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Since meridians all terminate at the poles, the lines between ranges, being meridians, gradually approach each other as they go northward. The lines, then, soon become so much less than six miles apart that a new beginning has to be made. The parallel upon which this correction is made is naturally called the correction line. Corrections were at first made every thirty-six miles, but they are now made every twenty-four miles.
The first prime meridian starts at the mouth of the Great Miami and forms the western boundary of Ohio. The second prime meridian begins at the mouth of Little Blue Creek, in Indiana. The third, at the mouth of the Ohio; the fourth at the mouth of the Illinois; and the fifth at the mouth of the Arkansas. The first prime meridian has several base-lines. The base-line of the second meridian crosses it about twenty-four miles north of its point of beginning, and the base-line of the third is a continuation of that of the second. The principal base-line of the fourth meridian coincides with the southern boundary of Wisconsin. It has also a short base-line about six miles north of Quincy, Ills. The base-line of the fifth meridian is just south of Little Rock, Ark.
From the first meridian most of Ohio is surveyed; from the second, Indiana and the eastern twenty-four miles of Illinois; from the third, the rest of Illinois, except a small portion north of Quincy; from the fourth, the portion of Illinois just referred to, all of Wisconsin, and that part of Minnesota east of the Mississippi; from the fifth, Arkansas, Missouri, Iowa, Minnesota west of the Mississippi, and the Dakotas east of the Missouri.
The sixth coincides with meridian 97 deg. 22', west of Greenwich. From it are surveyed Kansas, Nebraska, Dakota south and west of the Missouri, Wyoming, and all of Colorado except the valley of the Rio Grande del Norte.
Michigan, Florida, Alabama, Mississippi, and the states and territories in the far west are surveyed from special meridians.
HOW TO SECURE PUBLIC LANDS.
As a general rule, only surveyed lands are subject to entry. Under the mineral land laws, however, claims can be located upon unsurveyed lands.
The public lands are divided as to price into two classes: those whose minimum price is $1.25 per acre and those whose minimum is $2.50 per acre. The latter, usually called "double minimum lands," are in most cases the alternate sections reserved in railroad or other public land grants. In some cases Indian reservations restored to the public domain have been rated differently, the price varying from below the single minimum to above the double minimum.
The remaining public lands are subject to entry under the homestead law, the desert land law, and the timber and stone act; by the location of scrip; and as town-site entries. Mineral lands are subject to entry only under the mining laws; and special laws provide for the disposal of coal lands and lands containing petroleum. Any person who is the head of a family or is over twenty-one years old, and who is a citizen of the United States, or has declared his or her intention to become such, may enter 160 acres of land without cost, except the land-office fees provided by law, inhabiting, cultivating, and making actual residence thereon for the period of five years; or such a settler may at the expiration of fourteen months from date of settlement commute the entry by paying the government price for the land.
No part of the public domain is now (since 1889) subject to private cash entry, except in the state of Missouri and in cases where Congress has made special provision therefor. The preemption and timber culture laws were repealed in 1891. It has also been provided that no public lands of the United States shall be sold by public sale, except abandoned military reservations of less than 5,000 acres, mineral lands and other lands of a special nature, and isolated tracts that have been subject to homestead entry for three years after the surrounding land has been disposed of.
HOW SLAVERY WAS ABOLISHED IN THE SEVERAL STATES.
The slave trade was prohibited by congress in 1808. From that time on it was a felony to bring slaves into the United States.
Slavery never legally existed in the states carved out of the Northwest Territory. It was forbidden by the ordinance of 1787.
Vermont abolished it in forming her state constitution in 1777. [Footnote: Before her admission into the Union.]
Massachusetts, by constitution, 1780.
Pennsylvania, gradual abolition by statute, began in 1780; had 64 in 1840.
New Hampshire, by constitution, 1783.
Rhode Island and Connecticut, gradual abolition, 1784.
New York began in 1799, finished July 4, 1827.
New Jersey began in 1804, but had 18 in 1860.
By the Missouri compromise, 1820, slavery ceased "in all that territory ceded by France to the United States, under the name of Louisiana, which lies north of 36 degrees and 30 minutes north latitude," [Footnote: Thomas amendment to act for admitting Missouri.] except Missouri. This part of the act was, in the Dred Scott case, declared by the supreme court to be invalid, still a provision forbidding slavery found its way into the constitution of each of the states afterward seeking admission.
By the emancipation proclamation, Jan. 1, 1863, the slaves of those in arms against the United States were declared free.
The thirteenth amendment, adopted 1865, abolished slavery in all parts of the United States.
HOW VOTING IS DONE IN LEGISLATIVE BODIES. [Footnote: See also Among the Lawmakers, pp. 168-70.]
Acclamation.—The most common way of voting on ordinary questions is by acclamation; that is, when a question is put those in favor of it say "aye," and then those opposed say "no." In this case, a majority of those voting prevails. This is sometimes called voting viva voce.
Division.—If the presiding officer is uncertain as to which side is in the majority, he may call for a division, or this may be demanded by any member. Then those voting in the affirmative stand and are counted, after which those voting in the negative do similarly.
Yea and Nay.—On important questions in congress, or on any question by demand of one-fifth of the members, the vote is by "yeas and nays" that is, the roll is called, and each member responds "yea" or "nay." In some states, including Minnesota, all bills must be voted on in this way, and must receive a majority of the total membership in order to pass.
HOW LAWS ARE MADE. [Footnote: The Minnesota process, given as a type.]
Framing a Bill.—A bill is a proposed law. The framing or drawing up of a bill may be done by any person. For instance, a citizen desiring legislation on any matter may formulate a bill for consideration by the legislature. But many requests for legislation come in the form of petitions, in which case the member to whom the matter is committed by the petitioners usually frames the bill. Many bills originate in committee, some of them as substitutes.
Bringing in.—At the time set in the daily order of business for introducing bills, the member announces his bill by title, which should indicate the matter considered therein, and sends it to the clerk's desk.
First Reading.—No bill can pass without at least three readings. When a bill is first presented, the clerk reads it at the table, and hands it to the speaker, who, rising, states to the house the title of the bill, and that this is the first reading of it.
Commitment.—Unless objection is made, the bill, if not one which has been formulated by a committee, is then referred for careful consideration to a committee, standing or special. The number of subjects coming before a legislative body is too great to permit the initial consideration of each by the whole body. It is a note-worthy fact that our lawmaking is virtually committee legislation. All bills for appropriating money shall before passage be referred to the finance committee.
Second Reading.—When reported favorably by the committee, with amendments, such amendments must be read in full, and if they are adopted the bill passes to its second reading, which is by title only. If the bill is of a general nature, it is printed and placed on the General Orders or list of bills ready for consideration by the committee of the whole.
Committee of the Whole.-This consists of the entire membership of the house. Its work is to perfect bills before they come up for final passage. To this end great freedom of debate is permitted. This is the last opportunity to offer amendments, except by unanimous consent. When the house resolves itself into committee, the regular presiding officer leaves the chair after designating a member to act as chairman. When the committee rises, the presiding officer resumes the chair and the chairman of the committee reports its action. Bills reported favorably are engrossed, that is, rewritten neatly as amended, and are placed on the Calendar, or list of bills ready for third reading.
Third Reading.—This is in full, and the question is on the passage of the bill. If passed the bill is sent to the other house, with the announcement that it has passed the first house.
Action in other House.—The bill is treated in the other house as in the first. If passed, it is returned similarly to the house in which it originated. If passed with amendments, these are considered. ENROLLMENT.— When it has passed both houses, the bill is plainly and accurately written on parchment, under supervision of the committee on enrolled bills.
SIGNING.—The enrolled bill is signed by the presiding officer of each house, and, if he approves it, by the executive.
DISPOSITION.—The bill is then carried by the executive to the secretary of state, who deposits it among the archives. Copies are made for publication. [Footnote: Read Among the Lawmakers, pp. 60-64.]
APPENDIX D.—SOME PRINCIPLES OF INTERNATIONAL LAW.
Nature and Origin.—A savage meeting in the forest a person whom he has never seen before is apt to look upon him as a foe. As civilization increases, danger to one's personal rights decreases, and stranger ceases to mean enemy. It has gradually come about that the confidence and courtesy shown to one another by men in their individual relations have extended to the relations of states. Morality, reason, and custom have established among the nations certain rules of conduct with respect to one another. The rules constitute what is called international law.
As might be guessed, international law is a matter of comparatively recent origin, and exists only among the most highly civilized nations. Not being the enactment of any general legislative body, having no courts competent to pass upon it nor executive to enforce its provisions, this law must be framed by agreement, and its carrying out must rest upon national good faith.
PEACE RELATIONS.
The great purpose of international law being to preserve peace by removing the causes of war, we shall first consider some of the arrangements operative in times of peace.
Non-interference.—Among individuals it is found that, as a rule, it is best for each person to mind his own business. Similarly, among nations non-interference by one with the internal affairs of another is a cardinal principle. It is, therefore, a general rule that a people may adopt such form of government as they choose, and that whenever they wish they may amend or entirely alter it. [Footnote: A change in the form of government does not release the nation from prior obligations.] And the government formed has a right to operate without dictation from other powers. Nor has any foreign nation a right to inquire how the government has come into being; sufficient that it is the government.
This right of a nation to manage its own affairs is called sovereignty. It belongs to a small independent nation as completely as to a large one. The act of one government in acknowledging the validity and sovereignty of another is called recognizing it. (See page 349, last paragraph.)
It is sometimes a delicate question to determine whether to recognize a community as a nation or not. Thus, if a dependency is seeking to become independent, our personal sympathies are naturally with it, and yet it might be contrary to the law of nations, an "unfriendly act" to the sovereign power, for our government to recognize its independence. During the struggle of the Spanish-American colonies for separate political existence, John Quincy Adams, then (1822) secretary of state, formulated the proper rule of action thus: "In every question relating to the independence of a nation two principles are involved, one of right and the other of fact, the former exclusively depending upon the determination of the nation itself, and the latter resulting from the successful execution of that determination ... The government of the United States yielded to an obligation of duty of the highest order by recognizing as independent states nations which, after deliberately asserting their right to that character, have maintained and established it against all the resistance which had been or could be brought to oppose it. This recognition is ... the mere acknowledgment of existing facts." [Footnote: Wharton's International Law Digest, Volume I., page 162.]
Although sovereignty implies the right of a government to enter freely into such relations with any other nation as may be mutually agreeable, the nations of Europe feel at liberty in self-defense to interfere with any arrangements that threaten the "balance of power." Thus France would feel justified in opposing a very close alliance between Prussia and Spain.
It is our good fortune not to have any dangerous neighbors. We are reasonably sure of peace so long as we act in accordance with the counsel of Washington, "Friendly relations with all, entangling alliances with none."
Jurisdiction.—It is clear that the authority of a nation properly extends over the land within its borders and over its inland waters. It is equally clear that no nation should have exclusive jurisdiction over the ocean. It is generally understood that a nation's authority extends out into the sea a marine league from shore. But difficulty is encountered in determining a rule of jurisdiction over bays, straits, wide-mouthed rivers and other coast-waters. Shall the United States of right freely navigate the St. Lawrence to its mouth, and the British the Yukon? Should Denmark receive tribute of ships passing through the sounds to the Baltic, and may Turkey prohibit foreign war vessels from passing through the Bosphorus? Is the mouth of the Amazon part of the "high seas?" Is Hudson's Bay? Is Delaware Bay? The difficulty is to formulate a rule that shall not unnecessarily abridge commercial freedom but shall still have due regard to national defense. The question at large is not settled yet, but it seems to be agreed that in the cases of bays not more than ten miles wide at the mouth, the marine league shall be measured from a straight line joining the headlands.
"The United States cannot purchase a grant of land in, or concession of right of way over, the territories of another nation, as could an individual or a private corporation."
Intercourse.—While as an act of sovereignty a nation may shut out from its borders any or all of the rest of mankind, intercourse is so natural and is usually so mutually profitable that such prohibition is almost unknown among civilized nations. Intercourse is regulated in different nations in various ways. Some limit or control it by a passport system; some by special supervision of strangers; some by a protective tariff; others by giving to one nation commercial privileges not given to another.
Among the general rules that govern intercourse are these: Aliens are entitled to protection from violence for themselves and their property. They are amenable to the laws of the country in which they are sojourning, except in certain oriental and other partly civilized countries. Aliens may expatriate themselves and may become naturalized in the land of their adoption. "The right of emigration is inalienable; only self-imposed or unfulfilled obligations can restrict it." [Footnote: Heffter, quoted, in Woolsey's International Law.]
The principle that crime should be tried and punished where committed stands in the way of the trial of a culprit who has escaped to another country. But for mutual protection most of the civilized nations have treaties for the extradition of criminals. The United States have extradition treaties with over twenty countries. (See How Criminals Are Extradited, page 337.)
Ambassadors and Consuls.—We have considered briefly the rights and duties of individual sojourners in foreign lands. Let us now consider the modes and means of intercourse between the governments themselves.
Formerly when a nation wished to come to an understanding with another it sent a special messenger clothed with necessary authority to act; but for about two hundred years these representatives have, as a rule, taken up their residence at the capitals of the countries to which they are sent.
There are various grades of these ambassadors. Ours in order of rank are ambassadors, envoys-extraordinary and ministers plenipotentiary, ministers resident, envoys, charges d'affaires, and, temporarily, secretaries of legation.
"Ambassadors [including all of the above] always and everywhere have had special immunities and often something of a sacred character ... Neither public authority nor private persons can use any force, or do any violence to him, without offending against the law of nations." [Footnote: Except that if necessary for self-defense, passive resistance may be made.] This immunity extends to his house, furniture, and attendants. Except in extreme cases, he is exempt from civil or criminal process.
These diplomatic agents are appointees of the executive. Official communications with the president are made through the secretary of state. "In all negotiations between nations, sovereign should always speak to sovereign and minister to minister."
A country may decline to receive any ambassador from a certain nation; and this may be necessary in case of a civil war in which two parties claim to be the legal authorities, because receiving the ambassador of one party would be equivalent to recognizing it as the legitimate authority. And it may, without offense, decline to receive a particular ambassador, on account of some objection to him personally. It may also decline to treat with a minister who has so deported himself as to become distasteful.
When an ambassador arrives at the capitol of the country to which he is sent, he seeks an interview with the secretary in charge of foreign affairs and delivers to him a copy of his credentials. Afterwards on a day appointed for the purpose, the secretary presents him to the executive (sovereign or president), to whom he delivers the original commission.
Ambassadors of all grades are expected to avoid all interference with political movements in the countries where they are stationed.
Consuls are the commercial agents of a country. They are stationed at the principal ports of the world. Their chief functions are:
1. To furnish their government information that may be of service in the commercial relations of the countries.
2. To settle disputes between masters and crews of merchant vessels in the port sailing under the protection of the flag of the consul's country.
3. To reclaim deserters from vessels, and provide for destitute seamen.
4. In some non-Christian lands to act as judge in cases in which a countryman or other person from a Christian state is a party. (See also page 321.)
Treaties.—Treaties are contracts between nations[1], and in international law much resemble ordinary contracts in municipal law. For instance, they can be made only by certain persons—the constituted authorities of nations, or by persons specially deputed by them for that purpose. A treaty cannot obligate to do an unlawful act. There must be consideration —a treaty which sacrifices the interests of one party is not binding upon that party. Treaties obtained by fraud or force are not binding.
[Footnote 1: This from Woolsey's International Law is too good to be omitted: "A contract is one of the highest acts of human free-will; it is the will binding itself in regard to the future, and surrendering its right to change expressed intention, so that it becomes morally and jurally a wrong to act otherwise; it is the act of two parties in which each or one of the two conveys power over himself to the other in consideration of something; done or to be done by the other. The binding force of contracts is to be deduced from the freedom and foresight of man, which would have almost no sphere in society or power of co-operation, unless trust could be excited. Trust lies at the basis of society; society is essential for the development of the individual; the individual could not develop his free forethought unless an acknowledged obligation made him sure in regard to the actions of others. That nations as well as individuals are bound by contract, will not be doubted when we remember that they have the same properties of free will and foresight; that they can have no safe intercourse otherwise."]
Further similarity between municipal and international law is to be seen. The minister appointed to negotiate the treaty is an agent, and his work is subject to the general law of agency. Thus, if he acts within his instructions, his principal (the nation) is bound by what he does, and the treaty-making power is in honor bound to ratify the treaty. From this it will properly be inferred that there is an implied understanding that the sovereign, or other power intrusted with the making of treaties, reserves the right to accept or reject the work of the agent. (See sample treaty, page 360.)
Remedy.—In municipal law, remedy for a wrong is obtained through the courts, if personal influence fails. Among nations there is no general court having jurisdiction. If redress cannot be obtained by remonstrance, arbitration, or other peaceful means, it may be sought through retaliation or finally in war.
WAR RELATIONS.
"International law assumes that there must be wars and fightings among nations, and endeavors to lay down rules by which they shall be brought within the limits of justice and humanity."
Causes.—A nation may wage war to defend any right which as a state it is bound to protect, to redress wrong, or to prevent injury; for instance, to defend its own sovereignty; to protect a citizen in his rights; to obtain satisfaction for insults to its flag, its ambassadors, or its good name; for the violation of treaty rights; to prevent injury, as by checking the onward march of some "conquering hero." War for conquest is not now recognized as legitimate.
Beginning.—"War between independent sovereignties, is and ought to be, an avowed, open way of obtaining justice." Even among the ancients announcements were usually made before war was begun. The Greeks sent a herald to carry the news. "Among the Romans the ceremonies of making known the state of war were very punctilious." But formal declarations of war are now falling into disuse; not from any intention of taking the enemy unawares, but because of the rapidity with which news is now disseminated. Still a state is in honor bound to indicate in some way its changed relation. This is due to the enemy, and just to its own citizens and to neutrals, that they may know how to act. The enemy is usually informed by the peremptory dismissal of its ambassador; the citizens and neutrals by a manifesto of some kind. (See p.354.)
Between whom.—War being an interruption of peaceful relations, commerce between the citizens is at an end—is forbidden. Contracts between them then become either "impossible in their nature" or "unlawful," and therefore void.
The war is not between the individual citizens of the two countries, it is between the governments and is waged by authorized agents—the soldiers and sailors enlisted for the purpose. "The smallest amount of injury consistent with self-defense and the sad necessity of war, is to be inflicted." Passive citizens are not unnecessarily to be molested.
Weapons.—Not "all things are fair in war." Though ingenuity may properly tax itself to produce death-dealing instruments, underhanded means, such as poisoning springs or spreading a plague, are condemned; nor is it now regarded as consistent with right for a civilized nation to employ against another, persons accustomed to an inhuman mode of warfare.
Heralds and Spies.—Heralds bearing flags of truce are inviolable—they must not be molested. Spies, unless in their regimentals, are subject to the death penalty if caught.
Pirates and Privateers.—Pirates, acting under no authority, having no purpose to serve except to enrich themselves at the expense of any one else, are not protected by any nation, and may be put to death by any one capturing them. But privateers, acting as an arm of the government and by its authority, granted by its letters of marque and reprisal, must be treated as prisoners of war.
Prisoners of War.—Prisoners taken in war were formerly the property of their captors, to be used for their pleasure or profit as slaves. Modern usage requires that they be merely detained; that they be fed and sheltered with reasonable comfort, and not treated with any unnecessary harshness. A common practice, worthy of encouragement, is that of exchanging prisoners, thus restoring them to their own side. Sometimes, too, prisoners are released on parole, that is, on their word of honor not to re-enter the army. If a paroled prisoner breaks his word in this respect, upon recapture he is liable to be put to death.
Termination.—Peace comes by treaty. There is usually a preliminary treaty, containing the general statement of conditions to which both parties will consent. When all the details have been arranged, a definitive treaty is concluded. Treaties of peace go into effect as between the parties, when they are signed; as between individuals of the belligerent nations, when they are notified.
RIGHTS AND OBLIGATIONS OF NEUTRALS.
When intercourse between the countries of the world was small, owing to lack of facilities, the rights of neutrals were regarded as unimportant. But intercourse has increased so enormously, that no great war can be waged without interfering with the interests of almost all the rest of the world, and the rights of neutrals are assuming more importance in international law.
The great obligation resting upon neutrals is "to allow nothing to the belligerents which either would object to as being adverse to his interests."
What Neutrals may do.—The common instincts of humanity may be complied with. Thus a ship of war in distress may run into a neutral port. Soldiers running into neutral territory may be disarmed and then protected as non-combatants.
Things Contraband.—It is a breach of neutrality to lend money or furnish troops or munitions of war to a belligerent, or to allow ships of war to be built by citizens of the neutral power within its borders, if it knows (or should know) that they are to be armored and used in the service of one of the belligerents.
Citizens of Neutral States.—Members of a neutral state may lend money to a belligerent or may go into the army or navy of a belligerent without breach of the neutrality of their nation. They may sell goods, except materials of war, to either belligerent, Blockade.—A belligerent may, as a war measure, close the ports of the enemy. This is called a blockade. Two things are necessary to make a blockade valid—due notice must be given, and the blockade must be made effective by placing before the ports armed vessels to prevent the entrance of trading vessels. If the conditions have been complied with, neutrals trade with the port at the risk of losing all captured ships and cargoes.
DECLARATION OF WAR—1812.
An act declaring war between the United Kingdom of Great Britain and Ireland, and the dependencies thereof, and the United States of America and their territories.[Footnote: Drawn by William Pinckney, Attorney General of the United States.]
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That war be, and the same is hereby declared to exist between the United Kingdom of Great Britain and Ireland, and the dependencies thereof, and the United States of America and their territories; and that the President of the United States is hereby authorized to use the whole land and naval force of the United States to carry the same into effect, and to issue to private armed vessels of the United States commissions, or letters of marque and general reprisal, in such form as he shall think proper, and under the seal of the United States, against the vessels, goods, and effects, of the government of the United Kingdom of Great Britain and Ireland and the subjects thereof.
APPENDIX E.—DOCUMENTS.
ACT AUTHORIZING A STATE GOVERNMENT.
[Passed February 26, 1857.]
SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the inhabitants of that portion of the Territory of Minnesota which is embraced within the following limits, to-wit: beginning at the point in the center of the main channel of the Red River of the North, where the boundary line between the United States and the British Possessions crosses the same; thence up the main channel of said river to that of the Bois de Sioux River; thence up the main channel of said river to Lake Traverse; thence up the centre of said lake to the southern extremity thereof; thence in a direct line to the head of Big Stone Lake; thence through its centre to its outlet; thence by a due south line to the north line of the State of Iowa; thence along the northern boundary of said state to the main channel of the Mississippi River; thence up the main channel of said river, and following the boundary line of the State of Wisconsin, until the same intersects the St. Louis River; thence down the said river to and through Lake Superior on the boundary line of Wisconsin and Michigan, until it intersects the dividing line between the United States and the British Possessions; thence up Pigeon River and following said dividing line to the place of beginning, be, and they hereby are authorized to form for themselves a constitution and state government by the name of the State of Minnesota, and to come into the Union on an equal footing with the original states, according to the federal constitution.
SEC. 2. And be it further enacted, That the State of Minnesota shall have concurrent jurisdiction on the Mississippi and all other rivers and waters bordering on the said State of Minnesota, so far as the same shall form a common boundary to said state and any state or states now or hereafter to be formed or bounded by the same; and said river or waters leading into the same shall be common highways, and forever free, as well to the inhabitants of said state as to all other citizens of the United States, without any tax, duty, impost, or toll therefor.
SEC. 3. And be it further enacted, That on the first Monday in June next, the legal voters in each representative district then existing within the limits of the proposed state, are hereby authorized to elect two delegates for each representative to which said district may be entitled according to the apportionment for representatives to the territorial legislature, which election for delegates shall be held and conducted, and the returns made, in all respects in conformity with the laws of said territory regulating the election of representatives; and the delegates so elected shall assemble at the capitol of said territory on the second Monday in July next, and first determine by a vote whether it is the wish of the people of the proposed state to be admitted into the Union at that time; and if so, shall proceed to form a constitution, and take all necessary steps for the establishment of a state government, in conformity with the federal constitution, subject to the approval and ratification of the people of the proposed state.
SEC 4. And be it further enacted, That in the event said convention shall decide in favor of the immediate admission of the proposed state into the Union, it shall be the duty of the United States marshal for said territory to proceed to take a census or enumeration of the inhabitants within the limits of the proposed state, under such rules and regulations as shall be prescribed by the Secretary of the Interior, with a view of ascertaining the number of representatives to which said state may be entitled in the Congress of the United States. And said state shall be entitled to one representative, and such additional representatives as the population of the state shall, according to the census, show it would be entitled to according to the present ratio of representation.
SEC 5. And be it further enacted, That the following propositions be, and the same are hereby offered to the said convention of the people of Minnesota for their free acceptance or rejection, which, if accepted by the convention, shall be obligatory on the United States, and upon the said State of Minnesota, to-wit.
First—That sections numbered sixteen and thirty-six in every township of public lands in said state, and where either of said sections, or any part thereof, has been sold or otherwise disposed of, other lands, equivalent thereto, and as contiguous as may be, shall be granted to said state for the use of schools.
Second—That seventy-two sections of land shall be set apart and reserved for the use and support of a state university, to be selected by the Governor of said state, subject to the approval of the Commissioner of the General Land Office, and to be appropriated and applied in such manner as the legislature of said state may prescribe, for the purpose aforesaid, but for no other purpose.
Third—Ten entire sections of land to be selected by the Governor of said state, in legal sub-divisions, shall be granted to said state for the purpose of completing the public buildings, or for the erection of others at the seat of government, under the direction of the legislature thereof.
Fourth—That all salt springs within said state, not exceeding twelve in number, with six sections of land adjoining or as contiguous as may be to each, shall be granted to said state for its use, and the same to be selected by the Governor thereof within one year after the admission of said state, and, when so selected, to be used or disposed of on such terms, conditions and regulations as the legislature shall direct, provided, that no salt spring or land, the right whereof is now vested in any individual or individuals, or which may be hereafter confirmed or adjudged to any individual or individuals, shall by this article be granted to said state.
Fifth—That five per centum of the net proceeds of sales of all public lands lying within said state, which shall be sold by Congress after the admission of said state into the Union, after deducting all the expenses incident to the same, shall be paid to said state for the purpose of making public roads and internal improvements, as the legislature shall direct, provided, the foregoing propositions herein offered, are on the condition that the said convention which shall form the constitution of said state, shall provide, by a clause in said constitution, or an ordinance, unrevocable without the consent of the United States, that said state shall never interfere with the primary disposal of the soil within the same by the United States, or with any regulations Congress may find necessary for securing the title in said soil to bona fide purchasers thereof; and that no tax shall be imposed on lands belonging to the United States, and that in no case shall non-resident proprietors be taxed higher than residents.
ACT ADMITTING MINNESOTA INTO THE UNION.
[Passed May 11, 1858.]
Whereas, an act of Congress was passed February twenty-sixth, eighteen hundred and fifty-seven, entitled "An act to authorize the people of the Territory of Minnesota to form a constitution and state government preparatory to their admission into the Union on an equal footing with the original states;" and whereas, the people of said territory did, on the twenty-ninth day of August, eighteen hundred and fifty-seven, by delegates elected for that purpose, form for themselves a constitution and state government, which is republican in form, and was ratified and adopted by the people at an election held on the thirteenth day of October, eighteen hundred and fifty-seven, for that purpose; therefore,
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the State of Minnesota shall be one, and is hereby declared to be one of the United States of America, and admitted into the Union on an equal footing with the original states, in all respects whatever.
SEC. 2. And be it further enacted, That said state shall be entitled to two representatives in Congress, until the next apportionment of representatives amongst the several states.
SEC. 3. And be it further enacted, That from and after the admission of the State of Minnesota, as hereinbefore provided, all the laws of the United States, which are not locally inapplicable, shall have the same force and effect within that state as in other states of the Union; and the said state is hereby constituted a judicial district of the United States, within which a district court with the like powers and jurisdiction as the district court of the United States for the district of Iowa, shall be established; the judge, attorney and marshal of the United States for the said district of Minnesota, shall reside within the same, and shall be entitled to the same compensation as the judge, attorney and marshal of the district of Iowa; and in all cases of appeal or writ of error heretofore prosecuted and now pending in the supreme court of the United States upon any record from the supreme court of Minnesota Territory, the mandate of execution or order of further proceedings shall be directed by the supreme court of the United States to the district court of the United States for the district of Minnesota, or to the supreme court of the State of Minnesota, as the nature of such appeal or writ of error may require; and each of those courts shall be the successor of the supreme court of Minnesota Territory, as to all such cases, with full power to hear and determine the same, and to award mesne or final process therein.
RESTORATION OF TENNESSEE TO THE UNION, 1866.
(Thirty-ninth Congress, First Session.)
Joint resolution restoring Tennessee to her relations to the Union.
Whereas, in the year eighteen hundred and sixty-one, the government of the state of Tennessee was seized upon and taken possession of by persons in hostility to the United States, and the inhabitants of the state in pursuance of an act of Congress, were declared to be in a state of insurrection against the United States; and whereas, said state government can only be restored to its former political relations in the Union by consent of the law-making power of the United States; and whereas, the people of said state did on the twenty-second day of February, eighteen hundred and sixty-five, by a large popular vote, adopt and ratify a constitution of government whereby slavery was abolished, and all ordinances and laws of secession and debts contracted under the same were declared void; and whereas a state government has been organized under said constitution which has ratified the amendment to the constitution of the United States abolishing slavery, also the amendment proposed by the thirty-ninth Congress, and has done other acts proclaiming and denoting loyalty; Therefore,
Be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the state of Tennessee is hereby restored to her former proper, practical relations to the Union, and is again entitled to be represented by senators and representatives in Congress.
Approved, July 24,1866.
THE MECKLENBURGH RESOLUTIONS—1775.
I. Resolved, That whosoever directly or indirectly abets, or in any way, form, or manner countenances the unchartered and dangerous invasion of our rights, as claimed by Great Britain, is an enemy to this country, to America, and to the inherent and inalienable rights of man.
II. Resolved, That we do hereby declare ourselves a free and independent people; are, and of right ought to be a sovereign and self-governing association, under the control of no power, other than that of our God and the general government of the congress: To the maintainance of which independence we solemnly pledge to each other our mutual co-operation, our lives, our fortunes, and our most sacred honor.
III. Resolved, That as we acknowledge the existence and control of no law or legal officer, civil or military, within this county, we do hereby ordain and adopt as a rule of life, all, each, and every one of our former laws, wherein, nevertheless, the crown of Great Britain never can be considered as holding rights, privileges, or authorities therein.
IV. Resolved, That all, each, and every military officer in this county is hereby reinstated in his former command and authority, he acting conformably to their regulations, and that every member present of this delegation, shall henceforth be a civil officer, viz.; a justice of the peace, in the character of a committee man, to issue process, hear and determine all matters of controversy, according to said adopted laws, and to preserve peace, union, and harmony in said county, to use every exertion to spread the love of country and fire of freedom throughout America, until a more general and organized government be established in this province.
ABRAHAM ALEXANDER, Chairman.
JOHN MCKNITT ALEXANDER, Secretary.
NOTE.—This declaration of independence (with a supplementary set of resolutions establishing a form of government) was adopted by a convention of delegates from different sections of Mecklenburgh county, which assembled at Charlotte, May 20, 1775.
AGREEMENT BETWEEN THE SETTLERS AT NEW PLYMOUTH.
In the name of God, amen. We, whose names are underwritten, the loyal subjects of our dread Sovereign Lord King James, by the grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, &c. Having undertaken for the glory of God, and advancement of the Christian faith, and the honour of our king and country, a voyage to plant the first colony in the northern parts of Virginia;
Do by these presents, solemnly and mutually, in the presence of God and one another, covenant and combine ourselves together into a civil body politick, for our better ordering and preservation, and furtherance of the ends aforesaid. And by virtue hereof do enact, constitute and frame, such just and equal laws, ordinances, acts, constitutions, and officers, from time to time, as shall be thought most meet and convenient for the general good of the colony, unto which we promise all due submission and obedience.
In witness whereof we have hereunto subscribed our names at Cape Cod the eleventh of November, in the reign of our Sovereign Lord King James, of England, France, and Ireland, the eighteenth, and of Scotland, the fifty-fourth, anno domini, 1620.
John Carver, Samuel Fuller, Edward Tilly, William Bradford, Christopher Martin, John Tilly, Edward Winslow, William Mullins, Francis Cooke, William Brewster, William White, Thomas Rogers, Isaac Allerton, Richard Warren, Thomas Tinker, Miles Standish, John Howland, John Ridgdale, John Alden, Steven Hopkins, Edward Fuller, John Turner, Digery Priest, Richard Clark, Francis Eaton, Thomas Williams, Richard Gardiner, James Chilton, Gilbert Winslow, John Allerton, John Craxton, Edmund Margesson, Thomas English, John Billington, Peter Brown, Edward Doten, Joses Fletcher, Richard Bitteridge, Edward Liester, John Goodman, George Soule.
NOTE.—The "Pilgrims" who landed at Plymouth had procured before leaving Europe a grant of land from the London or South Virginia Company, but had subsequently decided to establish a colony in New England. Before leaving the ship which had brought them across the Atlantic they drew up this compact. They obtained several successive letters patent from the Plymouth Company, but none of them were confirmed by the crown, and in 1691 the Plymouth colony was annexed to Massachusetts Bay.
TEXAS DECLARATION OF INDEPENDENCE—1836.
Whereas, General Antonio Lopez de Santa Anna and other military chieftains have, by force of arms, overthrown the federal institutions of Mexico, and dissolved the social compact which existed between Texas and the other members of the Mexican Confederacy,—Now, the good people of Texas, availing themselves of their natural rights, solemnly declare:
1st. That they have taken up arms in defense of their rights and liberties, which were threatened by the encroachments of military despots, and in defense of the republican principles of the federal constitution of Mexico of eighteen hundred and twenty-four.
2nd. That Texas is no longer, morally or civilly, bound by the compact of union; yet, stimulated by the generosity and sympathy common to a free people, they offer their support and assistance to such of the members of the Mexican Confederacy as will take up arms against military despotism.
3d. That they do not acknowledge that the present authorities of the nominal Mexican Republic have the right to govern within the limits of Texas.
5th. That they hold it to be their right, during the disorganization of the federal system and the reign of despotism, to withdraw from the union, to establish an independent government, or to adopt such measures as they may deem best calculated to protect their rights and liberties, but that they will continue faithful to the Mexican government so long as that nation is governed by the constitution and laws that were formed for the government of the political association.
6th. That Texas is responsible for the expenses of her armies now in the field.
7th. That the public faith of Texas is pledged for the payment of any debts contracted by her agents.
8th. That she will reward by donations in land, all who volunteer their services in her present struggle, and receive them as citizens.
These declarations we solemnly avow to the world, and call God to witness their truth and sincerity; and invoke defeat and disgrace upon our heads, should, we prove guilty of duplicity.
RICHARD ELLIS, President.
A.H.S. KIMBLE, Secretary.
TREATY WITH GREAT BRITAIN—1846.
The United States of America and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, deeming it to be desirable for the future welfare of both countries that the state of doubt and uncertainty which has hitherto prevailed respecting the sovereignty and government of the territory on the northwest coast of America, lying westward of the Rocky or Stony Mountains, should be finally terminated by an amicable compromise of the rights mutually asserted by the two parties over the said territory, have respectively named plenipotentaries to treat and agree concerning the terms of such settlement, that is to say:
The President of the United States of America has, on his part, furnished with full powers James Buchanan, Secretary of State of the United States, and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, has, on her part, appointed the Right Honorable Richard Parkenham, a member of Her Majesty's Most Honorable Privy Council, and Her Majesty's Envoy Extraordinary and Minister Plenipotentiary to the United States;
Who after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following articles:
ARTICLE I.
From the point on the forty-ninth parallel of north latitude, where the boundary laid down in existing treaties and conventions between the United States and Great Britain terminates, the line of boundary between the territories of the United States and those of Her Brittanic Majesty shall be continued westward along the said forty-ninth parallel of north latitude to the middle of the channel which separates the continent from Vancouver's Island, and thence southerly through the middle of the said channel, and of Fuca's Straits, to the Pacific Ocean: Provided, however, That the navigation of the whole of the said channel and straits, south of the forty-ninth parallel of north latitude, remain free and open to both parties.
ARTICLE II.
From the point at which the forty-ninth parallel of north latitude shall be found to intersect the great northern branch of the Columbia River, the navigation of the said branch shall be free and open to the Hudson's Bay Company, and to all British subjects trading with the same, to the point where the said branch meets the main stream of the Columbia, and thence down the said main stream to the ocean, with free access into and through the said river or rivers, it being understood that all the usual portages along the line thus described shall, in like manner, be free and open.
In navigating the said river or rivers, British subjects, with their goods and produce, shall be treated on the same footing as citizens of the United States; it being, however, always understood that nothing in this article shall be construed as preventing, or intended to prevent, the Government of the United States from making any regulations respecting the navigation of the said river or rivers not inconsistent with the present treaty.
ARTICLE III.
In the future appropriation of the territory south of the forty-ninth parallel of north latitude, as provided in the first article of this treaty, the possessory rights of the Hudson's Bay Company, and of all British subjects who may be already in the occupation of land or other property lawfully acquired within the said territory, shall be respected.
ARTICLE IV.
The farms, lands, and other property of every description belonging to the Puget's Sound Agricultural Company, on the north side of the Columbia River, shall be confirmed to the said company. In case, however, the situation of those farms and lands should be considered by the United States to be of public and political importance, and the United States Government should signify a desire to obtain possession of the whole, or of any part thereof, the property so required shall be transferred to the said Government, at a proper valuation, to be agreed upon between the parties.
ARTICLE V.
The present treaty shall be ratified by the President of the United States, by and with the advice and consent of the Senate thereof, and by Her Brittanic Majesty; and the ratifications shall be exchanged at London, at the expiration of six months from the date hereof, or sooner if possible. In witness whereof the respective plenipotentiaries have signed the same, and have affixed thereto the seals of their arms.
Done at Washington the fifteenth day of June, in the year of our Lord one thousand eight hundred and forty-six.
JAMES BUCHANAN. [L.S.] RICHARD PARKENHAM. [L.S.]
NOTE.—This treaty was concluded at Washington, June 15, 1846, ratifications were exchanged July 17, 1846, and it was proclaimed Aug. 5,1846.
EMANCIPATION PROCLAMATION.
Whereas on the twenty-second day of September, in the year of our Lord one thousand eight hundred and sixty two, a proclamation was issued by the President of the United States, containing, among other things, the following, to-wit:
"That on the first day of January, in the year of our Lord one thousand eight hundred and sixty-three, all persons held as slaves within any State, or designated part of a State, the people whereof shall then be in rebellion against the United States, shall be then, thenceforward, and forever free; and the Executive Government of the United States, including the military and naval authority thereof, will recognize and maintain the freedom of such persons, and will do no act or acts to repress such persons, or any of them, in any efforts they may make for their actual freedom.
"That the Executive will, on the first day of January aforesaid, by proclamation, designate the States and parts of States, if any, in which the people thereof, respectively, shall then be in rebellion against the United States; and the fact that any State, or the people thereof, shall on that day be in good faith represented in the Congress of the United States, by members chosen thereto at elections wherein a majority of the qualified voters of such state shall have participated, shall, in the absence of strong countervailing testimony, be deemed conclusive evidence that such State, and the people thereof, are not then in rebellion against the United States."
Now, therefore, I, Abraham Lincoln, President of the United States, by virtue of the power in me vested as Commander-in-Chief of the Army and Navy of the United States in time of actual armed rebellion against the authority and Government of the United States, and as a fit and necessary war measure for suppressing said rebellion, do, on this first day of January, in the year of our Lord one thousand eight hundred and sixty-three, and in accordance with my purpose so to do, publicly proclaimed for the full period of one hundred days, from the day first above mentioned, order and designate as the States and parts of States wherein, the people thereof respectively are this day in rebellion against the United States, the following, to-wit:
Arkansas, Texas, Louisiana (except the parishes of St. Bernard, Plaqueminos, Jefferson, St. John, St. Charles, St. James, Ascension, Assumption, Terre Bonne, Lafourche, Ste. Marie, St. Martin, and Orleans, including the city of New Orleans), Mississippi, Alabama, Florida, Georgia, South Carolina, North Carolina, and Virginia, (except the forty-eight counties designated as West Virginia, and also the counties of Berkeley, Accomac, Northampton, Elizabeth City, York, Princess Ann, and Norfolk, including the cities of Norfolk and Portsmouth), and which excepted parts are for the present left precisely as if this proclamation were not issued.
And by virtue of the power and for the purpose aforesaid, I do order and declare that all persons held as slaves within said designated States and parts of States are and henceforward shall be free; and that the Executive Government of the United States, including the military and naval authorities thereof, will recognize and maintain the freedom of said persons.
And I hereby enjoin upon the people so declared to be free to abstain from all violence, unless in necessary self-defense; and I recommend to them that, in all cases when allowed, they labor faithfully for reasonable wages.
And I further declare and make known that such persons, of suitable condition, will be received into the armed service of the United States to garrison forts, positions, stations, and other places, and to man vessels of all sorts in said service.
And upon this act, sincerely believed to be an act of justice, warranted by the Constitution upon military necessity, I invoke the considerate judgment of mankind, and the gracious favor of Almighty God.
In testimony whereof I have hereunto set my name and caused the seal of the United States to be affixed.
Done at the city of Washington this first day of January, in the year of our Lord one thousand eight hundred and sixty-three, and of the independence of the United States the eighty-seventh.
[Sidenote: L.S.]
ABRAHAM LINCOLN.
By the President:
WILLIAM H. SEWARD, Secretary of State.
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