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 |
CHAPTER 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.
CHAPTER 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.
CHAPTER 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.
CHAPTER 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.
CHAPTER 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.
CHAPTER 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.
CHAPTER 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.
CHAPTER 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.
CHAPTER 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.
CHAPTER 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.
CHAPTER 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.
CHAPTER 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.
CHAPTER 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.
CHAPTER 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.
CHAPTER 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.
CHAPTER 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.
CHAPTER 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.
CHAPTER 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.”
CHAPTER 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.
CHAPTER 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.
CHAPTER XXXVI.
INDIAN AFFAIRS.
When America was discovered, in 1492, the whole continent was thinly
populated (except in some few regions where a considerable degree of
civilization and skill in agriculture had been attained, as in Mexico and
Peru) by roving tribes of natives, of unknown origin. These were called,
by Europeans, Indians, from the erroneous idea of Columbus, and the men
of that age at first, that there was only one continent; and that they
had reached the eastern shore of Asia, when America was discovered.
The whole of the region comprising our country was in the possession of
a great number of these tribes. Their number, when permanent settlements
began to be made, is not known, but probably amounted, in all the vast
territory, to only a few million—perhaps two or three. They divided
the country between them, in an indefinite way, war and hunting being
their chief occupations. They attempted very little cultivation of the
soil. The settlements of the Indians were as indefinite and moveable as
their boundaries, and they attached little value to land. Territory was
acquired from them partly by force and partly by purchase. These last
were usually made for a nominal sum, and with little comprehension, on
their part, of the importance and future effects of its alienation.
As the settlements of Europeans extended, frequent and barbarous wars,
greatly exasperating the whites, arose as a revenge for private injuries,
or in retaliation of encroachments on their hunting grounds. As these
always ended, ultimately, in favor of the settlers, and the Indians were
driven farther back, the country was taken possession of as the spoils of
conquest. These desolating contests, and the easily-acquired vices of the
whites constantly diminished their numbers. They were so inherently wild
men that the conquered remnants usually withered and faded away under the
process of civilization.
When, after the War of the Revolution, the settlements came to be
consolidated and extensive, under the rapid growth of the population,
lands were reserved for these remnants; treaties were made with them, as
with independent nations; and, from their improvidence and carelessness
as to the economical preservation of their resources, the indemnities
allowed them for the lands to which they renounced all claim were paid to
them in installments, or as annuities, by the government. This system has
been continued to the present day, and has occasioned the establishment
of the
INDIAN BUREAU OF THE INTERIOR DEPARTMENT.
It is presided over by the Commissioner of Indian Affairs, appointed in
the usual way by the President and Senate. Numerous Superintendents and
agents are appointed to reside near the different locations assigned to
the Indians, to conduct the business under his supervision, and receive
and distribute the goods and moneys given by treaty to each tribe. They
give bonds for faithfulness in the employment of funds destined for the
Indians. They are appointed for four years, and report and account to the
Department of the Interior.
Except a few who are taxed, the Indians are not counted among our
population as citizens. They have, therefore, no representative in
Congress, nor, except the criminal law to some extent, are they amenable
to other of our laws than such as the treaties have established.
Their internal government is conducted by themselves alone, neither
governor, judge, nor courts being established, as in other Territorial
jurisdictions.
They are difficult to control, however, not recognizing, as civilized
people do (except a small number who are far on the way to civilization),
the obligations of treaties and pledges. Dishonest and self-seeking
men often take advantage of their ignorance and their love of ardent
spirits and trinkets, to cheat and injure them. To remedy this as far as
possible, white men are not permitted to reside on their reservations
unless by special license of the government. Nor can they alienate their
lands to white men not officials acting under government supervision.
All pains are required to be taken by the government officers to promote
their interests, and schools and missions are encouraged among them, and
agricultural implements are furnished so far as they can be persuaded
to use them. In short, it is the benevolent and enlightened aim of
the government to act as the guardians of their true interests, to
encourage mental and moral culture among them, and assist them toward the
acquisition of the arts and comforts of civilized life.
It will easily be comprehended that many difficulties oppose themselves
to this effort with a race whose instincts are so wild and fierce, and
who adopt our vices so much more readily than our virtues, and are so
easily influenced by bad and designing men. Still, progress is made, as
will be seen in the case of
THE INDIAN TERRITORY.
It is situated south of the 37th degree of north latitude, and west of
the States of Arkansas and Missouri. Texas bounds it on the south. It
has 71,127 square miles, and is about a third larger than the State of
Illinois. It is very fertile, for the most part, and a beautiful region.
It is inhabited, in great part, by Indians who have been transferred from
the regions east of the Mississippi, mostly Cherokees, Creeks, Choctaws,
and Seminoles. Some of these were removed by persuasion, and some by
force, from their former homes, where they were disturbed by proximity to
the rapidly increasing white population.
Each tribe has its own section of the Territory. Here they practice their
own customs unmolested, and conduct their own government. Many of them,
especially the Cherokees, are intelligent and industrious. They have
churches and schools and factories, highly-cultivated farms and good
buildings. Improvement is so marked among them that it is not improbable
that they may at some future time become a State in our Union. At present
they are amenable to the Circuit and District Courts of the adjoining
States when certain crimes are committed by them against the whites in
those States, but our courts have no authority over their relations to
one another.
The population of the Territory is 70,000. The entire Indian population
of the country is over 300,000. They are scattered over the States and
Territories between the Missouri river and the Pacific coast, and those
outside the Indian Territory are often at war with each other and with
our citizens, requiring many troops and a large expense to keep them
in subjection. It is probable that, as a race, they will soon become
extinct, except, perhaps, those in the Indian Territory. They are uneasy,
and dangerous neighbors to the whites in those sparsely-settled regions.
The amount appropriated to the Indians by Congress for the year 1873-4,
was $5,513,937, which was exclusive of their annuities, or funds invested
for them, of which they receive the annual interest.
CHAPTER XXXVII.
CENSUS BUREAU.
1. A census is an enumeration, or counting, of the inhabitants of
any country. History informs us that this was done in very ancient
times. One of the books in the Old Testament (Numbers) was named from
the circumstance that it contains an account of the numbering of the
Israelites, by the order of Moses. That numbering was a _census_ of the
people composing the Jewish nation. It not only gives us the total number
of the people, but that of each tribe; much after our own mode of doing
the same thing. We take ours by States, and we find the total of the
whole nation. In ancient times a census seems to have been taken more
for military than for any other purpose. This is one of the objects in
the present day; but in modern times many uses are made of a census. It
not only shows the military power of a nation, but when taken with the
distinction of sex, and age, with an account of the births, marriages,
and deaths during each year, it throws much light upon a variety of
interesting topics; such as the longevity, the rate of mortality, the
ratio of increase, and the average duration of human life. These, and
many other important facts are obtained by a census.
2. In the United States the census is the only means by which Congress
determines the number of Representatives each State is entitled to
have in that body. Hence the Constitution itself makes provision for
the enumeration of the people once in ten years—called a decade. The
first was made in 1790, the next in 1800, and so on every tenth year.
If the number of any year ends with a cipher, we know that the United
States census was taken, or will be taken, in that year, whether we look
backward or forward.
3. Up to the present time, according to the provisions made in the
Constitution, a census has been taken nine times, and under the head
of recapitulation (see index) we find what it was each time. We also
find that from the first (1790), to the last (1870), the population had
increased from 3,929,827, to 38,838,180. Therefore it approximates very
nearly to 40,000,000; indicating a growth unparalleled by any nation in
ancient or modern times.
We will next state how this great national work is performed. The
Constitution simply declares that it shall be done, but the laws specify
_how_ it shall be done, and _who_ shall do it.
The United States Marshals are the officers designated by the law as the
persons who shall make the enumeration of the people in each State and
Territory; in addition to which they are also required to procure other
statistical matter, as directed by Congress.
4. In order to accomplish this work, it is necessary to employ a number
of assistant marshals, one of whom must visit every house in his
district, and ascertain the number of persons belonging to it, together
with such statistical information as is required. This is all returned
to the Marshal, and by him sent to the Department of the Interior at
Washington, where, under the direction of the Secretary of the Interior,
it is made into a report, and then laid before Congress, to be used by
it in apportioning to the States their quota of Representatives. This
apportionment is actually made in the Department of the Interior, and
then laid before Congress for its examination and approval. The Marshal
appoints and commissions his deputies, who must be sworn to perform the
duties assigned to them, to the best of their ability.
5. In the department of the Interior there is a board whose duty it is
to superintend the work of taking the census. It prepares, prints, and
sends to every Marshal the blanks to be used by him and his assistants;
and when they have made returns of their work, the board arranges
them preparatory to laying them before Congress. After this they are
published, and make a valuable work of reference; for they contain a
vast amount of statistical information—such as the number of acres of
land under cultivation, the number of bushels of grain of every kind
produced in the year; the number of horses, cattle, sheep, swine, &c.,
raised; the number of manufacturing establishments, and the amount of
their productions; the number of churches, schools, colleges, &c.; the
number of deaf, blind, idiotic, and insane persons; together with much
other matter, quite too voluminous for insertion here.
6. All this is done by order of Congress, and of course paid for from the
United States Treasury.