| | | | | | |
STATES. |WHERE SETTLED. | 1790 | 1800 | 1810 | 1820 | 1830 |
-----------------+----------------+------+------+------+-------+-------+
Alabama |Mobile | ----| ----| ----| 127901| 309527|
Arkansas |Arkansas Post | ----| ----| ----| 14255| 30388|
California |Monterey | ----| ----| ----| ----| ----|
Connecticut |Windsor |238141|251202|262042| 275102| 297675|
Delaware |Cape Henlopen | 59096| 64273| 72674| 72749| 76748|
Florida |St. Augustine | ----| ----| ----| ----| 34730|
Georgia |Savannah | 82548|162101|252433| 340983| 516823|
Illinois |Kaskaskia | ----| ----| 12282| 55102| 157445|
Indiana |Vincennes | ----| 4875| 24520| 147178| 343031|
Iowa |Dubuque | ----| ----| ----| ----| ----|
Kansas |Fort Leavenworth| ----| ----| ----| ----| ----|
Kentucky |Boonesboro | 73077|220955|406511| 564135| 687917|
Louisiana |Iberville | ----| ----| 76556| 152923| 215739|
Maine |York | 96540|151719|228705| 98269| 399455|
Maryland |St. Marys |319728|341584|380546| 407350| 447040|
Massachusetts |Plymouth |378718|423245|472040| 523159| 610408|
Michigan |Detroit | ----| ----| 4762| 8765| 31639|
Minnesota |Fort Snelling | ----| ----| ----| ----| ----|
Mississippi |Natchez | ----| 8850| 40352| 75448| 136621|
Missouri |St. Genevieve | ----| ----| 20845| 66577| 140455|
Nebraska |---- | ----| ----| ----| ----| ----|
Nevada |---- | ----| ----| ----| ----| ----|
New Hampshire |Dover |141899|183762|214360| 244022| 269328|
New Jersey |Bergen |184139|211949|245555| 277426| 320823|
New York |Albany |340120|586756|959049|1372111|1918608|
North Carolina |Roanoke River |393751|478103|555500| 638829| 737987|
Ohio |Marietta | ----| 45365|230760| 581295| 937903|
Oregon |Astoria | ----| ----| ----| ----| ----|
Pennsylvania |Delaware Co. |434373|602361|810091|1047507|1348233|
Rhode Island |Providence | 69110| 69122| 77031| 83015| 97199|
South Carolina |Port Royal |249073|245591|415115| 402741| 581185|
Tennessee |Fort Loudon | 35791|105602|261727| 422761| 681904|
Texas |Matagorda | ----| ----| ----| ----| ----|
Vermont |Brattleboro | 85416|154465|217713| 235749| 280652|
Virginia |Jamestown |748308|880200|974622|1065129|1211405|
| | | | | | |
West Virginia |---- | ----| ----| ----| ----| ----|
Wisconsin |Pr. du Chien | ----| ----| ----| ----| ----|
| | | | | | |
TERRITORIES. | | | | | | |
| | | | | | |
Arizona |---- | ----| ----| ----| ----| ----|
Colorado |---- | ----| ----| ----| ----| ----|
Dakota |---- | ----| ----| ----| ----| ----|
Idaho |---- | ----| ----| ----| ----| ----|
Montana |---- | ----| ----| ----| ----| ----|
New Mexico |---- | ----| ----| ----| ----| ----|
Utah |---- | ----| ----| ----| ----| ----|
Washington |---- | ----| ----| ----| ----| ----|
Wyoming |---- | ----| ----| ----| ----| ----|
Dist. of Columbia|---- | ----|14,093|24,023| 33,039| 39,834|
-----------------+----------------+------+------+------+-------+-------+
-----------------+--------+--------+--------+--------+--------+-------
| | | | |Slaves |Slaves
STATES. | 1840 | 1850 | 1860 | 1870 |in 1790 |in 1860
-----------------+--------+--------+--------+--------+--------+-------
Alabama | 590756| 771623| 964201| 996988| ---- | 435132
Arkansas | 97574| 209897| 435450| 483179| ---- | 111104
California | ----| 92597| 379994| 560285| ---- | ----
Connecticut | 309978| 370792| 460147| 537418| 2759 | ----
Delaware | 78085| 91532| 112215| 125015| 8887 | 1798
Florida | 54477| 87445| 140425| 187756| ---- | 61753
Georgia | 691392| 906185| 1057286| 1200609| 29264 | 462232
Illinois | 476183| 851470| 1711951| 2539638| ---- | ----
Indiana | 685866| 988416| 1350428| 1673046| ---- | ----
Iowa | 43112| 192214| 674913| 1191802| ---- | ----
Kansas | ----| ----| 107206| 362872| ---- | ----
Kentucky | 779828| 982405| 1155684| 1321001| 11830 | 225490
Louisiana | 352411| 517762| 708002| XXXX731| ---- | 333010
Maine | 501793| 583169| 628279| XXXX463| ---- | ----
Maryland | 470019| 583034| 687049| XXXX806| 103036 | 87188
Massachusetts | 737699| 994514| 1231066|1XXXX351| ---- | ----
Michigan | 212267| 397654| 749113| 1184296| ---- | ----
Minnesota | ----| 6077| 172173| 435511| ---- | ----
Mississippi | 375651| 606526| 791305| 834170| ---- | 436696
Missouri | 383702| 682044| 1182012| 1715000| ---- | 114965
Nebraska | ----| ----| 28841| 123000| ---- | ----
Nevada | ----| ----| 6857| 42491| ---- | ----
New Hampshire | 284574| 317976| 326073| 318300| 158 | ----
New Jersey | 373306| 489555| 672035| 905794| 11423 | ----
New York | 2428921| 3097394| 3880735| 4364411| 21324 | ----
North Carolina | 753419| 869039| 992622| 1069614| 100572 | 331081
Ohio | 1519467| 1980329| 2339511| 2662214| ---- | ----
Oregon | ----| 13294| 52465| 90922| ---- | ----
Pennsylvania | 1724033| 2311786| 2906115| 3515993| 3787 | ----
Rhode Island | 108830| 147545| 174620| 217356| 952 | ----
South Carolina | 594398| 668507| 703708| 728000| 107194 | 402541
Tennessee | 829210| 1002717| 1109801| 1257983| 3417 | 275784
Texas | ----| 212592| 604215| 797500| ---- | 180682
Vermont | 291948| 314120| 315098| 330552| ---- | ----
Virginia | 1239797| 1421661| 1246690| 1224830|} {| 472516
| | | | |}293427{|
West Virginia | ----| ----| 349628| 445616|} {| 18371
Wisconsin | 30945| 305391| 775881| 1055167| ---- | ----
| | | | | |
TERRITORIES. | | | | | |
| | | | | |
Arizona | ----| ----| ----| 9,658| ---- | ----
Colorado | ----| ----| 36,538| 39,706| ---- | ----
Dakota | ----| ----| 2,576| 14,181| ---- | ----
Idaho | ----| ----| ----| 14,998| ---- | ----
Montana | ----| ----| ----| 20,594| ---- | ----
New Mexico | ----| 61,547| 83,009| 91,852| ---- | ----
Utah | ----| 11,380| 40,699| 86,786| ---- | ----
Washington | ----| ----| 11,168| 23,901| ---- | ----
Wyoming | ----| ----| ----| 9,118| ---- | ----
Dist. of Columbia| 43,712| 51,687| 75,080| 131,706| ---- | ----
-----------------+--------+--------+--------+--------+--------+-------
Total population in 1790 3,929,827
” 1800 5,305,937
” 1810 7,239,814
” 1820 9,638,131
” 1830 12,866,020
” 1840 17,069,453
” 1850 23,191,876
” 1860 31,747,514
” 1870 38,538,180
To which add Indians and
others in Indian territory,
not included in Census 304,192
Grand total in 1870 38,842,372
NOTE.—Returns of the colored population of the United States received
at the Census Office show a total in all the States and Territories
of 4,857,000, being an increase of 9.35-100 per cent. since 1860. The
State of Georgia has the largest colored population; Virginia, Alabama,
Mississippi, South Carolina, North Carolina and Louisiana follow next in
order.
As shown in the last census (1870), the seven leading States rank,
according to population, as follows: (1) New York; (2) Pennsylvania; (3)
Ohio; (4) Illinois; (5) Missouri; (6) Indiana; (7) Massachusetts. Thus
_four_ out of the seven most populous States are “new States;” that is,
they were not included in the original “thirteen.” In 1789, the four
States at the head of the list were: (1) Virginia; (2) Pennsylvania; (3)
North Carolina; (4) Massachusetts. At present, Virginia (if the State had
not been divided) would have ranked in the seventh place, or next _after_
Indiana. In absolute increase of inhabitants, Pennsylvania heads the
list of the old States in the last decade: and the total population of
said State is about equal to that of the thirteen States of Connecticut,
Arkansas, West Virginia, Minnesota, Kansas, Vermont, New Hampshire, Rhode
Island, Florida, Delaware, Nebraska, Oregon and Nevada. The aggregate
population of the six New England States of Massachusetts, Maine,
Connecticut, New Hampshire, Vermont and Rhode Island falls considerably
short of that of Pennsylvania. The States west of the Mississippi,
including the Pacific States, have about _one-sixth_ of the whole
population of the United States.
The ratio of increase in population from 1790 to 1800 was 35.02 per
cent.; from 1800 to 1810, 36.45 per cent.; from 1810 to 1820, 33.13 per
cent.; from 1820 to 1830, 33.49 per cent.; from 1830 to 1840, 32.67 per
cent.; from 1840 to 1850, 38.57 per cent.; from 1850 to 1860, 37.75 per
cent.; from 1860 to 1870, 22.34 per cent. Supposing the increase during
this decade (since 1870) to be 30 per cent. there would be in 1875 nearly
45,000,000 inhabitants. We have reason to suppose it to be at least 35
per cent. This, in 1880, would give 52,437,192.
PART THIRD.
THE PEOPLE AND THE GOVERNMENT.
1. All government is professedly for the good of the people; but in
point of fact, nearly every government that has ever been instituted has
been in the interest of an individual, a family, or a class. American
statesmen, in forming our government, admitted the superior rights of no
man or class of men. It was carefully organized to exclude all claims
or pretenses of that kind, with a single exception, at first, which
afterward disappeared in the tempest of a civil war. The executive, the
various members of the government, and the law makers depend on the
people for their elevation. At first they possessed only the dignity,
privileges, and rights of the people at large, and, their term of office
expired, they return to the same level, honored, indeed, if they have
been faithful servants; if not, carrying to their dishonored graves the
reproaches and contempt of their fellow-citizens, but retaining, in
neither case, a vestige of the power and exaltation over others that
clothed them when in office, the contrary of which so often makes an
unworthy man respectable in a different form of government.
2. That the masses of the people would be able to exercise a true
sovereignty without abusing it was always doubted until the trial was
made in this country. A very respectable class of statesmen in the early
days of the Republic, sympathized in this doubt, and it even crept
into the Constitution in the form of electors who were to choose the
President; intimating a distrust of the wisdom and sound discretion of
the voters in the choice of the Chief Magistrate. The liberty allowed to
the Legislatures of the States to determine the manner in which electors
should be chosen, while it recognized State authority on one side, on the
other implied a hesitation to trust so important a matter directly to the
people; and for a long time they were only indirectly consulted as to the
choice of a President.
3. It was not, however, caused by a desire to keep power from them,
but rather to avoid the unhappy effect of popular heat and rashness,
so often observed in popular governments before attempted. This
distrustful party first took control of the government, retained it
during three presidential terms, and for many years afterwards formed an
influential minority whose criticisms were of importance in establishing
a traditional policy for the government. This party—the Federalists,
headed by Washington and Hamilton—sought to found a strong and stable
government that should be able to fully protect the country from foreign
interference and domestic discord. Their control over the administration
was somewhat abruptly closed by acts considered arbitrary, interfering
with full freedom of speech and of the press—the “Sedition Laws” as they
were called. Jefferson and the Republican party demanded the largest
popular freedom, and had the conduct of the government for twenty-four
years, impressing on its habits and policy the respect for the opinions
of the people at large that has ever since characterized it. The people
gradually gained control of presidential elections and practically set
the electors aside, making and enforcing their own choice in general
elections.
4. The exercise of popular sovereignty has gradually been enlarged, no
qualification but that of age and nativity being now generally required,
and the government may fairly be considered to represent the views of
a majority of the people, and not only of the native, but also of the
foreign born; since the great mass of the latter are, by naturalization,
absorbed into the mass of citizens. They come to make a permanent home
with us, from a preference, as it is fair to assume, for republican
institutions; and it is considered right that they should have a voice in
the conduct of them. Nor have the American people seen cause to regret
their liberality in this respect. Citizens of foreign birth have usually
proved as thoughtful and wise as the rest of the population, and as
worthy of citizenship. They bring to us wealth in their labor if not in
their purses, and soon become thoroughly American in their habits and
sympathies. The government and the people cordially welcome them, and
find themselves the stronger and richer by so doing.
5. It must not be forgotten that the strongest fears of popular
influence on the government, the stability of our institutions, and the
maintenance of the good order necessary to the security of property
and the general prosperity, were entertained at the first; that the
prophecies of the foreseers of evil have been almost uniformly false
during its whole course; and that the relation between the people and the
general government has constantly grown closer, to the great advantage
of both. The first war into which the country was plunged after the
Revolution—that of 1812—was comparatively a failure, in its earlier part,
for want of this mutual confidence. Later the people and the government
have been more closely allied, and the government has been strong while
the people have seen their cherished ends gained.
There has been continual advance in liberality of administration, in
efficiency of organization, and in the completeness of social order. We
have no reason to suppose that a tendency, continued through a hundred
years and favored by so many circumstances that are common to all nations
in our generation to a degree never before known, will be changed. Rather
we may confidently expect that with increased intelligence, experience,
and prosperity that tendency will be strengthened.
CHAPTER I.
SUFFRAGE AND CITIZENSHIP.
1. The right pertaining to citizenship, to vote for such officers as are
elected by the people, is called suffrage. When that right is acquired
with respect to one class of officers it always extends to the whole,
from petty town or city officials, to high officers of the State and
United States government—all, in short, who obtain office directly from
the people.
2. The Constitution defines who shall be regarded as citizens of the
United States, and all such are declared by it to be also citizens of
the State in which they reside. It declares “all persons, born, or
naturalized in the United States, and subject to its jurisdiction” to be
citizens. Indian tribes are mostly regarded as foreign nations, and have
such rights as treaties give them, but are not taxed and do not vote;
therefore they are not regarded as citizens.
3. Yet suffrage does not belong to _all_ citizens. The special regulation
of the voting prerogative was not assumed by the Constitution, nor
delegated to Congress, and it is generally conceded that it belongs to
the State governments. The regulations in the States are not uniform,
but in no State do women or minors vote. This cuts off a large part of
the citizens, nearly three-fourths belonging to these classes. Minors
are supposed, however, to be represented, as to their interests, by
their guardians, and females by husbands or brothers. Some of the States
make minor restrictions as to length of residence in the State, and
require a certain amount of property to constitute a voter, and in some
naturalization is not required—so that the range of the right of suffrage
varies within small limits, in different States. Whatever rule is adopted
by the States has been accepted as the basis of suffrage for that State
by the general government, when members of Congress and President and
Vice-President are voted for.
4. It seems to be a loose point in the regulations, otherwise so
admirable, since it may work a considerable inequality under given
circumstances; and, in some cases, might change the policy of the
government. It is a question worthy of consideration whether there
should not be an amendment to the Constitution establishing uniformity
of suffrage in all the States. This point has caused much discussion
in the State governments and various changes have been, from time to
time, made in many of them. These have been, usually, in the direction
of liberality—tending to enlarge the scope of suffrage. The property
qualification, quite common in earlier times, is now rare. The fifteenth
amendment, recently adopted, has largely increased the number of voters.
5. The experience of the Republic, thus far, has been in favor of the
doctrine that it is safe to trust the people with their own interests,
and that the responsibilities of self-government, when they are laid
on them under the favorable circumstances that exist among us, tend to
improvement instead of disorganization. Whether this will always be the
case it may not be safe to assume, and a prudent regard to possibilities
should not be neglected; but we should not forget that those who founded
American liberty ran great risks of anarchy in the eyes of their
contemporaries. We ought to be able safely to continue a policy of
suffrage which they introduced with results so fortunate.
6. Education needs to be encouraged, and this has always received much
attention. It is probable that but for the very liberal provision made in
this respect, the fate of our government would have been very different.
Many foreigners who had no early education, have been naturalized, and
the colored people born in the country have been made citizens. If the
remainder of the people had not been intelligent, it would no doubt have
been extremely dangerous. It has led to some serious local interruptions
of order and prosperity, but they have been, so far, temporary; and the
general effect has been to awaken ambition for education; the children of
new-made citizens have enjoyed the same facilities as others to acquire
intelligence necessary to a citizen; and the right of suffrage, when
extended to the ignorant and degraded has seemed to produce the general
effect of destroying a dangerous class by raising them gradually to
intelligence and self-respect and respect for the laws, by making them
the political equals of those who are socially and intellectually far
above them.
7. As we grow in numbers all influences like this take a wider range,
and acquire more power, and sometimes produce different results, when
they become extensive, from what was the case when more limited, from
the difference of influence in modifying causes; and there has always
been fear of trouble from the extension of suffrage to too many ignorant
persons. It is well to be cautious; but we ought to venture as far as
possible for the sake of improving and elevating all classes of our
people.
8. It is also a question worthy of attention if women who own property
that is taxed ought not to possess the right of suffrage. The war that
made us a Nation was begun because we refused to be taxed unless we
could be represented, and have a vote in the body laying the taxes. The
principle appears to be precisely the same; and what we fought for then
should not be denied now.
CHAPTER II.
OUR CITIZENS OF FOREIGN BIRTH.
Whatever fault we may sometimes find with the conduct of our government;
however much self-seeking to the neglect of the public good there may be
among officials; however many weaknesses, errors, and violations of law
may call for our severest reprobation, and, in moments of depression,
lead us to look gloomily and doubtfully toward the future; yet it is not
to be denied that the Home of real Freedom is with us. Mismanagement is
but temporary, or limited, and easily admits of remedy, with time and
care; our advantages are permanent and extensive. In eighty years the
population has become nearly twelve times as numerous as at the beginning
of that period, and this rapid growth in numbers has been made up largely
from the disposition of foreigners to make a permanent home among us.
Those who are oppressed, who suffer restraint in their interests or
belief, or wish for a wider career for themselves or their families—who
want a free field for business enterprise, for mental and moral
development, or full play for their abilities to influence their fellow
men, come to us. Here they find fair opportunity for what may be lacking
elsewhere. They come here by millions; the poor, by industry, become
rich; the oppressed leave persecutions and galling burdens behind them;
and genius finds full play for its aspirations in whatever direction its
energies may be turned.
At the time of the last Census there were 5,566,546 persons in the Union,
and forming part of our population, of foreign birth. A large part of
these have become citizens by Naturalization. The remainder, or their
descendants, if they remain here, will become citizens by that process,
or by lapse of time.
After they have become familiar with our institution, ideas, and habits,
they are incorporated with the body of our citizens and are a part of the
Nation. The naturalized citizen may become, in time, a State officer,
or member of Congress, if he can make himself acceptable to his fellow
citizens; or he may possibly live to see his son President of the United
States.
Congress alone has power, under the Constitution, to enact naturalization
laws. Suffrage, or the right of voting, is left to the regulation of the
States, within certain limits; but every citizen, made such by law of the
General Government, is also a citizen of the State in which he resides,
and will acquire, within such times as State regulations shall determine,
the right to vote.
State laws regarding suffrage vary. Some States even admit aliens who are
not citizens of the United States to the right of suffrage and to other
privileges; and most require any citizen to reside a prescribed length of
time in the State before he can vote. A uniform regulation in all the
States would be desirable.
HOW TO BECOME A CITIZEN.
Any alien, having arrived in the United States after the age of eighteen
years, may be admitted to the rights of citizenship, after a declaration,
upon his part, or oath or affirmation, before the Supreme, Superior,
District, or Circuit Court of, or any court of record having common
law jurisdiction in, any of the United States, or of the territories
thereto belonging, or before a Circuit or District Court of the United
States, or the Clerk or Prothonotary of any of the aforesaid courts,
two years at least before his admission, that it is his _bona fide_
intention to become a citizen of the United States, and to renounce
forever all allegiance and fidelity to any foreign prince, potentate,
State or sovereignty whatever, and particularly by name, the prince,
potentate, State, or sovereignty, whereof such alien may at any time
have been a citizen or subject; if such alien has borne any hereditary
title, or been of any of the orders of nobility in the kingdom or State
from which he came, he must, moreover, expressly renounce his title or
order of nobility, in the court in which his application is made, which
renunciation is to be recorded in such county; and the court admitting
such alien must also be satisfied that he has continuously resided in
the United States for five years, at least, immediately preceding his
naturalization, and also within the State or Territory wherein such court
is at the time held, at least one year immediately previous to such
naturalization; and that during such five years he has been of good moral
character, attached to the principles of the Constitution of the United
States, and well disposed to the good order and happiness of the same;
the oath of at least two citizens of the United States is requisite to
prove the fact of such residence; and, at the time of his application
to be admitted to citizenship, he must make, upon oath or affirmation,
the same declaration of renunciation and abjuration of allegiance to
any foreign power, and also make oath or affirmation to support the
Constitution of the United States; all of which proceedings are to be
recorded by the Clerk or Prothonotary of the proper court.
If any alien, having legally filed his declaration of intention to become
a citizen and taken the necessary oath or affirmation, die before he is
actually naturalized, his widow and children are entitled to all the
rights and privileges of citizens, upon taking the required oaths or
affirmations.
Any alien arriving in the United States under the age of eighteen years,
and continuously residing therein until the time of his application for
citizenship, may, after reaching the age of twenty-one years, and having
been a resident within the United States for five years, including the
three years of his minority, be admitted a citizen, without making the
formal declaration of intention required in other cases; but at the time
of his admission he must make such declaration, and further satisfy the
court, upon oath or affirmation, that, for the three years immediately
preceding, it had been his _bona fide_ intention to become such citizen,
and in all other respects must comply with the naturalization laws of the
United States.
Severe penalties for counterfeiting any evidence of citizenship, or
disposing of a certificate of naturalization to any person other than the
one for whom it was issued, are imposed by act of Congress.
CHAPTER III.
ELECTIONS.
1. A pure democracy is a government in which all the people who have the
proper qualifications for voting personally take part—or have the right
to do so—in the discussion of public measures, and enactment of the
laws. This is not practicable unless the State consist of a small number
of persons; and a representative democracy is substituted, in which
the masses of the people exercise the voting and ruling prerogative
by appointing a small number of substitutes to act in their place and
represent them. This appointment of representatives is for the most part
the only direct way in which the people of this country are able to take
part in the government. Though the theory is that the people alone are
sovereign, this is the only way in which sovereignty can exert itself.
Even if present in a legislative assembly, they cannot discuss or vote
unless they are Representatives, duly elected.
2. Elections, then, are of the highest importance. If a citizen would
exert his sovereign authority, as one of the depositaries of power, he
must take part in them. Representatives elected to make laws are expected
to express the will of the majority of the people whom they represent.
They are pledged, expressly or tacitly, to do so. If they disobey the
will of their constituents, there is no immediate redress. They can be
displaced only at the close of the term for which they were elected.
There is some inconvenience and danger attending this method; though
the fear of the displeasure of their constituents is usually sufficient
to secure faithfulness. Where the people are numerous, (there are now
more than 135,000 persons to each representative,) it becomes a matter
of much interest to know what is their will. It is ascertained by the
elections. The people vote for a candidate, or nominee, known to hold
certain political principles. As men do not often see or think alike
there is generally more than one principle, or system of views, regarding
public measures, involved in every election, and therefore more than one
candidate. The result of the vote shows the will of the majority. The
same question generally occupies the attention of the whole country, and
the elections to Congress determine the policy of the government, so far
as legislation is concerned.
3. The same remarks apply to the election of the President and the
members of the State governments. The choice of men for the State
legislatures determines the policy and political principles of the
State government, and as the majority in State legislatures appoint the
Senators, the character of Congress and its measures are influenced
by State elections. The choice of the President is not, in theory,
made directly, since Electors are chosen, who afterwards vote for the
President; but it is understood that they will vote for a certain man;
and it has been so invariably their custom to do so, that the result
is considered as settled by the direct vote of the people. Should the
Electors do otherwise the people would be very much surprised and
displeased, and those Electors would have little prospect of appointment
to office again. Very few men in office are willing to seriously offend
their constituents, so that practically, the people vote directly for the
President and Vice-President they prefer.
4. Of all our elections none is considered of so much importance as the
Presidential. These come every four years, because the Constitution
provides that the term for which a President is chosen, shall be four
years. Our elections, both for the general and State governments, are by
ballot, instead of _viva voce_, (the living voice,) as in some countries.
The ballot is a small piece of paper, with the name of the candidate or
candidates printed or written upon it, and then folded in such a manner
as to hide them, so that no one but the voter can tell what names are on
his ballot. A vote by _viva voce_, is when the voter, in the presence of
the inspectors of the election, audibly and clearly calls out the name of
the candidate for whom he votes, and thus proclaims in the hearing of all
present how he votes. But the ballot enables the voter to vote secretly
if he chooses to do so.
CHAPTER IV.
RATIO OF REPRESENTATION.
1. The ratio of representation simply means the ratio between the
whole population of the United States, and the whole number of their
Representatives in Congress; and this of course includes the ratio
between the people of any individual State, and the Representatives it
is entitled to; both being estimated upon the same basis, and determined
by the same rule.
2. The distinctive characteristic of our government is, that it is a
_popular_ government. Its power is vested in the people. They elect
their rulers, who are the servants of the people, and these rulers are
expected to carry out the people’s wishes. Upon such a system, it is a
matter of the first importance, to distribute this power equally among
all the people, and after having fixed upon the ratio between the whole
population and the whole number of Representatives; or, in other words,
after having determined how many members shall compose the lower House
of Congress, the next step is to apportion these members among all the
States in the ratio of their population. If one State has twice the
number of inhabitants that another has, it will be entitled to twice
the number of Representatives in Congress. If one has ten times the
inhabitants that another has, it will be entitled to ten times the number
of Representatives, and so on; with this one exception, which is, that
by a provision in the Constitution, every State, without regard to its
population, is entitled to one Representative in the lower House.
3. The adjustment of this matter is all provided for in the Constitution,
that is, in its general features; but it devolves upon Congress in every
tenth year to re-adjust and re-apportion the Representatives among the
several States, according to the population of each State as shown by the
last census, which is taken every tenth year; and when the apportionment
is once made, it remains the same for the next ten years, when the census
is taken again, and a new apportionment is made.
4. Up to the present time (1874,) this has been done nine times. It was
done the first time by the convention which formed the Constitution. That
apportionment is found in the Constitution, and is as follows:
To New Hampshire, 3
Massachusetts, 8
Pennsylvania, 8
Delaware, 1
Rhode Island, 1
Connecticut, 5
New York, 6
New Jersey, 4
Maryland, 6
Virginia, 10
North Carolina, 5
South Carolina, 5
Georgia, 3
By this it will be seen that the first Congress consisted of but 65
members.
The Constitution also provided that Representatives should not exceed
one to every 30,000 people. The next year after the government went
into operation, (1790,) the first census was taken, and as soon as the
result was known, a new apportionment was made. This was done in 1792,
and was made upon the ratio of one Representative to every 33,000 of
representative[4] population.
[4] The Representative population includes all free persons,
white or black; to which (according to the provisions of the
Constitution), three-fifths of all the slaves were to be added.
But this proviso, now that slavery is abolished, has become a
nullity.
5. In 1800, the second census was taken; and when Congress made the
apportionment, which was done in 1803, it did not change the ratio, but
left it at one Representative to every 33,000 of the representative
population.
In 1810, the third census was taken, and in 1811 the ratio was fixed at
one Representative for every 35,000 of the population.
In 1820, the fourth census was taken, and in 1822 Congress fixed the
ratio at one Representative for every 47,000 of the population.
In 1830, the fifth census was taken, and in 1832 the ratio was fixed at
one Representative to every 47,000 of the population.
In 1840, the sixth census was taken, and in 1842 Congress again declared
that the ratio should be one Representative to every 70,000 of the
population.
6. In 1850, the seventh census was taken, and in conformity with the law
passed this year, the number of members was for the first time limited;
the limit being 233; and the Secretary of the Interior was ordered to
take the census returns, and divide the whole representative population
by the number 233, and to make the quotient the ratio between the
Representatives and the people.
7. We have never seen the result of the Secretary’s estimate, but, taking
the population of 1850 and dividing it by 233, would produce a quotient
of nearly 94,000; and this we take as the ratio, after the time when
it was done, 1852; that is, one Representative to every 94,000 of the
population.
8. The eighth census was taken in 1860, and on it an apportionment
was based, which allowed one Representative for every 127,000 of the
population.
In 1850 Congress adopted the principle of permanently fixing the
number of members of Congress, to save the trouble of doing it as
heretofore, every ten years. An act was passed limiting it to 233;
but notwithstanding this limitation, it was provided that if any new
State came in, it should have its member, which would add to the
number. But this increase was to continue no longer than until the next
apportionment, when the number was to fall back again to the old figure.
In 1862 the law was modified to make the whole number of members
consist of 241 after the 3d of March, 1863. In 1870 the ninth census
was taken, and in 1872 Congress decided that after March 3d, 1873, the
Representatives should comprise 292 members, being one Representative for
every 135,239 of the population and apportioned them among the several
States as follows:
Alabama, 8
Arkansas, 4
California, 4
Connecticut, 4
Delaware, 1
Florida, 2
Georgia, 9
Mississippi, 6
Missouri, 13
Nebraska, 1
Nevada, 1
New Hampshire, 3
New Jersey, 7
New York, 33
North Carolina, 8
Ohio, 20
Illinois, 19
Indiana, 13
Iowa, 9
Kansas, 3
Kentucky, 10
Louisiana, 6
Maine, 5
Maryland, 6
Massachusetts, 11
Michigan, 9
Minnesota, 3
Oregon, 1
Pennsylvania, 27
Rhode Island, 2
South Carolina, 5
Tennessee, 10
Texas, 6
Vermont, 3
Virginia, 9
West Virginia, 3
Wisconsin, 8
9. But it must be borne in mind that Congress has the power to alter all
this, and to enact that Congress shall consist of any other number of
members, although it is not probable that this will be done soon.
10. The foregoing statements will show the general plan upon which the
House of Representatives is constituted, and how the several States
are constantly changing the number of their Representatives, and their
relative power and influence in Congress. This can be readily understood
by remembering the fact that new States come into the Union every few
years, and that the population increases much more rapidly in the Western
States than in the Eastern, and that, consequently, the West is rapidly
gaining power in Congress, while the Atlantic States are losing it.
11. In the apportionment no regard is had to the Territories or to their
population. In this adjustment, the States and their population only are
regarded, and the number of members is all given to the States. Every
Representative from a Territory is an addition to that number, but it
must be remembered that a Territorial member has no right to vote on any
question, but has only the right to debate; and for this reason he is
not, in the fullest sense, a member, and is not counted in adjusting the
number of which the House is made to consist.
CHAPTER V.
OATHS AND BONDS.
1. An oath is an appeal to God, by him who makes it, that what he has
said, or what he shall say, is the truth. It is the most solemn form
under which one can assert or pronounce anything. To utter a falsehood
while under oath is perjury, a crime of the darkest hue. One which
God has declared he will punish, and one which is made infamous, and
punishable by fine and imprisonment by the laws of the land.
2. The Constitution (Art. 6, Sec. 3) requires that Senators and
Representatives, and members of the several State Legislatures, and all
executive and judicial officers, both of the United States, and of the
several States, shall be bound by oath or affirmation to support the
Constitution. Then in the second article, section eight, the form of the
oath required of the President before he enters upon his duties, is given
in these words:
“I do solemnly swear (or affirm) that I will faithfully execute the
office of President of the United States, and will to the best of my
ability preserve, protect and defend the Constitution of the United
States.”
3. This is all the Constitution says about oaths; but it is enough to
show that no man (unless he commit perjury,) can accept office, either
under the United States or any State government, unless he in good faith
will support the Constitution.
But in the laws enacted by Congress, we find that not only official oaths
are required; but in a great variety of other cases, men who transact
business with the government are required to verify their accounts and
statements with an oath. This is particularly the case with those who
do business with the custom house; such as merchants, shipowners, and
masters of vessels. Many oaths must be put in the form of affidavits;
that is, the oath must be written and signed by the deponent, that the
statements made may be preserved.
4. The form of official oaths varies according to the nature of the
duties to be performed by the deponent. The oath must be taken before the
officer enters upon his duties. Should he neglect or refuse to do this,
his acts will be illegal, and he would make himself liable to punishment.
After the late civil war broke out, Congress for the purpose of
preventing those who had voluntarily taken part in the rebellion, from
holding thereafter any office under the government, passed an act
requiring every one before he could accept any office, either in the
civil, military, or naval departments, to take an oath in the following
form:
5. “I, A. B., do solemnly swear (or affirm) that I have never voluntarily
borne arms against the United States, since I have been a citizen
thereof; that I have voluntarily given no aid, countenance, counsel or
encouragement to persons engaged in armed hostility thereto; that I have
neither sought, nor accepted, nor attempted to exercise the functions
of any office whatever, under any authority or pretended authority in
hostility to the United States; that I have not yielded a voluntary
support to any pretended government, authority, power or Constitution,
within the United States, hostile or inimical thereto. And I do further
swear (or affirm) that to the best of my knowledge and ability, I will
support and defend the Constitution of the United States, against all
enemies, foreign and domestic; that I will bear true faith and allegiance
to the same; that I take this obligation freely, without any mental
reservation or purpose of evasion, and that I will well and faithfully
discharge the duties of the office on which I am about to enter. So help
me God.”
So strong and comprehensive an oath as this was never before required
from any officer of the government. It answers the requirements of the
Constitution, and substantially comprehends all contained in any other
forms heretofore used. It is at once an oath of allegiance, an oath of
support of the Constitution, and an oath to discharge faithfully the
duties of the office taken. This goes by the name of the TEST oath, and
frequently “The Iron-clad Oath.”
6. The object of the test oath was, during the Civil War, to prevent the
entrance into any office of a person who might be secretly unfriendly to
the government, and use his position to the advantage of its enemies. So
comprehensive and minute an oath would allow no chance of mental evasion
to a conscientious person, and would lay the offender under the liability
of severe punishment. It is evidently proper to bind all officers of
the general and State governments under the strongest and most solemn
obligation to a faithful and honest discharge of their duties.
7. Whoever receives an office in the United States, which is connected
with the revenue in any way, so that public money passes through his
hands, is required to give a bond as security for such money. These
bonds give the government a claim on their property if the money is not
accounted for according to the directions of the law. They are signed by
one or more persons who must show that they have the means to pay the
amount for which they become security. The amount of security required
depends on the sums of money that are to pass through the hands of the
official, or which is likely at any time to accumulate in his possession.
The government takes all the care it can that there shall be no risk of
loss of the public property, and the bond is designed to afford adequate
security for all that any officer may have charge of.
8. By this means two important ends are gained. No person can get an
office who has no friends and no reputation for uprightness sufficient
to induce those that know him to risk their own property on his honesty
and faithfulness. It was designed to be a sure means for the government
of finding out who were to be trusted. If he has not property himself, so
that he can secure his bondsmen to their satisfaction, he must have so
high a character for integrity that they are willing to risk their money
in his hands, or he cannot obtain an office. Security for public funds,
and a high degree of personal worth are both expected to be gained by
this requirement.
On the whole, this works very well indeed, in both respects, but there
seems no security, that is quite infallible, against roguery, unless it
be in the extreme care of the people, and their constant watchfulness
over all the affairs of the country and all the men who represent them.
It is difficult to make a house so strong that a thief cannot get into it
by force or stratagem, and rogues who wish to steal from the public funds
may band together and help one another to get into office and then divide
what spoil they can secure; or unforeseen events may bring more money
than was properly secured into an officer’s hands, or those whose duty it
is to see that he disburses the funds at the right times may be careless
or dishonest.
9. The only sure way is to take care that none but men of proved
integrity get into office, and to take all pains to cultivate honesty
in the community at large. The money lost by the government is probably
much less in proportion than in the private business of the country.
Great watchfulness is really exercised, and when such a case occurs
it is immediately known through the whole country. Not many men are
willing to run so much risk of punishment and public reprobation. Too
much care, however, cannot be taken to prevent corruption in public
life. It destroys the purity and soundness of _character_ on which our
institutions are founded. A republic cannot exist without a high standard
of virtue.
10. Every official is required to take an oath, or make a solemn
affirmation to discharge the duties of his office faithfully. Though we
cannot expect to be quite secure against the trickery and insincerity
of false and corrupt men, yet we have reason, on the whole, to
congratulate ourselves on the general security of public property, and
the watchfulness of the people over their servants in places of trust.
CHAPTER VI.
GOVERNMENT PRISONS.
1. The United States government has always endeavored to continue, as
it commenced, to rule with vigor, and to preserve a wholesome respect
for its own authority and the rights of all its citizens, while it has,
beyond all other governments, probably, that have ever existed sought to
avoid arbitrariness and severity; keeping in mind the principle lying
at the foundation of its institutions that it exists, not for itself,
but for the good of the people. It has assumed that the people generally
would not require coercion to submit to its regulations, and has not,
therefore, made that ample provision for punishment and intimidation that
is usual among governments.
In confirmation of this we call attention to the fact that the general
government does not own, and has never built, prisons for the confinement
of offenders against its laws. Imprisonment, as the mildest form of
punishment, has, indeed, very often been inflicted, more often than any
other form of punishment. How does this occur when they own no prisons?
The answer is that they use the prisons of the States wherever they will
allow it. This arrangement between the general and State governments has
been made in nearly if not all the States; the United States paying for
the support of their prisoners.
2. But in case any State should refuse to make such an agreement, the
United States marshal of any district where a prisoner is to be confined,
is authorized to procure some building where the prisoners may be safely
confined in the district where they have been tried and convicted, or
where they have been arrested and are held for trial.
This is a far more economical plan than it would be for the United States
to build prisons all over the country, and then to employ keepers of
them. It exemplifies the friendly relations existing between the States
and the general government.
CHAPTER VII.
PROCLAMATIONS.
1. A Proclamation is an official notice published by one high in
authority, for the purpose of giving reliable and authoritative
information to the people that something has been done, or will soon
be done, which is important for them to know, that they may act, or
refrain from acting according to the information contained in the
proclamation. These proclamations are made known to the country through
the most extensive channels of information that can be used for conveying
intelligence to everybody in the Republic. In our day, and in our
country, the newspapers are the best means that can be used for this
purpose. But in ancient times, and before the art of printing was known,
swift riders or runners were dispatched to every part of the kingdom
or country over which the proclamation was to be made known. These
messengers carried it with them, and proclaimed it in the ears of all the
people.
2. These documents are official acts brought before the people in due
form and solemnity. Sometimes they are only recommendations; at others
they have all the force of organic law, or the acts of Congress.
It has, for some years, been the custom of the Executive to designate
some day toward the close of the year as a day of thanksgiving,
recommending the day to be observed in a religious manner. Important
changes in the commercial affairs between us and some foreign country are
made known by the same method.
3. A memorable proclamation was made by President Lincoln, in 1862,
by which he made known to the country, and especially to the Southern
States, that if they continued their war against the United States for
one hundred days after its issuance, he would then, in virtue of his
authority as commander-in-chief of the army and navy, liberate the slaves
in all the seceded States. At the expiration of the time, which was on
the first of January, 1863, he issued another proclamation, in and by
which he did emancipate all the slaves in every State which had warred
against the United States government.
The blockading of our ports at the commencement of the civil war, and the
imposition of an embargo upon our shipping, previous to the last war
with England, were both subjects which brought out proclamations from the
President who then filled the Executive chair.
4. The above examples show the character of the cases which cause
proclamations to be issued. In some instances they have the authority
of law; in others they are merely recommendations; and in others only
communicate important intelligence in regard to our public affairs at
home or abroad.
CHAPTER VIII.
COMMISSIONERS.
1. As it is one purpose of this work to give a clear and complete account
of the mode of conducting the affairs of the general government, we
have thought it best to call attention to the class of officers named
at the head of this chapter; and especially since persons acting under
this title are assigned to a variety of duties, sometimes permanent and
sometimes temporary. In the first place, they act as heads of bureaus
in the various departments. These commissioners are permanent officials
of the government, established and provided for by law; such are the
commissioners of the land office, patent office, pension office, &c.
2. Another class of commissioners can hardly be considered officers,
but rather temporary or special agents. In the multifarious duties
devolving upon Congress, the President, and all the departments, it not
unfrequently happens that it is impracticable for them to do certain
things necessary to be done. The business to be transacted may be at a
great distance from the capital, even in a foreign country. In these
cases commissioners are appointed to do such business. They have been
appointed to negotiate a peace, to make treaties of various kinds between
us and other powers, and to negotiate with the Indians for the purchase
of their lands. The United States courts appoint them to take bail, or
to take testimony to be used on trials, and do various other things
necessary in trials and proceedings before them.
3. Congress frequently appoints commissioners to obtain information, or
to investigate some matter on which they expect to legislate. In all
cases they must report their proceedings, either to Congress, to the
President, or to the head of the department under whose instruction they
act. Permanent commissioners report once a year, or oftener if required,
that Congress may know the condition of affairs in their respective
bureaus. Special commissioners, after they have performed the work
assigned, make their report; after which their duties cease, and their
commission comes to an end.
4. The lowest grade of diplomatic agents are called commissioners. We
are thus represented at the present time in the Republics of Hayti and
Liberia.
5. By recent acts of Congress, the powers of commissioners in some cases
have been enlarged. They now examine persons charged with crimes against
the laws of the United States; hold them to bail, discharge them, or
commit them to prison; and do other magisterial acts, preliminary to the
trial of the accused. When acting in such cases, they are clothed with
some of the powers of a court.
CHAPTER IX.
OFFICIAL REGISTER.
1. Congress, in 1816, passed an act authorizing and requiring the
Secretary of State, once in two years, to print and publish a book called
“the official register,” in which he was ordered to register the name
of every officer and agent of the government, in the civil, military
and naval departments, including cadets and midshipmen, together with
the compensation received by each; the names of the State and county
where born; and the name of the place where employed, whether at home or
abroad.
To the list of persons employed in the Navy Department, the Secretary of
the Navy is required to subjoin the names, force and condition of all
the ships and vessels belonging to the United States, and when and where
built.
This work has been published and distributed, as the law directs, ever
since the passage of the act, and is sometimes denominated “the blue
book.” It is a very convenient and useful publication, as it shows
in compact form the whole official force of the government in each
department, together with the cost of maintaining it.
As it contains only names and dates and facts relating to persons,
comparatively few would take the pains to read it, and but a small number
is published. It can be found in the Congressional library at Washington,
where twenty-five copies of each edition are deposited.
CHAPTER X.
THE STARS AND STRIPES.
A nation’s Flag represents its sovereignty. It is adopted by its supreme
authority as a symbol or sign of itself, and wherever it waves the fact
of the substantial control of that authority, at that point, is thereby
asserted. If there is a struggle between two powers for control, the
presence of the flag proves that the authority it represents still
maintains itself, and its subjugation is declared by lowering its flag
and by the substitution of another in its place.
The flag is, therefore, an expression to the eye of the condition of
things; and attracts the sympathies and antipathies, the joys and
sorrows, the hopes and fears of those interested in the sovereignty it
represents. It is the rallying point of sentiment and of energy. The
affection and reverence bestowed on our country will light up into a
patriotic flame at sight of its flag. It is associated with all the
heroic deeds and achievements that adorn our national history, and with
the loss of all those we honored and loved who followed and fought for
it, and gave their lives in its defense. Our “Star Spangled Banner”
has been a thousand times baptized in blood dearer to us than our own,
and the sight of it recalls all these sacrifices so cheerfully made to
establish or to preserve our institutions. The flag of the United States
may well call forth more enthusiastic affection, pride, and hope than
any other in the world; for it symbolizes not only home, country, and
associations dear to Americans, but the justice, liberty, and right of
self government that are dear to all mankind. Humanity at large has a
deep interest in it.
Its history is this: Soon after the Declaration of Independence the
Continental Congress appointed a committee to confer with Gen. Washington
and “design a suitable flag for the nation.” After the painful and
depressing defeat on Long Island, the retreat through the Jerseys and
across the Delaware, when everything seemed lost for the new government,
Washington suddenly struck the vigorous blows at Trenton and Princeton
that confounded the enemy and drove him back to Staten Island. Congress
and the country were cheered with a hope and a resolution that never
afterwards failed them; for in the next campaign occurred the capture of
Burgoyne, followed by the treaty with France; and the close of the war in
our favor was henceforth only a question of time.
In the month of May or early June, 1777, following the staggering blow
Washington had given the British army in Jersey, the committee referred
to above, and Washington, completed the design for a flag. This was
accomplished and the first flag made at the house of a Mrs. Ross, in Arch
St., Philadelphia. The house is still standing—No. 239. She had a shop
where she followed the “upholder” trade, as it was then called—the same
as our upholstering. One day the Commander-in-chief, Hon. Geo. Ross, a
relative of hers, and certain members of Congress, called on her, with a
design for a flag—thirteen red and white stripes, alternate with thirteen
six pointed stars—and requested her to make the flag. She consented but
suggested that the stars would be more symmetrical and more pleasing
to the eye if made with five points, and folded a sheet of paper and
produced the pattern by a single cut. This was approved and she finished
a flag the next day. Mrs. Ross was given the position of manufacturer of
flags for the government, which descended to her children.
This was the flag that led our armies to victory during the remainder of
the war, waved over the crestfallen soldiers of Burgoyne and Cornwallis,
and at the mast head of John Paul Jones on the English coast. In 1794
this flag was changed, though its chief features were retained. Congress
then ordered that the flag should consist of fifteen stripes, alternate
red and white, and fifteen stars, white on a blue field. There were then
fifteen States. The stars and stripes were equal, and a stripe and a star
were added with the advent of each new State. This was changed in 1818,
as the States increased and the flag threatened to become too large,
by reducing the stripes to thirteen, representing the original Union,
and the stars were made equal to the number of States. No change has
since been made except to add a star whenever the union increased by the
admission of a State.
“The Star Spangled Banner,” a stirring patriotic song which is to
Americans what the “Marseillaise” is to the French, was composed by
the author during the cannonade of Fort McHenry, near Baltimore, by
the British fleet co-operating with an army which was to attack it,
simultaneously with the fall of the fort, by land, Sept. 13th, 1814. The
poet had gone on board the fleet under a flag of truce before the attack
began, to negotiate about some prisoners, and was obliged to remain
until the next day, the cannonade continuing during the night. If the
fort surrendered Baltimore would be taken; and the fate of Washington,
pillaged and burned a few days before, filled the people with the anxiety
which is expressed by the poet, to know if the flag still waved in the
morning “over the Land of the Free and the Home of the Brave.” The joy
of all America may be conceived when Admiral Cockrane drew off his
fleet and took the British army on board, while the “Stars and Stripes”
continued to float gaily on the breeze over Fort McHenry.
CHAPTER XI.
THE GREAT SEAL OF THE UNITED STATES.
1. The use of seals to give authority to documents, and to establish
their genuineness, comes down to us from a remote antiquity. It is much
easier to counterfeit a signature alone, than the impression of a seal,
and when both occur on a document it is considered fairly safe to be
relied on as a sign of authority.
They are usually emblematic of some event, or sentiment attaching to the
history or prevailing tendency and feeling of a country. They are used
on documents or papers issued by the government. Some of the Departments
have a special seal for their own use, in cases where the signature of
the President is not required. If it is not affixed to the proper papers
they fail to become legal and have no authority.
2. The usual mode of affixing the seal formerly was by placing melted wax
on the paper and pressing the seal on it giving a fac simile or perfect
representation of it. As this required time and business increased with
the growth of the country, Congress passed an act making it lawful to
affix the seal by making the impression directly on paper.
The custody of the Great Seal is with the Secretary of State, whose duty
it is to affix it to all civil commissions issued to officers of the
United States appointed by the President and Senate, or by the President
alone. But it is forbidden to be affixed before the President has signed
it. The seal alone without the signature has no value. It is used to show
the genuineness of the President’s signature.
3. The Secretary of State and all the other secretaries of the great
departments, each have a seal of office which is affixed to commissions,
and to other instruments emanating from their respective offices.
Several of the most important bureaus are required by law to have seals
of office; for example, the Land Office and the Patent Office. When the
United States gives a patent (title) to land, it must be sealed by the
Land Office seal. A patent right must be issued under the seal of the
Patent Office.
4. One of the most common and important uses of seals arises from the
necessity people are often under to have copies of records, maps,
and various other papers, the originals of which are in some of the
departments at Washington, to be used as evidence in courts, where trials
and other legal proceedings are pending. In order to provide for this
necessity, Congress has enacted that copies of such records, maps and
papers belonging to any of the government offices, under the signature of
the head of such office, or of its chief clerk, with the seal affixed,
shall be as competent evidence in all cases as their originals would be.
HISTORY OF THE GREAT SEAL.
1. Soon after the formal establishment of the Republic by the Declaration
of Independence, Benjamin Franklin, John Adams, and Thomas Jefferson were
appointed a committee to prepare a seal. They employed an artist and
furnished various devices; Jefferson combining them all at the request
of the others. The paper still exists in the office of the Secretary of
State at Washington. They reported Aug. 10th, 1776, but for some unknown
reason, probably neglect, it was not acted on.
In 1779 another committee was appointed, to make a device. They reported
May 10th, 1780. It was not acceptable, and was recommitted, being again
reported a year afterwards, but not adopted. In 1782 a third committee
was appointed, but could not satisfy Congress in their report. It was
then referred to the Secretary of Congress, Charles Thomson, who procured
various devices that were unsatisfactory.
After vainly striving to perfect a seal which should meet the approval
of Congress, Thomson finally received from John Adams, then in London,
an exceedingly simple and appropriate device, suggested by Sir John
Prestwitch, a baronet of the West of England, who was a warm friend of
America, and an accomplished antiquarian. It consisted of an escutcheon
bearing thirteen perpendicular stripes, white and red, with the chief
blue, and spangled with thirteen stars; and, to give it greater
consequence, he proposed to place it on the breast of an American eagle,
displayed, without supporters, as emblematic of self-reliance. It met
with general approbation, in and out of Congress, and was adopted in
June, 1782; so it is manifest, although the fact is not extensively
known, that we are indebted for our national arms to a titled aristocrat
of the country with which we were then at war. Eschewing all heraldic
technicalities, it may be thus described in plain English: Thirteen
perpendicular pieces, white and red; a blue field; the escutcheon on the
breast of the American eagle displayed, holding in his right talon an
olive-branch, and in his left a bundle of thirteen arrows, and in his
beak a scroll, inscribed with the motto _E Pluribus Unum_. For the crest,
over the head of the eagle, which appears above the escutcheon, a golden
glory breaking through a cloud, and surrounding thirteen stars, forming a
constellation of white stars on a blue field.
_Reverse._—A pyramid unfinished. In the zenith, an eye in a triangle,
surrounded with a glory. Over the eye, the words _Annuit Cœptis_—“God
has favored the undertaking.” On the base of the pyramid, are the
numeral Roman letters MDCCLXXVI; and underneath the motto, _Novus Ordo
Seculorum_—“A New Series of Ages”—denoting that a new order of things had
commenced in the Western hemisphere. Thus, after many fruitless efforts,
for nearly six years, a very simple seal was adopted, and yet remains the
arms of the United States.
CHAPTER XII.
THE ORIGIN OF LAW.
1. The origin of law varies with the character or class of the government
under which it is made. Where all authority is concentrated in the hands
of one man his will becomes law whenever expressed, or when expressed
in some regular and formal way. More generally laws are originated, in
our days, in civilized countries where there is a monarchial government,
by the ruler in conjunction with representatives of the people or some
classes of them. In point of fact, rulers are always obliged to regard
the habits, traditions, and feelings of the people more or less, or they
may be obliged by a revolution, or the intrigues of the ambitious founded
on their discontent, to retire to private life. The real prominence
of the people in their governments is constantly becoming greater in
all civilized lands, and it seems highly probable that, before many
generations have passed, all governments not founded on an acknowledgment
of the Sovereignty of the People will be incapable of maintaining
themselves.
2. In the United States of America the source of all authority, and the
origin of all law, is in the people alone. The fact that laws are made
by Representatives does not alter the principle at all. They are simply
the substitutes or agents of the people. Where there are many people any
other than a Representative Democracy is impossible. These are chosen
from among their equals, and when their term of office has expired return
to the common level. If they are ambitious of more than one term of
office they must take special care not to offend the majority that first
elected them.
3. The first signal exercise of the law making power by the people was in
the adoption of the Constitution as the Fundamental Law. This established
the character of the government, prescribed the duties and limits of
the legislative and executive branches, and organized a third branch to
watch over the action of the other two and keep it in harmony with the
Constitution. This Instrument then became the source or foundation of all
_special law_. It is a comprehensive statement of the will of the people,
but it may be changed or enlarged in a prescribed way. It is binding on
all legislators and executives. Whatever may be enacted or done by them
not in accord with it is null and void; the Supreme Court being bound so
to announce when the fact shall be proved before it. The Constitution
is the Law of the Land. Any laws enacted by Congress, or by State
Legislatures, not contrary to it, are valid and binding; but any attempt
to set aside any of its provisions, or disregard its true intent, would
be usurpation and a violation of the rights of the people. The term State
Sovereignty can, consequently, be true only in a limited and secondary
sense, this being a higher Sovereignty still.
4. The larger part of the general laws by which we are governed are made
by Congress, that body having been instituted to that special end. It
is composed of a popular House, or one chosen directly by the people,
and one more select, chosen by the State Legislatures to represent their
States as a whole. If the Legislature represents the will of the people
of the State accurately, as it always does unless some change in popular
opinion takes place suddenly after it has been elected, the Senators as
well as Representatives will embody the views of the people in their
respective States. So we see that the people are Sovereign and law really
originates with them. Laws, indeed, may be made by their agents that do
not suit them; but, if they cannot induce them to repeal such laws by
petition, remonstrance, or otherwise, at once, by waiting a little until
the terms of such members expire they can replace them by others pledged
to carry out their views. Thus the general policy of the government is
determined by the people at the general elections. They give the law
to the law makers, and appoint the executives who will administer them
in the spirit they approve. The whole matter is within their control
as a point of power, and still more so from the natural deference the
Representatives of the people feel toward the wishes of those on whose
favor they depend. The deep indignation or contempt of their fellow
men will seldom be incurred, even if they have no ambition for further
electoral honors.
5. The treaties made by the President, which require to be ratified
by the Senate to become binding, and the approval of the House of
Representatives if money is required to carry them into effect—since only
that branch can dispose of the property of the country, or originate laws
for raising money—have also the force of general laws. The whole country
is bound to act in conformity with their provisions. We have, then, three
kinds of law, or laws from three different sources that are alike binding
on the whole country: the Constitution, which is unchangeable except by
vote of the Legislatures or conventions of three-fourths of the States;
the laws of Congress, which may be made and repealed at their pleasure;
and treaty law, which involves the consent of a foreign State, but
requires the assent of the President and one or both bodies of Congress,
and which may be abrogated or modified at the united pleasure of all the
parties concerned in making it.
6. There is a fourth species of law more general still and more or less
of which is often involved in treaties with foreign governments. This
is the Law of Nations, or the principles acknowledged by all civilized
nations as binding on them in their intercourse with each other. The only
binding force it possesses is in the general practice of mankind, and
the authority of public opinion. This is commonly effective, since all
law depends really on the approval of the people for its efficacy, or at
least on their silent submission if they disapprove.
7. In every State in the Union the people elect a Legislative body which
makes such local laws as the people wish to be governed by, and as their
special circumstances require; but they are not permitted to legislate
on general questions, to make any law contrary to the Constitution,
or to the laws of Congress, nor are its laws binding on any but the
citizens of the State in which they are made, or such others as may
be residing there. Each State has a Constitution which determines the
special organization of its government, and limits and defines the powers
of its different branches; but it is required to be in harmony with the
Constitution of the United States. The Constitution, Legislature and
officers of a State are determined by vote of its people.
8. After this examination we reach this conclusion: That there is no
institution in the United States that has not been virtually established
by the people, its fundamental law was adopted by them of their own
free will and may be changed when they see fit; and that if all the
laws, of whatever kind, that are binding on them, are not such as they
prefer, they are, at least, originally responsible for them, and have
in their hands the means of changing them within a reasonably short
period. In fact their demand or the zeal of their Representatives for
their interests usually originates whatever laws are made. The constant
general prosperity of the country since the establishment of the present
government, the increase of intelligence and self respect among the
people, and the beneficial influence exerted by the United States on the
world tend to confirm and settle its principles and laws on a permanent
foundation.
CHAPTER XIII.
THE LAW OF NATIONS.
1. The laws of any nation are the rules by which it is governed, a
violation of which renders the offender liable to the infliction of
certain penalties. These laws, in many nations, are carefully and
systematically arranged in the beginning, as in the United States; in
others, as in England, they are gradually produced, the course taken in
dealing with the first of a class of similar cases furnishing a precedent
that is equal in force to a general law.
2. From very early times the different nations who had intercourse with
each other began to follow certain rules, which commonly originated
in the mode last mentioned above; and many of them became generally
recognized as the proper guide in international intercourse. These
customs came, at length, to be called the Law of Nations. Writers of
eminence carefully investigated them, and studied the principles on which
they were founded. These writers are held to be authorities as to this
law, and the principles they have laid down are generally acknowledged,
by civilized nations in modern times, as the standard of International
Law.
3. There is no possibility, in the present state of the world, of
organizing a tribunal with authority to impose penalties for violations
of this law by individual nations; though it is to be hoped that may
some time be the case. The only representative of such a tribunal is the
general opinion of the civilized world; and nations must, themselves,
act as supreme judges and executors of the law as it applies (or as they
choose to hold it as applying) to their disputes. When they cannot come
to an agreement with their adversaries, they commonly Declare War, and
endeavor to right themselves by force.
4. This is not, by any means, an equitable or satisfactory way of
avenging wrongs. The aggressor may be the strongest; and the offense, in
that case, will be greatly increased. It causes the penalty, in any case,
to fall very heavily on many innocent heads, and produces lamentable and
wide-spread desolation. Yet it is sometimes better than tame submission;
and the right to make war when grievous wrong has been suffered, or
indignity offered to the national honor, is recognized by the Law of
Nations; and certain rules are applied by it as a guide in honorable
warfare. There is nothing but self-respect, and respect for the opinions
of the civilized world, to keep belligerent nations within the limits of
these rules. They are, however, continually becoming better defined, and
Public Opinion has more and more weight in each succeeding generation.
5. Some of the more important features of International Law (or the Law
of Nations) are, that every nation has the right to regulate her own
internal affairs without interference from others, unless some of these
regulations may seriously affect the interests of a foreign power; that
national boundaries are to be respected; that bodies of water lying
within a national territory, and the seacoast for three miles from the
shore, are under its exclusive jurisdiction; and that a nation may take
measures to protect its own citizens who may be traveling or doing
business in other countries, unless they violate its laws; and then it
may first examine the case before the accused is given up for trial and
punishment to a foreign court. There are many other rules. These will
serve as examples.
6. One class of these laws requires special mention, because they are
often more carefully defined than most other international customs. These
are Neutrality Laws. Those now in force in the United States were enacted
in 1818. They are only a formal recognition by our highest legislative
authority—Congress—of the Law of Nations as generally accepted by other
governments. The leading regulations are, that our citizens shall not
interfere, but at their own risk and peril, in contests between other
nations; that no armament shall be fitted out in our territory for the
purpose of making war on any power with which we are at peace; and
making it unlawful for an American vessel to carry “Contraband of War”
(or war material) to either of two warring nations. It forbids granting
to one nation rights not allowed to the other with which it is at war.
Neutrality Laws are designed to avoid causes of unfriendly feeling, and
to prevent the improper interference of our citizens in the quarrels of
other nations.
7. Our government believed itself wronged in the course of the recent
Civil War by England. It claimed that the English government had not
been at proper pains to preserve a neutral attitude; and complaint being
made, the two governments agreed to appoint a Commission to examine and
arbitrate the case—the decision, whatever it might be, to be accepted
by both parties. This was done, at Geneva, in Switzerland; and probably
prevented a war between the two countries. It is to be hoped that
all national disputes may hereafter be settled in this reasonable and
Christian way.
8. Treaties are international laws binding on the two or more parties
making the contract; and our Foreign Representatives (as ambassadors,
ministers resident, etc.) deal with International Law as arranged by
treaties and the Laws of Nations.
CHAPTER XIV.
RELATION OF GOVERNMENT TO RELIGION.
1. Religion has always exerted so much influence on men that it has been
customary for governments to assume more or less control over it; and,
as the leaders of religious systems have commonly been glad to get the
support of governments, there has usually existed what is called a “Union
of Church and State,” the government endorsing the views of some special
religious system, and giving more or less support to its officials;
sometimes, even refusing to tolerate any other; or, if tolerated,
reserving its special recognition and favors, and whatever material
support it chose to give to religious establishments to that termed
National, alone; that church returning the favor by using its great
influence with the people to support the measures of the government.
It is very distasteful to many men who differ from the views of the
favored system to be required to support it, and to be frowned upon by
the government if they do not feel inclined to connect themselves with it.
2. The Founders of our government were wise enough to leave the people
to arrange religious questions according to their pleasure. They were
not unbelievers in religion, but thought, as most of our citizens now
think, that entire liberty should be left to all to act in religious
matters as they felt able and inclined. All religious systems are equally
tolerated—no government support is given specially to any. Some people
do not approve of religious oaths (an affirmation in the name of God, or
calling God to witness that what is said is true,) and from such persons
a solemn affirmation or statement, answers the purposes of the law.
Although neither the Constitution, nor Congress in its laws, prescribe a
religious profession of any kind, and the Constitution prohibits Congress
from making laws respecting the establishment of a State religion, or
interfering with the free exercise of it, and declares that “no religious
test shall ever be required, as a qualification to any office or public
trust, under the United States,” neither do they discourage religion.
Respect is shown, in many ways, to religion. Congress usually appoints
a chaplain, now of one denomination, and now of another; it allows
chaplains in the army and navy, and provides them a salary; and, of late
years, the President recommends a day of National thanksgiving to God
once a year, for the blessings we enjoy, and sometimes proclaims a day
of fasting and prayer. It shows all due respect to the religious beliefs
among the people, but leaves all free to practice any form of it, or to
reject them all.
3. Entire religious liberty is a rarity in the world, and is much more
favorable to the purity and weighty influence of religious teachings than
a State religion. Many of the colonies that afterwards became States,
were founded by persons who fled from religious persecution in the
countries of the Old World, and multitudes have emigrated here to secure
freedom in the enjoyment of their religious views and practices, or even
entire freedom to reject all religion if they could not believe in any,
though that is seldom the case.
Our example has been much approved and is having much influence on other
nations.
TOLERATION OF OPINIONS,
4. Is characteristic of the American Government. Liberty of the Press,
or freedom to state any views a man may entertain, is as complete as
liberty in religious matters. Very severe things are sometimes written
and published of the government, and sometimes things that would do
much harm if they were generally believed, and no notice is taken of it,
unless some one sees fit to contradict it or prove it to be incorrect.
If a man injures another’s character by writing things that are false,
he can be tried, and, if convicted, punished by the courts. Vile and
indecent writings are prohibited; but otherwise there is entire freedom.
Falsehood and error are left to be destroyed in a natural way by the
truth.
This is a great gain to the truth since error has often been protected,
in other countries, by government authority, on the conviction that it
was the truth, to the great prejudice of truth itself.
5. Although, during the Civil War, there was some restraint put upon the
freedom of publishing things that might be hurtful to the government, the
instances were not very numerous, and, at the close of the war the spirit
of toleration was shown in a way very creditable to our people, and very
praiseworthy in our government, which left the way open to a speedier
reunion of sentiment and sympathy in the sections that had fought each
other so bravely.
The brave and resolute can afford to be just to each other, and to allow
entire freedom of opinion to all. In this respect we have fairly earned
the right to call ourselves a nation of freemen.
CHAPTER XV.
CHAPLAINS.
1. Regard to the religious habits of a large number of the people has led
Congress to appoint, or permit the appointment, of chaplains to supply
such religious instruction and services in the army and navy as might be
felt desirable by those concerned.
Though chaplains are not properly officers of the government, they are
employees of it, for they are appointed by its authority, and paid from
its treasury. Those in the army receive the same pay and emoluments as
a major of infantry; or this was the compensation allowed by act of
Congress in 1812. But by an act of 1862, it was fixed at $100 per month,
and two rations per day, for those in the army or hospitals. By the act
of 1812, one chaplain was allowed to every brigade; but by an act of 1861
(during the civil war,) one for every regiment was allowed.
Navy chaplains, in 1835, received $1,200 per year. But in 1860 this was
raised to a lieutenant’s pay; and this in 1862 was $1,800 per annum.
Chaplains in Congress receive $750 per annum.
2. The United States also employ a chaplain in the military academy at
West Point.
From the foregoing it will be seen that in time of war, with one
chaplain for every regiment, and one for every ship of war, and others
in hospitals and military posts, quite a large number of clergymen are
employed by the government.
This provision for the religious instruction of those who cannot, from
their peculiar position, attend the preaching of the Gospel, or other
religious services, is certainly an indication that our government
respects religion, and looks after the spiritual as well as the temporal
interests of its army and navy.
3. In the appointment of chaplains, the government pursues a liberal
course. No particular preference is given to any denomination, but
they are appointed from almost every religious sect, and allowed to
conduct religious services after the forms of the church to which they
respectively belong.
Every body knows what the duties of a chaplain are. So we need not
explain them here, and will only add that a faithful chaplain in the
army in time of war has much to do besides preaching and holding
regular services. The wounded, the sick, and the dying, should be
the particular objects of his attention. He should not only minister
religious instruction and consolation to them, but look after their
physical comforts. Many of these clergymen, during the late most
unfortunate civil war, distinguished themselves by their exertions to
promote the bodily comforts of those unfortunate men, as well as to give
them religious instruction, not refusing to nurse the sick and wounded
wherever they could relieve their pains or mitigate their sufferings.
CHAPTER XVI.
COMPROMISES.
1. In a large and prosperous country there are very likely to arise
antagonisms of interest and sentiment which will require the strong
pressure of some common and more imperative interest to overawe and
reconcile by a process of mutual concession, called Compromise.
The States of the two sections—North and South—were unlike in several
general respects; but it was in nothing so marked as in regard to
Slavery. This system was introduced in Virginia in the same year that
the Plymouth colony was founded in Massachusetts, and spread to all the
colonies, in time; but never was much practiced north of Maryland. In all
the Southern colonies it took deep root from the first. It formed the
subject of the most difficult
COMPROMISE OF THE CONSTITUTION.
2. This compromise consisted of concessions made by each section. The
North conceded the return of fugitives from their Southern masters, when
escaped to the north, and an enumeration of three-fifths of the slave
population in computing the representation in Congress. This was a great
sacrifice for that section to make, for its people were, at heart, deeply
hostile to Slavery. Both their interests and sentiments made it important
to exclude it from the new States where they were likely to settle in
considerable numbers. But a close and strong union of the States was
a vital point with them. Commerce, trade, and manufactures, to which
they were largely given, required resources and vigor in the central
government, to maintain the public credit at home, and secure respect and
safety abroad. The South conceded the final close of the Slave Trade at
a given time (1808). Outside of the Constitution it, at the same time,
conceded the “Ordinance of 1787,” by which Slavery was excluded from the
territory north of the Ohio river. Thus the North and South divided the
country between them.
3. This was, however, a very troublesome subject, and affected so many
legislative questions as to be constantly coming up for debate. The
sentiments of the Northern people grew more hostile to the institution,
and the South stood on guard with growing apprehension and anger, as
this state of feeling developed in the North; and, at the same time, it
became evident that the more rapid growth of the northern population gave
them an increasing preponderance in Congressional representation. They
jealously watched over the rights of the State governments from their
fear of Congressional or executive interference, and industriously sought
means to extend their area and increase the number of Slave States.
They were always much assisted by a large party in the north of those
who cherished the Union and were fearful of its dissolution. They were
ever pouring oil on the troubled waters, and mediating between the two
extremes.
THE MISSOURI COMPROMISE.
4. The arrangement of the Slavery question so termed was made in 1820,
and took effect as to the State of Missouri in 1821. In the five years
that followed the close of the last war with England there was great
activity in settlement of the unoccupied territory, and the country
gave indications of the power of rapid development that has so strongly
characterized it since. The South foresaw the loss of its balance of
power if too many of the new States were organized as free. Missouri
had included a clause in her Constitution, presented for the approval
of Congress, prohibiting slavery. This clause the South demanded should
be stricken out. It produced great excitement and hot discussion
throughout the country, and seemed to threaten the stability of the
Union. Both sections were resolute in maintaining their principle, but
both appreciated the necessity of strength in the government and harmony
between the sections, and each made a sacrifice for the sake of these.
Missouri was required to admit slavery, and the condition was annexed
that no more Slave States should be formed north of its southern line.
This was a concession trying to both sides. The North became a party to
the extension of Slavery, and the South gave definite limits to her power
of expansion. Each, however, gained something: the South a State above
the limits before virtually fixed, and the North a definite and final
limit to the extension of a hated institution. This was quite generally
satisfactory, and for many years set that question at rest.
5. “Mason and Dixon’s Line” was the term applied to the boundary between
the Free and Slave States. This name originated in colonial times.
The royal grants to colonial proprietors or companies were often very
carelessly made, and those to Lord Baltimore, the founder of Maryland,
and William Penn, the proprietor of Pennsylvania, were specially
indefinite, giving rise to adverse claims that nearly produced war along
the border. Commissioners were at length appointed, who employed Mason
and Dixon, eminent English astronomers and surveyors, to establish the
boundary, which they did satisfactorily. The importance of the question
settled, and the reputation of the surveyors for scientific accuracy,
attached their name to the boundary permanently. It acquired political
significance afterwards, as the boundary between Maryland, the most
northern of the slave States, and Pennsylvania, the most southern of the
original free States. When new States were formed, with the Ohio river as
a boundary from its point of departure out of Pennsylvania, that name was
extended in its application to the whole dividing line between the free
and slave States—south or north of Mason and Dixon’s Line meaning, in
slave or free territory.
6. After some years the southern statesmen began again to feel
apprehensive of a loss of their equality of power in the general
government, so rapidly did the northern territories fill up. They began
to look for more territory, and favored the settlement, independence,
and annexation of Texas. Though long resisted, they succeeded in the
election of 1844, with this annexation and a probable war with Mexico as
test questions, and added not only Texas but New Mexico and California
to the territory wherein slavery, by the Missouri Compromise, would be
admissible.
7. Their satisfaction was not very durable. The discovery of gold in
California filled it with inhabitants so soon, and these so largely from
the free States, that in two years from its definite acquisition it
petitioned for admission into the Union with a clause in its Constitution
prohibiting Slavery. This was very exasperating to the South, and
after a long and violent contest could be carried by the North only by
the passage of the Fugitive Slave Law—a re-enactment of a part of the
Compromise of the Constitution with provisions so vigorous and effective,
could they have been enforced, as to be, in the highest degree, offensive
to a considerable part of the northern people. Utah was given a
Territorial government as a concession to the South, and the Slave Trade
was abolished in the District of Columbia as her corresponding concession
to the North. These were the four compromise measures of 1850, the result
of a discussion lasting nearly a year, engendering great bitterness on
both sides, and failing to satisfy either.
8. The attempt to enforce the Fugitive Slave Law proved ineffectual, in
the end; the rooted aversion of the Northern people to Slavery, kept
in abeyance before by less offensive compromises, being fully aroused.
This produced in the Southern people a bitter indignation as showing a
disposition to rebel against a constitutional provision in their favor.
They procured, in 1854, the repeal of the Missouri Compromise in the
famous “Kansas and Nebraska Bill,” and sought to introduce Slavery into
Kansas. A civil war in that Territory followed, which resulted in
the triumph of the Northern party. The extinction of Slavery was now
apparently but a question of time, the hostility to it in the North
becoming so out-spoken and averse to Compromises acceptable to the South,
that they began to look forward to separation, which they endeavored to
accomplish from 1860-5. A civil war, such as only Americans could wage,
was carried on during these years. The resolution, bravery, and military
talents of either side were never excelled; but the resources of the
North seemed inexhaustible. Her numbers, activity, and the inventive
genius of her skilled artisans gave her an immense superiority. This
war is a cause at once of pride and grief to every true American. In
the contest Slavery, the cause of it, disappeared, the Constitution was
amended, and the necessity of Compromises on this question forever ceased.
CHAPTER XVII.
TREASON.
1. This is an offense aiming at the existence of the government; and
in all other governments it has ever been customary to punish it with
extreme severity. Many things are considered to be of the nature
of treason, and, as such, severely punished in most countries. The
Constitution defines treason to be “levying war against the United
States, or adhering to their enemies, giving them aid and comfort;”
so that the highest or capital crime alone may be pursued with its
penalties. This is another evidence of the extreme moderation of the
founders of the government, which we have had occasion to notice so often
in our examination.
2. An act of Congress passed April 30th, 1790, defines it in the same
sense and orders that the convicted offender shall be hung.
By another act passed 17th July, 1862, it was made discretionary with the
court trying the case to put the offender to death, or to imprison him
for not less than five years, and to fine him for a sum not less than ten
thousand dollars. The penalty for this crime, even in its mildest form,
is very severe; thus showing how atrocious this offense is considered.
3. None but a person owing allegiance to the United States can commit
treason against them. The same acts which would be treason in a citizen
would not be treason if perpetrated by a foreigner.
“Misprision of treason” is the concealment of it by a person who knows it
has been committed. This also is a grave offense, and is punishable by a
seven years’ imprisonment, and a fine not exceeding one thousand dollars.
4. Any person tried for treason, must be indicted by a grand jury, and
tried by a petit jury in the Circuit Court of the United States within
three years after the crime has been committed; otherwise it is barred by
limitation—or, in other words, outlawed.
CHAPTER XVIII.
POLITICAL GEOGRAPHY OF THE UNITED STATES.
1. Geography proper describes the general character of a country, as its
rivers, bays, gulfs, plains, mountains and natural divisions. Leaving
this to other works we confine ourselves to those divisions made by the
government for convenience in administering its affairs.
Formerly there was a separation into North and South, by “Mason and
Dixon’s Line,” between which there existed a marked difference of
governmental, social, and industrial policy. The States south of that
line might hold slaves, while in those north of it that institution was
illegal. That difference was abolished by the thirteenth amendment to the
Constitution, as a result of the Civil War. The next largest—and these
exist now—are those made by the
CIRCUIT COURTS.
2. These often comprise several States and are changed, by act of
Congress, when the convenience of the Associate Judges of the Supreme
Court, who preside over them requires it. The next largest political
divisions are
THE STATES.
3. These exercise sovereign powers in all matters where control has not
been expressly delegated by the Constitution to the National Congress.
The other political boundaries are ever liable to change, to meet the
requirements of changing circumstances. These are definitely fixed, any
change being very rare and unlikely after they are duly organized and
admitted into the Union as States. Each of the original thirteen colonies
became States, with the boundaries they had as colonies at the time of
the Revolutionary War. The others received such boundaries as suited
the convenience and wishes of the people when they were admitted. Their
object is to prevent the centralization of too much power in the general
government, and to render legislation on local affairs and interests
more convenient, and more satisfactory to the people of each State. The
State having the least number of inhabitants numbers between 40,000 and
50,000; the one having the largest number contains between 4,000,000 and
5,000,000. The number of the States determines the number of Senators in
Congress, two being allotted to each; so that a State may be considered
as a Senatorial District.
DISTRICT COURTS
4. Produce another class of political divisions. These attend to legal
differences involving the laws of the general government, but of a
secondary class. They are more numerous than the Circuit Courts. In some
States there is but one, and some have several, according to size and
population.
COLLECTION DISTRICTS.
5. Another class of districts has been formed, for the purpose of
collecting the duties on imported goods. These are called “collection
districts.” They extend along, and embrace the whole sea coast and the
shores of navigable lakes and rivers. In a few instances they are located
inland, at points where goods may be brought into the United States
by land. Each collection district has a port of entry, and very often
several ports of delivery; also a collector of customs, and generally a
custom house.
6. Another class of collection districts was formed during the late civil
war. They grew out of the war, and were established for the collection
of the tax termed the “internal revenue,” which had to be levied to pay
the war expenses. These districts differ entirely, both in their objects
and in the territory embraced within them, from those established for
the purpose of collecting duties on imports, and correspond as far as
practicable with the Congressional districts in each State.
LAND DISTRICTS.
7. Land districts may also be noticed among these divisions. In every
State and Territory where there are public lands for sale, after they are
surveyed and mapped, they are divided into districts—two, three or four,
in each State and Territory—as convenience and economy may dictate. In
each district a land office is established for the sale of the lands in
said district.
LIGHT HOUSE DISTRICTS.
8. Again, the whole of our sea coasts, both on the Atlantic and Pacific
oceans, together with the shores of the navigable lakes and rivers, are
divided into twelve light house districts (or their number must not
exceed that,) for the purpose of building, repairing, illuminating and
superintending the light houses on all the coasts and shores wherever
located. These are the principal divisions we have to notice. It is
important to have a knowledge of them, for with such knowledge we can
better understand how government affairs are conducted.
CHAPTER XIX.
CHRONOLOGY OF THE U. S. FROM 1783 TO 1812.
1783.
Washington’s army had lain in camp at Newburg, N. Y., since the surrender
of Cornwallis. The Preliminary treaty of peace was signed Jan. 20th, at
Paris; but it was not officially announced in the camp at Newburg, until
April 19th; just eight years from the Battle of Lexington that commenced
it!
July—Congress prepared to disband the army, and Washington
to resign his commission as Commander-in-Chief.
” 21—The great difficulty Congress had to contend with was
raising money to pay the troops. Congress had no authority,
under the Confederation, to lay taxes or impose duties. It
exhausted its own credit in the issue of paper money which
soon became of little value. It made some foreign loans, and
persuaded the States, which alone could lay taxes, to raise a
small sum. But this did not suffice to pay the army at last.
There was much suffering and discontent.
On this day a body of soldiers, in large part new recruits,
who had comparatively little to complain of, without
muskets, but wearing side arms, beset the doors of Congress
in Philadelphia, for three hours. No violence was offered.
Congress adjourned to Princeton, N. J.
Sept. 3—The final and definite Treaty of Peace between
England, France, and the United States, in which the
independence of the latter was acknowledged, its boundaries
defined, and various matters of interest arranged to the
profit of the United States, was signed at Paris.
Nov. 2—A proclamation is issued by Congress for disbanding
the army.
” 25—The British troops evacuate New York, and it is occupied
by American troops under Gen. Knox.
Dec. 4—Long Island and Staten Island abandoned by the
British. Washington takes leave of his officers, at New York.
” 25—He resigns his commission to Congress, in a public
audience, given him at Annapolis, Md., where Congress was
then sitting, and goes home to Mt. Vernon.
Cæsar Rodney, a signer of the Declaration of Independence,
died this year.
1784.
The want of public credit was very much felt. There was no authority
sufficient to raise money to meet the interest, even, on the debt; and
this produced great distress.
Nov. 1—The Continental Congress meets at Trenton, N. J.
Richard Henry Lee, of Va., is chosen President.
Oct. 4—A treaty with the Six Nations, who had sided with the
British during the war, was made at Ft. Schuyler (formerly
Ft. Stanwix—now Utica, N. Y.).
Commerce begins to revive. Reciprocity treaties were made,
and trade with eastern Asia commenced this year by a voyage
to China, from New York.
1785.
Jan.—Congress adjourns to New York, where it continued to
hold its sessions for some years.
Mar. 10—Thomas Jefferson appointed to fill the place of
Franklin, as Minister to France; Franklin wishes to return
home. He had been there nine years.
July—Commercial treaties negotiated with Prussia, Denmark,
Portugal, and Tuscany.
The treaty with Prussia stipulated that, in case of war
between that country and the United States, there should be
no privateering.
” 13—Stephen Hopkins, of R. I., a signer of the Declaration
of Independence, died.
” 28—Wm. Whipple, of N. H., a signer of the Declaration of
Independence, died.
” ”—Treaties made with the Cherokees, Choctaws, and
Chickasaws.
1786.
Financial troubles were now approaching a crisis. In 1784-5 the
importations from England had amounted to $30,000,000. The exportations
to only $9,000,000. Paper money was depreciated so much as to be of
little value. Debt oppressed government and people; want of vigorous
authority was everywhere felt; and many disorders in Tennessee, Kentucky
and elsewhere, begin to threaten the internal peace of the country.
June 19—Gen. Nathaniel Greene, an able commander in the
Revolutionary armies, died. He manouvered against Cornwallis
in North and South Carolina with great ability.
Dec. 5—Shay’s Rebellion broke out in Mass. That State wished
to raise money to aid Congress in paying the interest on
the federal debt. The people felt unable to pay it. They
mobbed the courts but were dispersed by troops under Gen.
Lincoln. Three were killed and one wounded, in an attack
the insurgents made on an arsenal. There was little other
fighting. Fourteen persons were tried and condemned to death
but afterwards pardoned.
1787.
These and other events convinced the people that an important change in
the government was necessary. It became clear that a vigorous central
authority, alone, could answer the purpose. The States were nearly
independent of each other; but this produced conflicts and want of
harmony, which nearly ruined them all.
A congress of deputies to consider commercial questions, called by Va.
had, in Sept., 1786, recommended a convention to revise the Articles of
Confederation.
Feb. 2—The Continental Congress assembled, electing Gen. St.
Clair, President.
” 12—Congress approves the call for a Constitutional
Convention.
May 25—The convention assembled in Philadelphia, and elected
Gen. Geo. Washington, President.
July 11—The Continental Congress organize the Northwest
Territory—north of the Ohio river. Preparations were
immediately made for settling it.
Sept. 28—The Constitution, as signed by the members of the
convention, laid before Congress, which sends it to the State
Legislatures for approval.
Arthur Middleton of S. C., and Thomas Stone of Md., signers
of the Declaration of Independence, died, Jan. 1st and Oct.
5th, respectively.
Dec. 7—Delaware ratifies the Constitution.
” 12—Pennsylvania accepts the Constitution.
1788.
July 4—The anniversary of Independence is kept with great
display, in Philadelphia, in special honor of the adoption of
the new Constitution.
By the close of July nine more States had ratified the
Constitution, and it went into operation.
Sept. 13—Congress selects the first Wednesday of Jan. (1789)
for the appointment of Presidential electors; the first
Wednesday in February for their appointment of President
and Vice-President; and March 4th (the first Wednesday that
month) for the new government to go into operation.
1789.
Jan. 4—Thomas Nelson, of Va., signer of the Declaration of
Independence, died.
Feb. 13—Ethan Allen, of Revolutionary fame, died.
April 30—Washington inaugurated as first President.
May 12—A Tariff Bill for raising a revenue reported in
Congress. This became a law, and went into effect Aug. 1st,
1789.
” 20—The Department of Foreign Affairs (afterwards called
State Department,) organized.
The Treasury Department is next established, followed by the
War Department, to which the Navy was joined for the present.
The Judiciary was then constituted. Salaries, and the rules
for parliamentary procedure were determined. The Postmaster
general had long been an officer of the government, and
required less change than most of the others. This made a
very busy session. Congress also passed a resolution to add
ten amendments to the Constitution—which were submitted to
the States and afterward ratified. Congress adjourned the
last of September.
The democratic tone of the government, and the spirit applied
to the interpretation of the Constitution by the first
Congress, has generally prevailed ever since. That tone and
spirit were truly republican.
Nov. 8—The President made a tour through New England.
” 13—North Carolina ratified the Constitution.
Many Indian treaties were made this year.
1790.
Jan. 8—Congress reassembled. This session was scarcely
inferior in interest and importance to the first from the
variety of new questions required to be settled, and the more
perfect development given to former ones.
Feb. 8—Provision was made for payment of the foreign debt.
Mar. 1—An act ordering a census to be taken was passed.
” 24—A naturalization law was originated.
Apr. 15—A patent law was constructed.
” 30—Treason was defined and the penalty determined on.
May 29—The Constitution ratified by Rhode Island; making up
the whole number of thirteen States.
” 31—“An act to encourage learning” secured copyrights to
authors.
July 16—Three very exciting debates that had occupied much of
the time of Congress, had a bearing on the location of the
National Capital, which was this day permanently settled.
The President was authorized to determine the site on the
Potomac, and have the buildings erected so as to be ready
for occupation in 1800. Agreeably to this act Maryland and
Virginia ceded the District of Columbia to the United States.
Gen. Putnam, a brave Revolutionary soldier, Benjamin
Franklin, of Pa., Wm. Hooper, of N. C., and Francis
Hopkinson, of N. J., all except Putnam signers of the
Declaration of Independence, died this year.
The Territory South of the Ohio was organized this year.
The financial system of the country was established, the
slavery question debated and settled in accordance with
the compromise of the Constitution, and the State debts
transferred to the United States.
Aug. 12—Congress adjourned to meet next in Philadelphia and
thereafter until 1800.
” 13—A treaty with the Creek Indians solemnly ratified by
Washington.
Dec. 6—The Third Session of Congress commenced. The President
congratulates Congress on the improvement of the finances,
and the prosperity of the country.
1791.
Feb.—The United States Bank established. It was to have a
capital of $10,000,000—its charter to run twenty years.
” 4—Kentucky voted admission into the Union in the next year
(Jan. 1st, 1792).
” 18—Vermont having (Jan. 20th) ratified the Constitution
and asked admission into the Union, it is granted this day.
The immediate prosperity that followed the adoption of the
Constitution of 1787, the strength, vigor, and moderation
seen to be combined in its arrangement of the government, led
most of the States to remodel their State Constitutions on
it, in a short time.
July—The subscription to the stock of the National Bank is
all taken in a few hours after the books are opened.
Aug.—Great Britain first sends a minister to the United
States Government.
Sep. 17—An expedition of 2,000 troops, under Gen. St. Clair,
starts from Ft. Washington against the Indians in the
Northwest Territory.
Nov. 4—Gen. St. Clair is surprised and defeated by the
Indians. There were 600 killed—the whole loss amounted to
upward of 900. Several other smaller expeditions had been
sent against the Indians in the course of the year. One, Gen.
Harmer’s, had been defeated. Internal taxes on spirits were
first commenced this year. Benj. Harrison, of Va., a signer
of the Declaration of Independence, died this year. A voyage
around the world, by way of Oregon, China, and the Cape of
Good Hope, had opened wide fields to commerce. The first
census was now completed. The Second Congress, assembled at
Philadelphia, Oct. 24, was occupied in arranging the new
ratio of Representatives. It was a very difficult matter to
settle from the sectional struggles that entered into the
question.
1792.
Feb. 16—A bounty for fishing vessels provided.
” 20—The Post Office Department reorganized.
Apr. 2—The establishment and regulations of the U. S. Mint
are embodied in a law.
” 14—Act apportioning Representatives passed. This gave the
next House of Representatives in Congress 105 members.
May 8—Laws organizing the Militia are passed.
Dec. 8—Henry Laurens, first President of the Continental
Congress, died. The second presidential election this
year resulted in the re-election of Washington and
Adams. Washington received all the electoral votes—the
anti-federalists opposing only Mr. Adams, whose electoral
vote was 77, the candidate of the opposition receiving 50.
Much seditious opposition was made in North Carolina and
Pennsylvania to the excise law,—the tax on spirits. The
President issued a proclamation against them, Sept. 29th.
1793.
Jan. 24—The proclamation of the French Republic is greeted
in Boston with a celebration in its honor. The close and
friendly relations of the United States with France, arising
from their aid to us in the Revolutionary War, led the French
minister, Genet, to a course of conduct inconsistent with
the existence of our friendly relations with England. The
U. S. Government decided to proclaim neutrality—the people
sympathized strongly with France. Washington and his cabinet
pursued a strict neutral course, in which the people finally
acquiesced, and Genet’s recall was solicited and obtained.
Feb. 12—A Fugitive Slave law passed.
July 23—Roger Sherman, signer of the Declaration of
Independence, died.
Oct. 8—John Hancock, of Mass., the first signer of the
Declaration of Independence, died. This year laid the
foundation of the policy of neutrality or non-interference
with the European wars, that became the settled policy of the
United States.
The year was also distinguished by the violence of party
feeling.
Dec. 2—Congress assembles at Philadelphia.
” 31—Jefferson resigns his seat in the Cabinet. He was
Secretary of State.
1794.
Mar. 11—An act is passed for building four ships of war,
which laid the foundation of our present navy.
Some hostile English “Orders in Council” led to arrangements
for fortifying the harbors of the country.
” 22—The Slave trade is regulated by law, no American
vessel being allowed to supply slaves to another nation.
The importation of slaves into this country had been
allowed until the year 1808, by Art. 1st, Sec. 9th, of the
Constitution.
” 26—As a retaliation on the British “Orders in Council” for
seizing all goods going to France in American vessels, an
embargo was laid on all shipping which was continued 60 days.
This stopped all commerce for the present.
June 5—A law relating to neutrality passed in Congress.
” 19—Richard Henry Lee, of Va., died; Abraham Clark, of N.
J., and John Witherspoon, of N. J., later, all signers of the
Declaration of Independence, died.
July 16—An insurrection breaks out against the excise law in
western Pennsylvania, by an armed attack on the officers of
the law. An army of 15,000 men was raised and marched into
that region, the appearance of which immediately restored
order.
Aug. 20—Gen. Wayne inflicts a thorough chastisement on the
Indians of Ohio, on the Maumee river.
Nov. 4—Congress again assembles.
” 28—Baron Steuben, a German, who had done us great service
as an officer in the Revolutionary war, died, aged 61.
1795.
This year a commercial treaty was negotiated with England, which was the
cause of violent demonstrations of the two parties. Only the firmness and
moderation of Washington and his supporters saved the country from war
with that power.
Jan. 23—Gen. Sullivan died. He had been an able Maj. Gen. in
the Revolutionary war.
” 29—A more stringent naturalization law passes.
May 19—Josiah Bartlett, of N. H., signer of the Declaration
of Independence, died.
Aug. 3—A Treaty with the Northwestern Indians concluded,
which closed the Indian war.
Sept 5—A treaty is concluded with Algiers, which closed a war
with those pirates, whose attacks had been so disastrous to
our commerce.
Oct 20—A treaty of boundaries, and which opened the
Mississippi to navigation, is concluded with Spain.
Dec. 7—The fourth Congress meets.
1796.
March 24—The U. S. House of Representatives require the
President to send them the papers relating to the British
treaty. The President declines, denying that they form part
of the treaty making power.
April 30—The exciting struggle on the British treaty is
closed, by a provision made by the House of Representatives
for carrying it into effect.
June 1—An act is passed admitting Tennessee into the Union.
” 29—A new treaty is made with the Creek Indians, and the
Southern, as well as the Northern Indians, are pacified.
Sept. 19—Washington’s Farewell address is issued, to let
the people know that he would not accept office again. A
presidential election was held this autumn, in which John
Adams was elected President. Serious difficulties began to
rise with France, which took great offense at the treaty with
Great Britain.
1797.
Feb. 3—Mr. Pinckney, American Minister to France, was refused
a reception, by the French government, and obliged this day
to leave the country. Much violence was done about this time,
to American commerce, by the French.
Mar. 4—John Adams is inaugurated President of the United
States.
” 25—A special session of Congress is called to consider the
threatening posture of our relations with France.
June 14—Congress imposed a fine of $10,000 and ten
years imprisonment on any American who should engage in
privateering, in any way, against a nation with whom we were
at peace.
July 3—The President transmits to Congress information of
Spanish troubles on the southern and western frontier. These
were afterwards discovered to have aimed at detaching the
Mississippi and Ohio valleys from the United States, and
erecting them into an independent power, in close alliance
with Spain.
Two new envoys are sent to France. These envoys spent many
months in Paris, treated with insolence and neglect.
In this year Francis L. Lee, of Va., Carter Braxton, of Va.,
and Oliver Wolcott, of Conn., signers of the Declaration of
Independence, died.
1798.
The French government continues to labor to draw the United States into
a war with them against England. Two of the three Commissioners are
required to leave France.
April 3—The Mississippi Territory organized.
” 14—The navy is taken from the control of the Secretary of
War, and a Navy Department with a Secretary, organized.
June 12—All commercial intercourse with France suspended.
In anticipation of war the naturalization law is amended;
an “Alien Act” passed; and the navy and army largely
strengthened.
” 21—The President announces the failure of the Commissioners
sent to France, to make peace.
July 8—A limited naval warfare with France is authorized, and
several U. S. vessels of war go to sea.
” 16—An additional naval armament provided for.
” 17—Washington accepts the appointment of Commander-in-Chief
of the Army, which is being raised in expectation of war.
”—About this time some 365 armed vessels had been
commissioned by the U. S. government, besides the regular
navy, to make war on the armed vessels of France. This
armament was, however chiefly used for defense.
Lewis Morris, of N. Y., James Wilson, of Pa., and Geo. Read,
of Del., signers of the Declaration of Independence, died
this year.
1799.
At the commencement of this year Congress provided for the raising of am
army of 40,000 men.
Feb. 18—By invitation of the French government, the President
nominates another embassy to France.
Feb. 7—The French frigate l’Insurgente captured in the West
Indies by the U. S. frigate Constellation.
April—The Legislature of New York abolishes Slavery in that
State.
Dec. 14—Gen. Washington’s death, in the 68th year of his age.
Wm. Paca, of Md., a signer of the Declaration of
Independence, died this year.
A change in the government of France, and the vigorous action
of the U. S. government in arming for war, induced the
French to retreat from their unfriendly position and offer
to arrange the difference. The refusal of our government to
entangle themselves with European politics became a settled
principle, of great value to us; though it was strongly
opposed by the Anti-Federalists.
1800.
Jan. 23—Edward Rutledge, of S. C., signer of Dec. of Ind.
died.
Feb. 1—The U. S. frigate Constellation beats without
capturing the French frigate La Vengeance.
April 4—General bankruptcy law passed by Congress.
May 7—The Territory of Indiana organized by act of Congress.
” 10—An act authorizing the election of a Territorial
Assembly in the Territory of Mississippi, organized some
years before, was passed.
July—The government is moved to the new capital at Washington.
Oct. 1—The envoys to France arrange a convention, or
temporary treaty, which prevents the formal outbreak of war,
though it had long continued to be waged on the sea. More
than 50 vessels had been captured from the French this year.
The gratitude of Americans to France for her aid, formerly,
made a large part of the people very unwilling to declare
war; but her arrogant demands and war on our commerce had the
good effect to separate the country from all close alliances
in Europe.
Nov.—The fourth presidential election resulted in the
defeat of the Federalist party, by the election of Thomas
Jefferson as President. Its opponent, the anti-federalist,
or Republican party, feared a strong central government; yet
when they came into power they adopted the same policy. Any
other policy would have ruined the country.
1801.
Feb. 16—The Convention with France, to remain in force eight
years, ratified.
Mar. 3—The Sixth Congress terminates, and with it the
administration of President Adams.
” 4—Jefferson inaugurated President. The trial of the
Constitution was now past. It was permanently settled in the
respect of the people, and had made the country respected
by other nations. The “Sedition Laws” passed in July,
1798, became inoperative at this time, by the provision
accompanying them. They had been framed for the suppression
of dangerous political intrigues in time of war. Party spirit
was exceedingly bitter at this time, and these laws produced
much excitement, but contributed to the safety of the
government.
June 10—The Basha of Tripoli declares war on the United
States.
” 14—Benedict Arnold died in London.
Aug. 6—The U. S. vessel of war Experiment, captures a
Tripolitan vessel in the Mediterranean sea.
Dec. 7—The Seventh Congress assembles. The reaction, at this
time, in public sentiment, produced by the French Revolution,
the excesses of which resulted in a military despotism under
Napoleon Bonaparte, infused a spirit of moderation and
caution into the politics of the United States under the new
party now in power, that was highly beneficial. Extreme views
were checked, and no serious change was made in the general
policy of the country.
1802.
Jan. 4—The reapportionment of Representatives in Congress
by the census of 1800, was made. No change in the number of
inhabitants to one Representative (one to every 33,000) was
introduced. The foundation of a Military Academy at West
Point, N. Y., was laid at this time.
April 14—The Naturalization Laws, made very stringent in the
last administration to correspond with a state of war, were
liberalized.
April 30—An act authorizing the formation of a State
Constitution in Ohio, preparatory to its admission into the
Union, is passed.
May 3—Washington, D. C., incorporated as a city.
Oct. 16—Commerce on the Mississippi by American citizens,
suspended by the Spanish authorities at New Orleans.