen. They are taught navigation and such other branches of science as are necessary to make them good seamen and naval officers. They are selected upon nearly the same plan as cadets. Each Congressional District in every State and Territory is entitled to send two students to be educated at the Academy. The District of Columbia is also entitled to send two. Besides which, the President is allowed to appoint ten additional ones at large, and three more from the boys enlisted in the navy.
3. After their graduating examination, if they pass, they are commissioned as ensigns in the navy, and rank according to merit. Before admission, they are examined according to the regulations made by the Secretary of the Navy, and must be between the ages of fourteen and seventeen years, sound, robust, and of good constitution.
4. The course of study in this, as well as in the Military Academy, is adapted to the profession which the students are expected to follow—the one in the navy, the other in the army. More are educated at these great national schools than the government needs in time of peace. Many of the graduates are engaged in civil employment. Thus these institutions have been of great service to the country, outside of the army and navy, for they have added to the number of well-educated and scientific men, who may be useful in any of the walks of life. Their graduates elevate the standard of intelligence in the community, especially when they engage in the work of instruction.
Both of these institutions are supported at the expense of the government. The tuition and board of cadets in one, and of the midshipmen in the other, costs them nothing.
XXVI. THE NAVAL OBSERVATORY
1. An observatory is a building erected for astronomical purposes, and supplied with the necessary apparatus for studying the heavens. A thorough knowledge of certain portions of astronomy is indispensable to the commander of a vessel, since it is by means of this alone that he can ascertain his exact position on the open ocean out of sight of land. Nautical Science and Astronomy have advanced hand in hand; and to perfect the former as much as possible the United States Government established the Naval Observatory. This institution is located in Washington, and was originated by act of Congress in 1842, and put in operation in 1844.
2. This institution owes more to that enlightened and truly patriotic President, John Q. Adams, than to any other man. He recommended it as far back as 1823, and again in his first message to Congress. But political opposition to the man prevented his recommendations from being acted upon till nearly 20 years after they were made. This opposition was finally overcome, and we, and posterity after us, will reap the fruits of Mr. Adams’ suggestions and labors.
3. The observatory was built and furnished with various astronomical and philosophical instruments, and a corps of professors were appointed to watch the movements of the heavenly bodies, and to make such observations and experiments as would enable them to determine many unsettled questions which relate to the science of navigation; and incidentally to another great government work, having especial reference to the same subject; that is, the coast survey.
The coast survey has already been of great service to the interests of navigation—whether national or commercial vessels are regarded—and, when finished, much greater benefits are to be expected. When a sufficient number of observations and experiments shall have been made at the naval observatory, and published to the world, much valuable information will be added to what is already known. And indeed it would be disreputable to a nation having so large a navy and such a vast number of merchant ships upon the ocean, to do nothing for or add nothing to the science of navigation. It would be an unwise policy if economy only were studied, and we would justly deserve the reproach of being penurious, short-sighted, and miserably wanting in disposition to promote the general good of the world.
4. The professors are assiduous in their labors, and publish the results of their observations and the facts they have determined. These are not only of use to our own seamen, but to those of all nations who are doing business on the great deep. Here the charts made by the coast survey are deposited, and from hence all our national vessels are furnished with them, and with all the nautical instruments they require.
The charts, instruments and books relating to astronomy and navigation, found here, make it the headquarters and depot of nautical science in the United States.
XXVII. THE COAST SURVEY
1. While the Naval Observatory is a government institution for studying the heavens in the interest of the Navy; the Coast Survey is an organization employed in a thorough and scientific study of the shores of our country for a sufficient distance out from the land to ascertain all the features concealed by the water that may have a bearing on the safety of our navy and commerce. One examines the heavens, the other the depths of the waters. They are both of great importance.
2. This government undertaking has not been as vigorously prosecuted as some other enterprises conducted by it. As early as 1807, Congress passed an act authorizing the President to have this work done. Much of it has been done, yet it is not finished at this day. Our acquisition of Florida, Texas, and California has greatly extended our sea coast since the work was commenced, and its accomplishment has cost more time and labor than was anticipated at the beginning, yet we think it ought to have been completed in much less than 60 years.
3. This work, like that relating to light houses, is under the management of a board, consisting of a superintendent, two principal assistants, two naval officers, and four officers of the army. These nine constitute the board. Then there are as many officers of the army and navy employed in the execution of the work as are deemed necessary. And the public vessels, by direction of the President, may be used in order to facilitate the work, for much of it must be done at sea. The survey extends 20 leagues from the shore. The surveyors must make accurate charts of the whole coast, in which are laid down all the islands, shoals, roads or anchorage grounds within twenty leagues of any part of the shore of the United States. The courses or distances between the principal capes or headlands must be laid down, together with the soundings (depths of water) and everything else necessary to make a complete and accurate chart of every part of our coasts.
4. An annual report of this work must be made to Congress in December of each year, accompanied with charts, showing the progress of the work, the number of persons employed, the expenses incurred, the amount of work finished, and what is unfinished. These reports and charts are carefully preserved, and copies of them may be had at Washington for the use of our naval and merchant ships, to which they are of great service, as guides, whenever they are on or near the coast. This work, in its utility, is not confined to ourselves; but the important information obtained by it is of great use to the navigators of all nations who come into our ports or cruise on our coasts. They derive the same benefits from this work that we derive from theirs of the same kind. It is creditable to any nation to do such things as are beneficial to the world, such acts as contribute to the welfare of humanity. Shipwrecks belong to the list of terrible calamities which often befall those “who go down to the sea in ships, that do business in great waters.” Whoever diminishes these is a public benefactor.
XXVIII. LIGHT HOUSES
1. These, with Buoys, and Beacons, are a necessary practical supplement to the labors of the Coast Survey. Buoys and Beacons indicate the shoals, or dangerous rocks and reefs beneath the surface of the water, in the daytime; while light houses indicate the same, and show the mariner the bearings of the land, in the night; and, by studying, in connection with these, the charts of the coast supplied by the Coast Survey, he may make his way as securely in the night or day through the concealed dangers of the treacherous waters as a landsman along a beaten highway. They are way-marks along the sea coast, at the entrance of harbors, and on lakes and rivers. They speak a language very well understood by the seaman; and are invaluable for the protection of his vessel from the dangers of the Deep.
2. Keepers are appointed by the government to keep them in repair, and to see that they are properly lighted every night. We have no means of knowing the number of these useful establishments, but there must be several hundred of them; for we have more sea coast than any other nation upon the globe, with a still greater length of lake and river shore. They are located at prominent points, and at dangerous places, all along the extensive lines of coast and shores.
3. To the end that light houses should be constructed and kept in repair, and that competent men might have the whole matter in charge, a law of 1852 authorized the President to appoint two officers of the navy of high rank, one officer of the corps of engineers of the army, one officer of the topographical engineers, and two civilians of high scientific attainments, to form a LIGHT HOUSE BOARD for the United States. This board is attached to the Treasury Department, and the Secretary of the Treasury superintends its operations. The board has in charge the building, illumination, and inspection of light houses, light vessels, buoys, beacons, sea marks, and their appendages.
4. The Secretary of the Treasury is president of the board, and may convene them whenever he deems it necessary.
The law makes it the duty of the board to divide the whole of the sea, gulf, and lake coasts, into light house districts; not exceeding 12 in number. An officer of the army or navy is assigned to each district, as a light house inspector.
They have the control of everything relating to light houses, light ships, buoys, beacons, or other means of directing vessels in and out of port, or of guiding them while sailing along the coast in the night.
5. As foreign vessels receive the same benefits from our light houses as our own, there is nothing unfair or illiberal in requiring them to contribute something towards the expense of maintaining them. For this purpose Congress has imposed a tax, or laid a duty of 50 cents per ton on all foreign vessels entering any ports of the United States. This is called “LIGHT MONEY.” It is collected in the same way as tonnage duties are, i. e., by the collector of the port where the ship arrives. Light money is not required of vessels owned by citizens of the United States, provided that they are regularly registered as the law directs, or have a sea letter.
7. A sea letter is a document or certificate, given by the collector of a port, to the captain of an American vessel, certifying that she belongs to a citizen or citizens of the United States. Armed with this, the captain can prove to all whom it may concern, anywhere in the world, the ownership and nationality of his vessel. This is a protection to her and her cargo, especially in times of war. It is one of a ship’s papers.
XXIX. LETTERS OF MARQUE AND REPRISAL
1. The somewhat barbarous custom has prevailed among nations, from early times, of making war in every possible way upon the citizens of a hostile country, and of taking or destroying their property, on the principle that injury to the citizens of the power warred against would diminish its power of defense and attack.
This has been carried into effect on the sea by authorizing private vessels to be fitted out for warlike purposes and preying on the commerce of the enemy. Such authority is given by Letters of Marque and Reprisal. The Constitution confers on Congress the power to do this; and Congress authorizes the President to do it. A law was passed in 1863 expressly conveying it to him.
2. It is a formal commission given to the commander of a private armed vessel, called a privateer, authorizing him to capture the ships and goods of the subjects of a nation with which we are at war. When such letters are issued by the United States they are signed by the President and sealed with the great seal. Without such commission, thus signed and sealed, any capture made by the commander of a private vessel would be piracy. If a capture is made, it must be made according to the laws of war, as recognized by civilized nations, and according to the instructions given by the President. Any conduct on the part of a privateer, contrary to these rules, would vitiate his proceedings, and he would not be entitled to the property he had captured.
3. The captured vessel is called a prize, and must be taken into some port of the United States, or into some port of a country in amity with the United States, where legal proceedings are taken before some court of competent jurisdiction; and the capture and all the circumstances of it inquired into; and if all is found to have been done according to the laws of civilized nations, the captured vessel and cargo is condemned as a prize. But if not condemned, the captors lose her. When adjudged to be a lawful prize, the ship and cargo are sold, and the money is divided between the officers and men, according to rank, and according to the laws of Congress on this subject. These laws give the whole to the captors, when the ship taken is of equal or superior force to the ship making the capture; but if of inferior force, then the United States takes one-half.
4. Privateering, as this business is called, was once considered a lawful and honorable mode of warfare. It was generally practiced between belligerent nations; but in later days its propriety and morality have been questioned. It is beginning to be looked upon as a kind of robbery not very distantly related to piracy. That it is robbery no one can deny, and, query, “Can it be justified on the ground that the robber and the robbed are the subjects of nations at war with each other?”
5. In Europe an effort has been made to do away with this species of warfare. We hope it will yet succeed, and that all nations will agree to abolish this system of plunder. Innocent parties are generally the sufferers, while but small injury is done to the power of the hostile nation.
XXX. NAVY AND MARINE HOSPITALS
1. These institutions are still more important for sailors than for soldiers; as the sailor is more likely to have lost his adaptation to any kind of business on land, and to lose sight of family relations by reason of his long absences to foreign regions. The government very early took this subject in hand and made ample, and extremely comfortable, provision for disabled seamen belonging to its navy.
2. In 1811 an act was passed to establish navy hospitals, for the exclusive use of such seamen as belonged to the navy. This new institution was at first placed under the management of a board of commissioners known as the commissioners of navy hospitals. This commission consisted of the Secretaries of the Navy, Treasury, and War. But in 1832 this was changed, and the Secretary of the Navy was made sole trustee of the navy hospital fund, which was made up of $50,000 appropriated by Congress for that purpose, together with twenty cents per month collected from seamen belonging to the navy, and the fines imposed on navy officers, seamen, and marines.
The commissioners were authorized to purchase or erect suitable buildings for navy hospitals.
THE MARINE HOSPITALS.
3. These are located near important seaports. At these places seamen depart for, and arrive from their voyages, and are found in the greatest numbers; and here the funds for the support of the marine hospitals are collected, as is the tonnage on ships, viz.: by the collectors of the ports. For this purpose the law authorizes the collectors of customs to demand and receive the sum of twenty cents per month from the wages of every sailor; and every master of a vessel is obliged to render to the collector an accurate account of the number of seamen on board his vessel, and of the time they have been employed by him, since his last entry into any port of the United States. These twenty cents the captain must pay the collector, but he is allowed to deduct it from each seaman’s wages. In this manner the funds for the building, furnishing, and support of the marine hospitals are raised. The collectors of the ports pay them into the United States Treasury, and the Treasurer disburses them to the directors of the hospitals as they are needed. The directors are appointed by the President. They appropriate the funds, and have the general direction and management of the institutions.
4. These provisions are contained in an act entitled, “An act for the relief of sick and disabled seamen,” passed in 1798. Seamen, whether in the merchant service or in the naval service of the United States, were indiscriminately taxed for the support of these hospitals; and both have the same rights, privileges and benefits in them. The money thus collected from seamen is called “hospital money,” and the fund is denominated “the marine hospital fund.” In 1864 there were 24 marine hospitals in the United States.
XXXI. DEPARTMENT OF THE INTERIOR
1. At the first general census, in 1790, there were but little over three millions and a half of inhabitants in the United States, and these mostly settled along the Atlantic seaboard; the country was oppressed with debt, and not recovered from the effects of a desolating war. Its public business, therefore, was comparatively small in amount, and was readily managed by the three Departments, of State, of the Treasury, and of War. The energy of the people, and the great resources at their command, enabled them to surmount all their difficulties in a short time, and the country entered on a career of remarkable prosperity. Its public business kept pace with the general expansion, and new departments were from time to time created, to improve the efficiency of the public service.
2. In 1849 Congress passed a law creating the Department of the Interior, and a Secretary of the Interior, having a seat in the Cabinet, appointed in the same manner, and possessing the same rank, as the other members of the Cabinet, was installed in office.
3. The bureau of the Commissioner of Patents was transferred from the Department of State, and the General Land Office from that of the Treasury.
The supervisory power before exercised by the Secretary of the Treasury over the accounts of the marshals, clerks, and other officers of all the courts of the United States, was placed in the hands of the new Secretary. The office of the Commissioner of Indian Affairs, heretofore attached to the War Department, was also transferred to this; and the powers and duties of the Secretary of War, in relation to Indian affairs, were devolved on the Secretary of the Interior.
4. The Secretaries of War and of the Navy were by the same act relieved of their duties in regard to the Commissioner of Pensions, and those duties were thereafter to be performed by the Secretary of the new department.
The Census Bureau, heretofore attached to the State Department, and the duties of the Secretary of State in relation thereto, were also transferred to this department.
To the Secretary was also given the supervisory power over the lead and other mines belonging to the United States, heretofore executed by the Secretary of the Treasury.
The powers of the President over the Commissioners of Public Buildings were also transferred to him.
5. He was also charged with the control over the Board of Inspectors and Warden of the Penitentiary of the District of Columbia.
The Secretary of the Interior has the same power in appointing and removing clerks and other subordinates in his department, that the Secretaries of the other departments had over these several bureaus before they were transferred to this department.
This office has a seal, which must be affixed to the commissions of all its subordinate officers.
The President and Senate appoint the Assistant Secretaries.
From the foregoing it is easy to understand what branches of the public service are conducted in this office, and what are the duties of its Secretary.
6. The following is a list of all who have filled the office of Secretary of the Interior since the establishment of the department:
Thomas H. Ewing, Ohio, March 7, 1849. T. M. T. McKennan, Pa., 1850. Alexander H. H. Stuart, Va., Sept. 12, 1850. Robert McClelland, Mich., March 5, 1853. Jacob Thompson, Miss., March 6, 1857. Caleb B. Smith, Ind., March 5, 1861. John P. Usher, Ind., Jan. 7, 1863. James Harlan, Iowa, 1865. Orville H. Browning, Ill., 1866. Jacob D. Cox, Ohio, March 5, 1869. Columbus Delano, Ohio, Nov. 1, 1870. ” ” reappointed March 17, 1873.
XXXII. PUBLIC LANDS
1. ALL the land in the United States, to which individuals or corporations have not acquired a legal title, is held by the general government. This includes the land, or the part of it not under special reservation, belonging to the Indians. As the settlements push on into the territory roamed over by the thinly scattered Indian tribes, an equitable arrangement is made with them, by which certain Reservations, large enough for their purposes are set aside for their occupation; and an indemnity, commonly in the form of an annuity, is made them for the lands to which they renounce their right. As they are gradually melting away, their lands will soon become all, or nearly all, the property of the government.
2. The lands free for settlement are sold under certain regulations; and given to certain classes—to soldiers, to actual settlers for Homesteads, to corporations to aid in promoting the public welfare—as Railroads and Colleges—and to support education in various ways; and the remainder held until required for use in the expansion of the country.
Nearly 200,000,000 acres have been given to assist in building railroads through unsettled parts of the country. A large part of this, however, has been only conditionally given, and not yet appropriated by the corporations. Many millions more have been given to the States as a fund in aid of public schools and collegiate institutions—and one thirty-sixth part is reserved, in every new township surveyed, for the benefit of public schools in that township. The rest is sold, at very low rates, to any who will buy.
3. To manage this property a bureau was established by act of Congress, in 1812, called The General Land Office. It was under the oversight of the Secretary of the Treasury until 1849, when the Department of the Interior was established, to which it was then transferred. Its head is called
COMMISSIONER OF THE GENERAL LAND OFFICE.
4. He is appointed by the President and Senate, must take the usual official oath before entering on his duties, and must give the usual official bond. He keeps the seal of his office, and fixes an impression of it upon all papers emanating from the Land Office. He, with his clerks and assistants, forms the bureau, keeps all the records and papers pertaining to the public lands, and performs all duties relating thereto. He receives reports from surveyors and from the district land officers, gives them their instructions, and reports to the President and to Congress when required to do so.
He issues all patents for lands granted by the United States, and sends and receives by mail all papers and documents relating to his official business, at public expense. Every patent for land is issued in the name of the United States, is signed by the President and by the Commissioner of the Land Office, and is then recorded in books kept for that purpose.
SURVEYORS GENERAL AND DEPUTY SURVEYORS.
5. When it is deemed necessary and expedient to bring the lands in any particular State or section of the country into market, a surveyor general is appointed for that State or section, and also a sufficient number of deputy or assistant surveyors to perform the work; which is done under the direction of the surveyor general, who is himself directed by law as to the manner of procedure. He is appointed for four years, taking the usual oath, and gives bonds for the faithful performance of his duties.
MODE OF SURVEYING THE PUBLIC LANDS.
6. The law directs how the lands shall be surveyed and mapped. Where it is practicable, they are laid out into square miles, each of which contains 640 acres, and is called a section.
These sections are then sub-divided into halves, quarters, and eighths of sections; that is, into lots of 320, 160, and 80 acres. The boundary lines are all run north and south, and east and west. Thirty-six of these sections, which make a plat of six miles square, are put into a township. These townships are designated by numbers, but when inhabited are named by the inhabitants as their fancy dictates.
SALE OF THE PUBLIC LANDS.
7. After the lands have been surveyed and properly mapped into townships and sections, they are brought into market and offered for sale in such quantities as are wanted by the purchaser; from 40 acres, one-sixteenth of a section, up to a whole section; or as many sections as the buyer pleases to take.
DISTRICT LAND OFFICES.
8. District land offices for the sale of lands are established for this purpose at as many places in the State or Territory where the lands are situated, as is deemed necessary for the convenience of purchasers. Here are kept maps of all the lands lying in the district, and buyers may make their selections both of quantity and location as suits them. Here they will find
A REGISTER OF THE LAND OFFICE AND A RECEIVER OF PUBLIC MONEY FOR LANDS.
9. The first named officer will register the application made for land in a book kept for that purpose, and the second will receive the money paid for it. These officers are appointed by the President and Senate, and report their proceedings to the General Land Office at Washington. The receiver transmits all moneys received by him to the United States Treasury once in a month or once in three months, as directed.
SCHOOL LANDS.
10. As before stated, the public lands are surveyed into sections of one mile square, and thirty-six of these sections make a township. For the purpose of encouraging education, Congress has enacted that section number 16, in every township, shall not be sold, but reserved for the township, to be applied to the support of common schools in that town. By this measure the government appropriated one thirty-sixth part of its lands to aid the work of educating the children in the new States. And in addition to this it has made other munificent donations of land for the establishment and support of colleges and other institutions of learning.
11. In addition to all this the United States have donated large tracts of land to the several States in which it lay, to aid them in building their State houses, &c. Large quantities of land have also been given to aid the construction of railroads.
HOMESTEADS.
12. The government has always sold its lands at a very low price, preferring to give the people cheap farms, rather than to raise more revenue from this source.
But in 1862, Congress passed an act called “the Homestead Law,” the object of which was to cheapen the public lands to a mere nominal price to heads of families, male or female, or to persons 21 years of age or over, or to persons who had served in the army or navy of the United States, whether 21 years old or not. By the provisions of this act such persons are allowed, for the trifling sum of ten dollars, to enter upon and claim 160 acres of land, provided the claimant swears that the land is applied for his or her own use, and for settlement and cultivation. But no patent (deed) is to be given until the applicant has actually settled upon and cultivated the land for the space of five years. Such applicant must also make affidavit that he has never borne arms against the United States.
By this liberal policy, persons of very limited means may provide themselves with comfortable homes for life; and the unoccupied lands will be settled and occupied faster than if the old price of one dollar and twenty-five cents per acre had been demanded. The revenue from the sale of lands will of course be less, but the wealth of the country will undoubtedly be increased by the measure.
13. Exceedingly rich and valuable mines of gold, silver, copper, lead and other minerals have been found upon the public lands. That the benefits of mining them might be extended to the many, instead of being monopolized by a few, a different rule for selling them has been made. After they have been surveyed, mapped and described, they, like other lands, are offered for sale, but in quantities of not more than 40 acres. These are generally sold at auction, but no bid less than five dollars per acre will be received. If not sold at public sale, they are then subject to private sale at that price.
XXXIII. HOW TO SECURE PUBLIC LANDS
There are two classes of public lands subject to entry; one at $1.25 per acre, known as minimum, and one at $2.50, known as double minimum, the latter being the alternate sections along the lines of railroads. Title may be acquired by purchase at public sale, or by “private entry,” and in virtue of the Pre-emption and Homestead Laws.
At Public Sale.—Lands are offered at auction to the highest bidder, pursuant to proclamation or public notice.
Private Entry.—Lands subject to private entry, are those which have been once offered at public sale without finding purchasers. In order to acquire title to these lands, a written application must be made to the Land Register of the District in which the land is located, describing the tract desired. The Register certifies the fact to the Receiver, stating price, and the applicant then pays the money and takes a receipt, and at the close of the month the Register and Receiver make return of the sale to the General Land Office, when a patent or full title issues on due surrender of the receipt, and will be delivered at the option of the purchaser, at the General Land Office in Washington, or by the Register at the District Land Office.
Land Warrants.—When lands are to be located with land warrants, application must be made as in cash cases, accompanied by an assigned warrant. When the tract is $2.50 per acre, $1.25 per acre must be paid in addition to the warrant. Receipts are given and patents delivered, as in the preceding case. At the time of location, a fee of 50 cents for a 40 acre warrant, and a corresponding amount for larger ones, must be paid to the Register, and a like sum to the Receiver.
Agricultural College Scrip.—This may be used in the location of lands at private entry, but is only applicable to lands subject to entry at $1.25 per acre, and is restricted to a technical “quarter section,” and to three sections in each township of land. The proceeding to acquire title is the same as in cash and warrant cases, the fees being the same as on warrants. This scrip may be used in payment of pre-emption claims.
Pre-emption.—Any person being the head of a family, or widow, or single man over 21 years of age, and a citizen of the United States, or a person who has filed his declaration to become such, by settling upon and improving any of the “offered,” “unoffered,” or unsurveyed lands of the United States, may obtain a pre-emption right to purchase 160 acres so occupied, at the regular government price, whether it be $1.25 or $2.50 per acre. Where the tract is “offered” land, the settler must file with the District Land Office his statement as to the fact of settlement, within thirty days thereafter, and within one year must make proof to the Land Office, of his actual residence and cultivation, and secure the land by payment in cash or Land Warrant. Where the land has been surveyed and not offered at public sale, the statement must be filed within three months after settlement, and payment made within 21 months. Where settlement is made upon unsurveyed lands, the settler is required to file a statement within three months after the survey, and pay within eighteen months thereafter. No person is entitled to more than one pre-emption right.
The Homestead Privilege.—The Homestead laws give to every citizen the right to a Homestead of 160 acres minimum, or eighty acres double minimum. To obtain Homestead, applicant must swear that he is the head of a family, or over the age of twenty-one, a citizen, or has declared his intention to become such; and that the entry is for his exclusive use and benefit, and for actual settlement and cultivation. When an applicant has made actual settlement upon the land he desires, he must make affidavit of the fact before the Land Register, and pay fees amounting, on 160 acres of minimum land, to $18, or an equal sum for eighty acres of double minimum, for which he gets a receipt; and after five years’ occupation and cultivation of the land, he is entitled upon proof of such cultivation to a patent or full title to the Homestead. Any loyal person in the naval or military service of the United States, may acquire a Homestead by reason of his family occupying land and making the application in his stead. All officers, soldiers, and sailors who have served in the army or navy for ninety days and remained loyal, may enter 160 instead of 80 acres of double minimum lands. The fees above for entering Homestead apply to surveyed lands in Michigan, Wisconsin, Iowa, Missouri, Minnesota, Kansas, Nebraska, Dakota, Alabama, Mississippi, Louisiana, Arkansas, Florida, Ohio, Indiana, and Illinois. In California, Nevada, Oregon, Colorado, New Mexico, Washington Territory, Arizona, Idaho, Utah, Wyoming, and Montana, the fees are $22 instead of $18. A settler having filed a pre-emption declaration, may change his filing into Homestead, and receive the benefit of the Homestead laws. If a Homestead settler does not wish to remain five years on his land before obtaining title, he may pay for it in cash or Land Warrants. Lands obtained under the Homestead laws are exempt from liability for debts contracted prior to the issuing of the patent.
United States Land Offices are located at Fort Des Moines, Council Bluffs, Fort Dodge and Sioux City, Iowa; Menasha, Falls of St. Croix, Stevens’ Point, La Crosse, Bayfield and Eau Claire, Wisconsin; San Francisco, Marysville, Humboldt, Stockton, Visalia, Sacramento, and Los Angeles, California; West Point, Beatrice, Lincoln, Dakota City, and Grand Island, Nebraska; Taylor’s Falls, St. Cloud, Du Luth, Alexandria, Jackson, New Ulm, and Litchfield, Minnesota; Oregon City, Roseburg, and Le Grand, Oregon; Topeka, Junction City, Humboldt, and Augusta, Kansas; Carson City, Austin, Belmont, and Aurora, Nevada; Vermilion, Springfield, and Pembina, Dakota; Denver City, Fair Play, and Central City, Colorado; Boonville, Ironton, and Springfield, Missouri; Mobile, Huntsville, and Montgomery, Alabama; New Orleans, Monroe, Natchiloches, Louisiana; Detroit, East Saginaw, Iona, Marquette, and Traverse City, Michigan; Little Rock, Washington, and Clarksville, Arkansas; Boise City, and Lewiston, Idaho; Chillicothe, Ohio; Indianapolis, Indiana; Springfield, Illinois; Jackson, Mississippi; Tallahassee, Florida; Olympia, and Vancouver, Washington Territory; Helena, Montana; Prescott, Arizona; Salt Lake City, Utah.
PRE-EMPTION LAWS.
A pre-emption right is the right of a squatter upon the lands of the United States to purchase, in preference to others, when the land is sold. Such right is granted to the following persons: Any citizen of the United States; any person who has filed his declaration of intention to become a citizen; any head of a family; any widow; any single woman of the age of twenty-one years or over; and any person who has made a settlement, erected a dwelling-house upon, and is an inhabitant of the tract sought to be entered—provided such settlement was made since June 1, 1840, and previously to the time of application for the land, which land must, at the date of the settlement, have had the Indian title extinguished, and been surveyed by the United States.
A person bringing himself within the above requirements by proof satisfactory to the Register and Receiver of the land district in which the land may lie, taken pursuant to the rules hereafter prescribed, will, after having taken the affidavit required by the Act, be entitled to enter, by legal subdivisions, any number of acres, not exceeding one hundred and sixty, or a quarter-section, to include his residence; and he may avail himself of the same at any time prior to the day of the commencement of the public sale, including said tract, where the land has not yet been proclaimed.
Where the land was subject to private entry, June 1, 1840, and a settlement shall thereafter be made upon such land, or where the land shall become hereafter subject to private entry, and after that period a settlement shall be made, which the settler is desirous of securing, notice of such intention must be given within thirty days after such settlement; and, in all such cases, the proof, affidavit and payment must be made within twelve months after such settlement.
The tracts liable to entry are embraced under the following designations: First, a regular quarter-section, notwithstanding the quantity may vary a few acres from one hundred and sixty; or a quarter-section, which, though fractional in quantity by the passage of a navigable stream through the same, is still bounded by regular sectional and quarter-sectional lines; second, a fractional section containing not over one hundred and sixty acres, or any tract being a detached or anomalous survey made pursuant to law, and not exceeding such quantity; third, two adjoining half-quarter-sections (in all cases to be separated by a north and south line, except on the north side of township, where the surveys are so made as to throw the excess or deficiency on the north and west sides of the township), of the regular quarters mentioned in the first designation; fourth, two half-quarter or eighty-acre subdivisions of a fractional or broken section, adjoining each other, the aggregate quantity not exceeding one hundred and sixty acres; fifth, a regular half-quarter and an adjoining fractional section, or an adjoining half-quarter subdivision of a fractional section, the aggregate quantity not exceeding one hundred and sixty acres; sixth, if the pre-emptor do not wish to enter one hundred and sixty acres, he may enter a single half-quarter section (made by a north and south line), or an eighty-acre subdivision of a fractional section; seventh, one or more adjoining forty-acre lots may be entered, the aggregate not exceeding one hundred and sixty acres; and, eighth, a regular half-quarter, a half-quarter subdivision, or a fractional section, may each be taken, with one or more forty-acre subdivisions lying adjoining, the aggregate not exceeding one hundred and sixty acres. Forty-acre tracts, or quarter quarter-sections, may be entered in the same manner that eighty-acre, or half-quarter sections, have been.
Only one person upon a quarter-section is protected, and he the one who made the first settlement, provided he conform to the other provisions of the law. A person who has once availed himself of the provisions of the Pre-emption Act, cannot, at any future period, or at any other land office, acquire any other right under it. No person, who is the proprietor of three hundred and twenty acres of land in any State or Territory of the United States, or who quits or abandons his residence on his own land to reside on the public land in the same State or Territory, is entitled to the benefit of the Pre-emption Acts.
The approval of the tracts by the local land office is the evidence of the survey; but the land is to be construed as surveyed when the requisite lines are run on the field, and the corners established by the deputy surveyor. No assignment or transfers of pre-emption rights are recognized at the land office; the patents issuing to the claimants, in whose names alone the entries are made.
The following description of lands are not liable to entry: first, lands included in any reservation by any treaty, law, or proclamation of the President of the United States, and lands reserved for salines and for other purposes; second, lands reserved for the support of schools; third, lands acquired by either of the last two treaties with the Miami Indians in Indiana, or which may be acquired of the Wyandot Indians in Ohio, or any other Indian reservation, to which the title has been, or may be extinguished at any time during the operation of the Pre-emption Acts, by the United States; fourth, sections of lands reserved to the United States, alternate to other sections granted to any State for the construction of any canal, railroad, or other public improvement; fifth, sections, or fractions of sections, included within the limits of any incorporated town; sixth, every portion of the public lands which has been selected as a site for a city or town; seventh, every parcel or lot of land actually settled and occupied for the purposes of trade and agriculture; and, eighth, all lands in which are situated any known salines or mines.
Persons claiming the benefit of the Pre-emption Acts are required to file duplicate affidavits, such as are specified by law, and to furnish proof, by one or more disinterested witnesses, of the facts necessary to establish the requisites mentioned in the first paragraph of this article; such witnesses having first been duly sworn or affirmed by some competent authority.
If adverse claims are made to the same tract, each claimant is to be notified of the time and place of taking testimony, and allowed to cross-examine the opposite witnesses, and to furnish counter-proof, itself subject to cross-examination. If, by reason of distance, sickness, or infirmity, the witnesses cannot personally appear before the register of the land office, their depositions, taken in conformity with the following regulations, may be received:
The notice to adverse claimants must be in writing, and served in time to allow at least one day for every twenty miles which the party may have to travel in going to the place of taking evidence. The proof, in all cases, should consist of a simple detail of facts merely, and not of broad and general statements. If the pre-emptor be “the head of a family,” the witnesses must state the facts constituting him such; whether he be a husband having a wife and children, or a widower, or an unmarried person under twenty-one years of age, having a family, either of relatives or others, dependent upon him, or hired persons. All the facts relative to the settlement in person, inhabitancy, or personal residence, the time of its commencement, the manner and extent of its continuance, as also those sharing the apparent objects, must be stated. It must be stated that the claimant made the settlement on the land in person; that he has erected a dwelling upon the land; that he lived in the same, and made it his home, etc. In the event of a decision by the land officer against the claimant, he may appeal to the Commissioner of the Land Office at Washington.
No entry will be permitted until the affidavit required of the claimant is taken. Duplicates thereof must be signed by the claimant, and the fact of the oath being taken must be certified by the register or receiver administering the same; one copy to be filed in the Register’s office, and the other to be sent to the Land Office at Washington.
A purchaser of public land is only required to make written application to the Register of the local land office for the tract desired to be entered, and to pay to the Receiver the purchase money therefor. Blank forms of such application are furnished gratuitously at the Land Office where the tract is desired to be entered.
SOLDIERS’ HOMESTEAD LAW OF 1872.
The following is the full text of the Amendatory Soldiers’ Homestead Bill, approved by the President on the 3d of April, 1872.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled: That every private soldier and officer who has served in the army of the United States during the recent rebellion for ninety days or more, and who was honorably discharged, and has remained loyal to the government, including the troops mustered into the service of the United States by virtue of the third section of an act entitled “An act making appropriations for completing the defenses of Washington, and for other purposes,” approved February 13th, 1862, and every seaman, marine, and officer who has served in the navy of the United States, or in the marine corps, during the rebellion, for ninety days, and who was honorably discharged, and has remained loyal to the government, shall, on compliance with the provisions of an act entitled “An act to secure homesteads to actual settlers on the public domain,” and the acts amendatory thereof, as hereinafter modified, be entitled to enter upon and receive patents for a quantity of public lands (not mineral) not exceeding one hundred and sixty acres, or one quarter-section, to be taken in compact form according to legal subdivision, including the alternate reserved section of public lands along the line of any railroad or other public work not otherwise reserved or appropriated, and other lands subject to entry under the homestead laws of the United States: Provided, the said homestead settler shall be allowed six months after locating his homestead within which to commence his settlement and improvements: And provided also, the time which the homestead settler shall have served in the army, navy, or marine corps aforesaid shall be deducted from the time heretofore required to perfect title, or if discharged on account of wounds received, or disability incurred in the line of duty, then the term of enlistment shall be deducted from the time heretofore required to perfect title, without reference to the length of time he may have served: Provided, however, that no patent shall issue to any homestead settler who has not resided upon, improved and cultivated his said homestead for a period of at least one year after he shall commence his improvements as aforesaid.
SECTION 2. That any person entitled under the provisions of the foregoing section to enter a homestead, who may have heretofore entered under the Homestead law a quantity of land less than one hundred and sixty acres, shall be permitted to enter under the provisions of this act so much land as, when added to the quantity previously entered, shall not exceed one hundred and sixty acres.
SECTION 3. That in the case of the death of any person who would be entitled to a homestead under the provisions of the first section of this act, his widow, if unmarried, or in case of her death or marriage, then his minor orphan children, by a guardian duly approved and officially accredited at the Department of the Interior, shall be entitled to all the benefits enumerated in this act, subject to all the provisions as to settlement and improvements therein contained: Provided, that if such person died during his term of enlistment, the whole term of his enlistment shall be deducted from the time heretofore required to perfect the title.
SECTION 4. That where a party, at the date of his entry of a tract of land under the Homestead laws, or subsequently thereto, was actually enlisted and employed in the army or navy of the United States, his services therein shall, in the administration of said Homestead laws, be construed to be equivalent, to all intents and purposes, to a residence for the same length of time upon the tract so entered: Provided, that if his entry has been canceled by reason of his absence from said tract while in the military or naval service of the United States, and such tract has not been disposed of, his entry shall be restored and confirmed: And provided further, that if such tract has been disposed of, said party may enter another tract subject to the entry under said laws, and his right to a patent therefor shall be determined by the proofs touching his residence and cultivation of the first tract and his absence therefrom in such service.
SECTION 5. That any soldier, sailor, marine, officer, or other person coming within the provisions of this act may, as well BY AN AGENT as in person, enter upon said homestead: Provided, that the said claimant in person shall, within the time prescribed [SIX MONTHS FROM DATE OF ENTRY] commence settlement and improvement on the same, and thereafter fulfill all the requirements of this act.
SECTION 6. That the commissioner of the General Land Office shall have authority to make all needful rules and regulations to carry into effect the provisions of this act.”
XXXIV. PATENTS
1. These originated in the desire of the founders of the government to encourage invention, in the belief that the general welfare of the country would be promoted by such a stimulus to genius, and the power to grant patents was expressly bestowed on Congress. That this was a very wise forethought there is no doubt. The hope of reward has given birth to innumerable inventions, among which some have been of incalculable value to the country, increasing its wealth almost beyond our power to estimate. It is, however, worth considering if there may not be a limit to the usefulness of the system, in its present form, in the changed conditions of the country. It is often the case that what accomplished the greatest good in its proper day, is at length outgrown, and becomes an embarrassment, requiring to be either essentially modified or laid aside.
2. A patent right is an exclusive right, granted by an officer denominated the Commissioner of Patents, in conformity to law, to the inventor or discoverer of any new and useful article. The exclusive right is conferred by acts of Congress, on compliance of the inventor with certain conditions which are clearly specified in the law. The evidence that such exclusive right has been conferred on any individual, is contained in a document, called “letters patent,” issued at the patent office in Washington; signed by the Secretary of the Interior, (formerly by the Secretary of State), countersigned by the Commissioner of Patents, and sealed with the seal of his office. Thus protected, he alone can make, use and sell the article he has invented, for the term of fourteen years; and upon showing a good reason therefor, the commissioner will extend the term seven years longer, or Congress will pass a special act for that purpose.
3. This was the law up to 1861; and is still in force as to patents granted anterior to that date. But a new act was then passed, extending the term of an original patent to seventeen, instead of fourteen years, and prohibiting any extension of such patents.
An inventor, before he can obtain a patent, must swear that he believes he is the inventor or discoverer of the art, machine, or improvement, for which he solicits a patent. He must also give in writing a clear, minute description of it; and, when necessary, must make and deliver a model of his invention; which in all cases must be something new, unused and unknown before, or his application will be rejected. There is considerable expense attending the procurement of a patent right.
4. But when obtained, no person except the patentee, has any right to make, sell, or use the article patented, until the time has expired for which this exclusive right was granted, without the permission of the patentee. Any person doing so is liable to a heavy penalty, and may be prosecuted in the Circuit Court of the United States; this court having original jurisdiction in all cases arising under the patent laws. But a writ of error or an appeal lies to the Supreme Court of the United States.
5. The Patent Office, when first established, was a bureau of the State Department, and the Commissioner of Patents acted under the direction of the Secretary of State. But after the creation of the Department of the Interior, in 1849, it was transferred to it, became a bureau of the new department, and the commissioner now acts under the general direction of its secretary.
THE COMMISSIONER OF PATENTS
6. Is appointed by the President and Senate. His duties are best explained in the language of the law itself, which, in speaking of the creation and appointment of this official, says that his duties shall be “to superintend, execute and perform all such acts and things touching and respecting the granting and issuing of patents for new and useful discoveries, inventions and improvements, as are herein provided for, or shall hereafter be by law directed to be done and performed.”
He has the charge and custody of all books, records, papers, models, machines, and all other things belonging to the patent office; and has the privilege of sending and receiving letters and packages by mail, relating to the business of the office, free of postage. He has the power to appoint his clerks, examiners and subordinates; among whom are patent office agents, who may be appointed in not more than twenty of the principal cities and towns in the United States. It is their duty to forward to the patent office all such models, specimens and manufactures, as shall be intended to be patented.
7. In cases of appeal from the decision of the commissioner, the appeal may be made to the board of examiners, or to the Chief Justice of the District Court of the United States for the District of Columbia. There is a seal for the patent office, which the commissioner keeps, and which he must affix to patents when granted, and to other papers and records issued from his office, which are wanted as evidence in other places.
He is also authorized to publish a classified and alphabetical list of all patents issued at the patent office. This he frequently does, for the information of the public.
XXXV. PENSIONS
Pensions are a provision, made by the general government, for the officers and privates of the army and navy disabled in the service of the country. They peril their lives for the protection of the public, and it has always been regarded as just that a support, proportioned to the extent of injury received, should be given to them, or to those dependent on them in case of their death. It is properly a continuance of pay in consideration of the services rendered. It does not often amount to a full support, and is graduated by the amount each received, according to rank.
A COMMISSIONER OF PENSIONS
Was appointed and placed at the head of a bureau, at first in the War Department, but afterward transferred to the care of the Secretary of the Interior. It is a Pension Office, in fact. This commissioner is appointed by the President and Senate in the same manner as other important officers. It is his duty to carry into effect the pension laws. He is authorized to appoint pension agents in all the States and Territories, who receive and distribute the money due to pensioners in their several districts, the agents receiving from the government a percentage for their services.
There has always been a large number on the list. At first they were the disabled soldiers and sailors of the Revolutionary War; then of the War of 1812 with England, followed in 1846 by the Mexican War. But all these were few compared with the number disabled in the Civil War. The amount appropriated by Congress for the year 1873-4, for pensions was $30,480,000. The law carefully protects the pensions against frauds and forbids its attachment by any legal process whatever. The nation is grateful to its brave defenders.
The proper officials to whom all applications should be made, by letter or petition, in Washington, are, by a soldier having his discharge, to the Paymaster General; when the discharge paper is lost, to the Second Auditor of the Treasury; when by those who represent a deceased person, to the second Auditor of the Treasury; when for commutation of rations, to the same officer; when for pensions, or any matter connected with pensions, to the Commissioner of Pensions.
Instructions have been prepared for all applicants, by the Commissioner of Pensions for the purpose of preventing fraud or misunderstanding. They are, in substance:
INSTRUCTIONS.
By the act of Congress approved July 14th, 1862, and amendatory acts, pensions are granted as follows:
1. Invalids, disabled in the military or naval service of the United States, in the line of duty.
2. Widows of persons who have been killed or have died in the military or naval service of the United States.
3. Children under sixteen, of the classes of persons on account of whose death widows are entitled; provided said widows have died, or have remarried.
4. Mothers of all classes of persons on account of whose death widows are entitled, provided said mothers were dependent on the deceased for support and no minor child survived.
5. Fathers, the same as mothers, in case of the death of the latter.
6. Brothers and sisters, under sixteen, provided they were dependent for support upon the person on account of whose decease they claim.
The First Section of the Act of July 14th, 1862, showing the rates of pension to the several classes and grades, is as follows:
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That if any officer, non-commissioned officer, musician, or private of the army, including regulars, volunteers, militia, or any officer, warrant, or petty officer, musician, seaman, ordinary seaman, flotillaman, marine, clerk, landsman, pilot, or other person in the navy or marine corps, has been, since the fourth day of March, eighteen hundred and sixty-one, or shall hereafter be, disabled by reason of any wound received or disease contracted while in the service of the United States, and in the line of duty, he shall, upon making due proof of the fact according to such forms and regulations as are or may be provided by, or in pursuance of law, be placed upon the list of invalid pensions of the United States, and be entitled to receive, for the highest rate of disability, such pension as is hereinafter provided in such cases, and for an inferior disability an amount proportionate to the highest disability, to commence as hereinafter provided, and continue during the existence of such disability. The pension for a total disability for officers, non-commissioned officers, musicians and privates employed in the military service of the United States, whether regulars, volunteers, or militia, and in the marine corps, shall be as follows, viz.: lieutenant-colonel and all officers of a higher rank, thirty dollars per month; major, twenty-five dollars per month; captain, twenty dollars per month; first lieutenant, seventeen dollars per month; second lieutenant, fifteen dollars per month; and non-commissioned officers, musicians and privates, eight dollars per month. The pension for total disability for officers, warrant or petty officers, and others employed in the naval service of the United States, shall be as follows, viz.: captain, commander, surgeon, paymaster, and chief engineer, respectively, ranking with commander by law, lieutenant commanding, and master commanding, thirty dollars per month; lieutenant, surgeon, paymaster, and chief engineer, respectively, ranking with lieutenant by law, and passed assistant surgeon, twenty-five dollars per month; professor of mathematics, master, assistant surgeon, assistant paymaster, and chaplain, twenty dollars per month; first assistant engineer and pilots, fifteen dollars per month; passed midshipman, midshipman, captain’s, and paymaster’s clerk, second and third assistant engineers, master’s mate, and all warrant officers, ten dollars per month; all petty officers, and all other persons before named employed in the naval service, eight dollars per month; and all commissioned officers, of either service, shall receive such and only such pension as is herein provided for the rank in which they hold commissions.
ACT OF JULY 4, 1864.
Various supplementary Acts have been passed by the Act of July 14, 1862, modifying in some particulars the provisions of previous legislation.
By the Act of July 4, 1864, it is provided that biennial examinations will hereafter be made by one surgeon only, if he is regularly appointed, or holds a surgeon’s commission in the army. Examinations by unappointed civil surgeons will not be accepted, unless it can be shown that an examination by a commissioned or duly appointed surgeon is impracticable.
Increased Pensions in Certain Cases.—A pension of twenty-five dollars per month is granted to those having lost both hands or both eyes in the military service of the United States, in the line of duty, and twenty dollars per month to those who, under the same conditions, shall have lost both feet, if such parties were entitled to a lower rate of pension under the act of 1862. This higher pension will date only from the 4th day of July, 1864, in case of pensioners already enrolled, or of applicants discharged prior to that date.
Evidence of Muster-in.—In accordance with the 11th Section of the Act of July 4, 1864, evidence of the muster-in of the soldier will not be required in any case, but there must be positive record evidence of service. Evidence of muster-in in the case of commissioned officers is still required.
ACT OF JUNE 6, 1866.
The Supplementary Pension Act, approved June six, eighteen hundred and sixty-six, provides increased rates of pensions over those granted by the Act of July fourteen, eighteen hundred and sixty-two, in the following cases, viz.:
1. Twenty-five dollars per month to all those invalids entitled, under the Act of July fourteen, eighteen hundred and sixty-two, to a lower rate of pension, on account of service rendered since March four, eighteen hundred and sixty-one, “who shall have lost the sight of both eyes, or who shall have lost both hands, or been permanently and totally disabled in the same, or otherwise so permanently and totally disabled as to render them utterly helpless, or so nearly so as to require the constant personal aid and attendance of another person.”
2. Twenty dollars per month to those invalids who, being entitled under like conditions to a lower rate of pension, “shall have lost both feet, or one hand and one foot, or been totally and permanently disabled in the same, or otherwise so disabled as to be incapacitated for performing any manual labor, but not so much so as to require constant personal aid and attention.”
3. Fifteen dollars per month to those invalids who, under like conditions, “shall have lost one hand or one foot, or been totally and permanently disabled in the same, or otherwise so disabled as to render their inability to perform manual labor equivalent to the loss of a hand or a foot.”
In order to obtain the benefits of the foregoing provisions, pensioners already enrolled will file an application in accordance with form F, appended hereto. Proof in addition to that on file with the previous application need not be forwarded, except as shall be specially required in each case, after the application is received. The applicant need only be examined by a pension surgeon when expressly required, on due notice from this office. Applicants not already pensioned, who believe themselves entitled to the benefit of the foregoing provisions, will specifically set forth such claim in their declarations, carefully stating the nature of the disability on account of which such higher rate of pension is claimed. The declaration must be made before some officer of a court of record, or before a pension notary designated by this office, as provided by the third section of the act of July four, eighteen hundred and sixty-four.
The above specified increased rates of pension will be allowed only to those disabled since the fourth day of March, eighteen hundred and sixty-one, and will date only from the sixth day of June, eighteen hundred and sixty-six.
Teamsters, Artificers, and other Enlisted Men,—not embraced in the terms of the Act of July fourteen, eighteen hundred and sixty-two, or of Acts supplementary thereto, are, by the tenth section of the Act of June six, eighteen hundred and sixty-six, included in the administration of the pension laws, in the class of non-commissioned officers and privates.
Minor Children to be Pensioned, in Certain Cases, instead of the Widow.—The eleventh section provides that when any widow, entitled to a pension under previous Acts, has abandoned the care of a child or children of her deceased husband, under sixteen years of age, “or is an unsuitable person, by reason of immoral conduct, to have the custody of the same,” the pension shall be paid to the duly authorized guardian of such child or children, while under the age of sixteen years, and not to the widow. The proper proof in such case, as provided by this section, is the certificate of the judge of any court having probate jurisdiction, “that satisfactory evidence has been produced before such court” to the effect above indicated. In presenting an application under this section, the guardians of the minor child or children will make a declaration in accordance with the appended form G.
Pensions Granted to Dependent Fathers and to Dependent Orphan Brothers.—By the twelfth section the provisions of the Act of July fourteen, eighteen hundred and sixty-two, are extended so as to include the dependent brother or brothers of a deceased officer, soldier or seaman, and the dependent father of such deceased persons, under like limitations as apply in the case of dependent sisters and mothers; but not more than one pension is granted on account of the same person, or to more than one of said classes. The forms prescribed for the latter cases may be used, with obvious variations, in applications made by dependent fathers or on behalf of dependent brothers.
Limitations as to Number and Date of Pensions.—The thirteenth section declares that but one pension shall be granted to any person at the same time; and that when application is not made within three years after the death or discharge of the party on whose account a pension is claimed, such pension, if allowed, “shall commence from the date of filing the last paper in said case by the party prosecuting the same.” This limitation applies to all classes of pensions.
Evidence of Marriage of Colored Applicants.—The fourteenth section provides that habitual recognition of the marriage relation between colored parties—that is, in the absence of the usually required proof—when shown by “proof satisfactory to the Commissioner of Pensions,” shall be accepted as evidence of marriage, and the children of such parties shall be regarded as if born in lawful wedlock. When the usual proof of marriage can be furnished, it will be required as heretofore. When only evidence of cohabitation and mutual recognition can be adduced, as provided in this section, the testimony of two credible and disinterested witnesses will be required, who must state how long they have been personally acquainted with the parties, and for how long a period the latter are known to have recognized each other as man and wife. If such acquaintance is deemed to be of too recent date to warrant the acceptance of this testimony, or if there is reason to doubt, in any instance, that the marriage relation existed in good faith, more specific instructions will be issued, adapted to the circumstances of the particular case.
ACT OF JULY 25, 1866.
Provost Marshals, Enrolling Officers, and others Entitled to the Benefits of the Pension Laws.—The first section of the Act of July twenty-five, eighteen hundred and sixty-six, extends the benefits conferred by the pension laws to provost marshals, deputy provost marshals, and enrolling officers disabled in the line of their official duty as such, and to the widows or dependents of such officers in like manner.
Declarations will be made in accordance with the instructions issued under the Pension Act of July fourteen, eighteen hundred and sixty-two, and supplementary Acts. The grade of such officers, for the purpose of determining the rates of pensions under this section, is fixed as follows: Provost marshals will rank as captains; their deputies as first lieutenants; and enrolling officers as second lieutenants.
Increased Pensions to Widows, and Orphan Children Under Sixteen Years of Age.—The second section of this act allows to those who are or shall be pensioned as widows of soldiers or sailors, two dollars per month additional pension for each child (under sixteen years of age) of the deceased soldier or sailor by the widow thus pensioned.
On the death or remarriage of such widow, or on the denial of a pension to her, in accordance with the provisions of section eleven of the Act of June six, eighteen hundred and sixty-six, the same amount to which she would otherwise be entitled, under this and previous provisions, is allowed to the minor children. The number and names of the children, with their ages, must be proved by the affidavits of two credible and disinterested witnesses. The provisions of this section only include the children of the widow, and not those of her deceased husband by a previous marriage. The widows of minor children of officers are not entitled to this increase. Declarations for an increase under this section, if for the widow, will be made in accordance with form H, appended hereto; and if for minor children, according to form I. The pension certificate must be sent with all applications filed subsequently to September four, eighteen hundred and sixty-six.
Increase of Pensions under Acts prior to July 4, 1862.—All pensioners under Acts approved prior to July fourteen, eighteen hundred and sixty-two, are, by the third section of the present act, granted the same rights as those pensioned under acts approved at or since that date, so far as said Acts may be applicable, with the exception of soldiers of the Revolution or their widows. This section applies only to pensioners who were such at the date of the approval of this Act.
Declaration of claimants under this section will be made in accordance with the forms previously issued under Act of July fourteen, eighteen hundred and sixty-two, and subsequent pension acts, with the necessary modifications, and the pension certificates will be returned.
Invalid Pensions of Claimants Dying while their Applications are Pending, the Evidence being Completed.—The fourth section of this act is construed in connection with the tenth section of the Act of July four, eighteen hundred and sixty-four, and the sixth section of the Act of June six, eighteen hundred and sixty-six, to which it is supplementary. If an applicant for invalid pension dies while his claim is pending, the evidence having been completed, the pension, under the provisions of this section and of those sections of previous acts above referred to, is disposed of as follows:
1. If he left a widow, or minor child, or children under sixteen years of age, or other dependent relatives, and died of wounds received or of disease contracted in the service or in the line of duty, no invalid pension certificate will issue, but such widow or dependent relatives will receive a pension, in their own right, taking precedence in the order prescribed by law in other cases.
2. If the claimant left a widow or dependent relatives, but did not die of wounds received, or disease contracted in the service and in the line of duty, so that neither widow nor dependent relatives would be entitled to a pension on his account, then the certificate will be issued in his name, and the pension paid to the widow or to the dependent relatives, as the case may be, in the same order in which they would have been pensioned, if entitled, as set forth in the preceding paragraph.
3. If the claimant left no widow or dependent relatives, the certificate will issue in his name, and the pension will be drawn by his executor or administrator.
Certain Accrued Rights Reserved under Repealed Enactments.—The fifth section reserves all rights that may have accrued under the fifth section of the pension Act of July four, eighteen hundred and sixty-four, and the third section of the pension Act of March three, eighteen hundred and sixty-five, though repealed by the first section of the Act of June six, eighteen hundred sixty-six.
Widows Remarrying while their Claims are Pending,—Are entitled, under the sixth section, if their claims are otherwise valid, to receive pensions to the date of remarriage, if the deceased officer, soldier or sailor, on whose account they claim, left no legitimate child under sixteen years of age.
JOSEPH H. BARRETT, Commissioner of Pensions.
PENSION OFFICE, August 4, 1866.
ACT OF JULY 27, 1868.
SECTION 1.—Dependent Relatives.—In this section precedence is given to the dependent relatives hereinafter mentioned, in the following order, to wit: First, mothers; secondly, fathers; thirdly, orphan brothers and sisters under sixteen, who shall be pensioned jointly; and the persons enumerated shall each be entitled in their order, after the death of the one preceding.
SECT. 2.—Invalids Disabled Subsequent to Passage of this Act.—This section specifies as to pensions by reason of disabilities incurred subsequent to the passage of this Act, and enumerates the circumstances under which said disabilities must have been contracted.
SECT. 3.—Unclaimed Pensions.—This section provides that pensions remaining unclaimed for fourteen months after the same have become due, shall be adjusted at the Pension Agency instead of at the office of the Third Auditor; and the failure of any pensioner to claim his or her pension for three years, shall be deemed presumptive evidence that the same has legally terminated. On a new application, with evidence satisfactorily accounting for such failure, the pensioner may be restored to the rolls.
SECT. 4.—Increase of Pensions of Widows and of Children by a former Wife.—This section gives an increase of two dollars per month for each minor child of a deceased soldier, to commence from the death of their father, and continue until they severally attain the age of sixteen years; and provides that the children of a former marriage shall be “entitled to receive two dollars per month, to commence from the death of their father, and continue until they severally attain the age of sixteen years, to be paid to the guardian of such child or children for their use and benefit; Provided, however, That in all such cases such widow is charged with the care, custody, and maintenance of such child or children, the said sum of two dollars per month for each of said children shall be paid to her for and during the time she is or may have been so charged with the care, custody, and maintenance of such child or children, subject to the same conditions, provisions and limitations as if they were her own children by her said deceased husband.”
SECT. 5.—Widows and Minors not Debarred, etc.—By this section no widow or guardian to whom an increase of pension has been or may hereafter be granted on account of minor children, shall be deprived thereof by reason of their being maintained or educated at the expense of the State or of the public.
SECT. 6.—Extension of Limitation.—This section provides that all pensions applied for within five years after the right thereto shall have accrued, and which have been or may be granted under the Act of July 14, 1862, or Acts supplementary thereto, shall commence from the discharge or death of the person on whose account the pension has been or shall be granted; and in cases of insane persons and minors, who were without guardians or other proper legal representatives previous to said limitation, applications may be filed in their behalf after its expiration. This section applies solely to cases in which the title to pension has accrued subsequent to March 4, 1861.
SECT. 7.—Arrears.—In which notification of title to arrears of pension, under the foregoing section is provided for; and also that no claim agent or other person shall be entitled to compensation for services in making application for such arrears.
SECT. 8.—Widow’s Pension to Children, etc.—In which the requirement of the certificate of the court that satisfactory evidence has been adduced of the abandonment of the care of the minor child or children of a deceased soldier by his widow, or of her unsuitableness to have custody of them is dispensed with. The furnishing of satisfactory evidence thereof to the commissioner shall be sufficient to cause the suspension of said widow’s pension.
SECT. 9.—Pending Claim may be Completed by Heirs.—In which if any person entitled to a pension has died since March 4, 1861, his heirs or legal representatives shall be entitled to receive the accrued pension; provided no widow or minor child survives the applicant.
SECT. 10.—Remarriage.—This section provides for pension to the widow or dependent mother, from the death of soldier to the date of claimant’s remarriage, (provided no children under sixteen survive.)
SECT. 11.—Extension of Time.—This section provides for the continuance in force of the Act of July 4, 1864, from the 4th July, 1867, for five years.
SECT. 12.—Loss of an Eye.—This section allows twenty-five dollars as a pension for total loss of sight from wounds received or disease contracted in the service, though the pensioner may have had only one eye when entering the service.
SECT. 13.—Pension by reason of Right Accrued since Revolution.—By this section all persons pensioned by reason of services rendered since the war of the Revolution, and prior to March 4, 1861, are placed on the same footing with those pensioned under Acts passed since that time; and grants eight dollars per month to the widows of revolutionary soldiers and sailors now pensioned at less than that amount.
SECT. 14.—Limbs to Officers.—By this section captains in the army and lieutenants in the navy, and those of less rank, who have lost a leg or an arm in such service, shall be entitled to receive an artificial limb upon the same terms as privates in the army.
SECT. 15.—Special Acts.—By this section all pensions granted by special Acts shall be subject to be varied in amount, according to the provisions and limitations of the pension laws.
SECT. 16.—Repealing Clause.—By this section all Acts and parts of Acts inconsistent with the foregoing provisions of this Act be and the same are hereby repealed.