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JT

This telegram must be closely paraphrased before being communicated to anyone. (SG)

LONDON

Dated May 19, 1941

Rec'd 8 a.m.

Secretary of State,

Washington.

TRIPLE PRIORITY.

1998, May 19, noon. (SECTION THREE)

Three. At present rate in next twelve months we shall lose four and half million tons of shipping. The United States by a prodigy of generous constructive effort will build perhaps three and a half and we build the other million. Where have we got to then? Just making time and swimming level with the bank against the stream. Whereas cooperation of even a third of the American Navy would save at least one-half of the tonnage beforehand and give that mastery which alone can abridge the torment of mankind.

Four. Most grateful to you for your cable." WINANT

HTM

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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Hart HART, JAMES (1663–1729), minister of Edinburgh, born in 1663, studied at the university of Edinburgh, and graduated A.M. on 11 July 1687. He became minister of Ratho, near Edinburgh, in July 1692, and ten years afterwards (19 Aug. 1702) was translated to Greyfriars' Church, Edinburgh, as successor to Gilbert Rule. During the early years of his pastorate he strongly opposed the Union. He denounced Principal William Carstares [q. v.] from the pulpit as an enemy to his country and a traitor to the church. He was speedily reconciled to the change in political affairs after the Union was effected, and in 1714 was deputed with others by the General Assembly to congratulate George I on his accession to the throne. George nominated him to the post of king's almoner in 1726, and he died pastor of Greyfriars' Church on 10 June 1729. Wodrow describes him as ‘a worthy, good man, and one whose sermons were much haunted. He was naturally a little warm and keen, but of considerable gravity and prudence with it.’ When Steele visited Scotland in 1718 he met Hart while endeavouring to bring about a union betwixt the presbyterian and episcopal churches, and was much impressed by his singular and original character. The contrast between Hart's affability and benevolence in private and his fierce diatribes in the pulpit against sin and the doom awaiting the sinner attracted Steele's notice, and he afterwards referred to him as ‘the hangman of the Gospel.’ Hart's published works were a sermon entitled ‘The Qualifications of Rulers and the Duty of Subjects described,’ Edinburgh, 1703, and ‘The Journal of Mr. James Hart in 1714’ (edited by Principal Lee, Edinburgh, 1832). He married, first, Margaret Livingston, and secondly, Mary Campbell, by whom he had thirteen children, nine of whom survived him.

HART, JOHN (d. 1574), orthographic reformer, entered the College of Arms at an early age, became Newhaven pursuivant extraordinary, and was created Chester herald in 1566. On 6 Dec. 1569, after the suppression of the northern rebellion, he was sent to Doncaster by Lord Clinton with 2,000l., to be delivered to Sir Thomas Gargrave. He also took a further sum of 2,000l. to Sir Ralph Sadler at Northallerton. He died in London on 16 July 1574. On 8 July 1578 Mary, his widow, presented a petition to Lord Burghley.

His works are: 1. ‘The Opening of the Unreasonable Writing of our Inglish Toung: wherein is shewid what necessarili is to be left, and what folowed for the perfect writing thereof,’ 1551. Royal MS. in British Museum, 17 C. vii. pp. 230. The work, which consists of thirteen chapters, is dedicated to Edward VI. 2. ‘An Orthographie, conteyning the due order and reason, howe to write or painte thimage of mannes voice, moste like to the life or nature. Composed by J. H., Chester Heralt,’ London, 1569, 8vo. Reprinted, mostly in Pitman's system of phonetic shorthand, lithographed by Isaac Pitman, London, 1850, 16mo. In this remarkable treatise he expounds a plan for reforming the existing orthography of the English language on a strictly phonetic basis. Other early attempts in the same direction were made by Sir John Cheke [q. v.], Sir Thomas Smith, and William Bullokar [q. v.] 3. ‘A Methode, or Comfortable Beginning for all Unlearned, whereby they may be taught to read English in a very short time with pleasure,’ London (H. Denham), 1570, 4to.

HART, JOHN (d. 1586), jesuit, was, according to Wood, educated at Oxford, though in what college or hall he could not discover; his name does not occur in the register. Being dissatisfied with the established church he withdrew to Douay, was reconciled to the Roman catholic communion, and admitted into the English College there in 1570. He took the degree of B.D. in the university of Douay in 1577, and was ordained priest on 29 March 1578. In June 1580 he was ordered to the English mission, but was arrested as soon as he landed at Dover, and was sent in custody to London to be examined by the privy council. He was committed to prison and confined in a filthy dungeon. On the day after (15 Nov. 1581) Father Campion's condemnation, he was tried with several other priests and condemned to death on account of his sacerdotal character. On 1 Dec. 1581 he was to have been executed with Campion, Sherwin, and Briant, but when placed on the hurdle he promised to recant, and he was taken back to prison, where he wrote to secretary Walsingham the com-


text: McCarty v. Nixon

title: McCarty v. Nixon


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430 Preston, Blackburn, Rochdale, Bury, Stockport, Oldham, and all the large communities of Lancashire; the boroughs of Leeds, Bradford, Halifax, Huddersfield, Sheffield, and the other towns of Yorkshire have supplied large contributions.

"The cities of Edinburgh and Glasgow have already made arrangements to promote by public meetings our holy alliance.

"Inhabitants and citizens of London, and fellow-countrymen! We address you collectively and individually. Weare daily gaining the co-operation of men of wealth, intelligence, and inﬂuence, who are fast swelling our ranks; men who have only lately known the peril of their country and the justice of our cause.

"To the metropolis of Great Britain the country now looks. Place yourselves at the head of this movement. Union is power. Organise; assemble in public meetings; subscribe; aid us. (Signed)"G. WILSON, "Chairman of the National Anti-Corn-Law League."


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 LMS This telegram must be closely paraphrased before being communicated to anyone; (SC) London Dated April 16, 1941

Rec'd 10:16 p; m.

Secretary of State,

Washington.

TRIPLE PRIORITY

1515, April 16, 11 p. m. (SECTION THREE)

Meanwhile our efforts to turn off the tap have met with a noteworthy success in the Mediterranean. Our destroyers from Malta in the early hours of this morning, l6th, caught a German—Italian convoy of five large ships loaded with ammunition and mechanical transport and escorted by three Italian destroyers. The whole convoy and all its escort were sunk. We lost one destroyer in the fight. We are keeping the strength of our forces secret for the present. (END or MESSAGE) WINANT LMS


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12 now being properly set, the exhaust valve on No. 1 cylinder is open and the intake valve closed, the other valves being in the position indicated in Cut No. 3. The opening and closing of the valves being as follows: The exhaust valve opens when the piston reaches 5-16" of bottom center. the distance from the top of the piston head to the top of cylinder casting measuring 3 3−8". The exhaust valve will close on top centre. the piston being 5-16" above the cylinder casting. The intake valve opens 1-16" after top center, and closes 9-16" after bottom center, the distance from the top of the piston to the top of the cylinder casting measuring 3 1-8".

The clearance between the push rod and valve stem should never be greater than 1-32" nor less than 1-64". The correct clearance is naturally half way between these two measurements. The gap should be measured when the push rod is on the heel of the cam.

They seldom get out of order—but they do get dirty, as a result of carbon collecting on the valve seats. These carbon deposits by preventing proper closing of the valves, permit the gases under compression to escape, resulting in loss of power and uneven running of the motor. If, when turning the engine over slowly there is a lack of resistance in one or more cylinders, it is probable that the valves need re-grinding. As the "life" of the engine depends largely upon the proper seating of the valves, it is necessary that they be ground occasionally.

(1) Drain radiator; (2) remove cylinder head; (3) remove the two valve covers on the right side of engine; (4) raise the valve spring with lifting tool (see Cut No. 4) and pull out the link pin under the valve seat. The valve may then be liftedout by the head.

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text: Hunter’s Lessee v. Kennedy

title: Hunter’s Lessee v. Kennedy


text: Rivers v. Walker

title: Rivers v. Walker


text: Carlisle v. Cunningham

title: Carlisle v. Cunningham


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 this elopement had anything to do with the Norman invasion of Ireland eighteen years later. She was daughter of Murchadh O'Maeleachlainn, and died at Mellifont Abbey, near Drogheda, in 1193. He had another war with Connaught in 1158, but made peace in 1159, and fought Muircheartach O'Lochlainn, but was routed at Ardee by the Ulstermen. He continued in alliance with Connaught for several years afterwards. In 1162 his son Maelseachlainn was slain by one of his own clan. Diarmait MacMurchadha paid him one hundred ounces of gold as a reparation in 1167, while Dearbhforgaill built a church at Clonmacnoise. He obtained eight hundred cows as an eric from the Meathmen for the murder of O'Fionnallain, for whom he was security. He was slain at Tlachta, co. Meath, by Hugo de Lacy in 1172, and his body was decapitated. His head was fixed on a gate of Dublin, and his body hung by the feet from a gibbet on the north side of the city.

Nineteen other chiefs or tanists named Tiernan O'Rourke occur in the Irish chronicles, of whom the most important was chief of the race of Aedh finn and of Breifne, married Aine, daughter of Tadhg MacDonnchaidh, and died in 1467.

ORR, HUGH (1717–1798), inventor, son of Robert Orr of Lochwinnoch, Renfrewshire, was born at Lochwinnoch on 13 Jan. 1717. Brought up to the trade of a gunsmith and door-lock filer, at the age of twenty he emigrated to America, and in June 1740 he settled at Bridgewater, in Massachusetts, where he manufactured scythes and edge-tools. He set up the first trip-hammer ever constructed in Massachusetts, and he succeeded in spreading the manufacture of edge-tools through Massachusetts, Rhode Island, and Connecticut. In 1748 he made five hundred muskets for the province of Massachusetts Bay, believed to have been the first weapons of the kind produced in the country. During the revolution he was actively employed in casting iron and brass cannon and cannon-balls, for which, in conjunction with a Frenchman, he constructed a foundry. He also originated the business of exporting flax-seeds from the part of the country in which he resided. He was the inventor of a machine for cleaning flax-seed, and another for the manufacture of cotton. For several years he was a senator for Plymouth county. He died at Bridgewater on 6 Dec. 1798. His son Robert, a colonel, was armourer of the United States arsenal at Springfield.

ORR, JAMES (1770–1816), United Irishman and poet, born in the parish of Broad-Island, co. Antrim, in 1770, was only son of a weaver, who held a few acres of land near Ballycarry. James followed his father's occupation, and came into possession of the small holding on his father's death. He joined the United Irishmen, and wrote verse from an early age. Many of his poems appeared in the ‘Northern Star,’ the organ of the United Irishmen in Belfast before 1797, when the paper ceased. His poems were popular, and he was known as ‘The Poet of Ballycarry.’ He took part in the battle of Antrim on 7 June 1798, and is credited with having saved some lives on that occasion. After the engagement he escaped to America, and while there wrote for the press. He returned to Ireland in a very short time, however, and in 1804 issued a small collection of his poems by subscription at Belfast. The success of the publication unsettled him. He took to drink, and died in the prime of life at Ballycarry in Templecorran parish, co. Antrim, on 24 April 1816. He was buried in Templecorran churchyard, and a public monument was erected over his grave.

Orr's song entitled ‘The Irishman’ is a great favourite in every part of Ireland. The poem, which has been wrongly attributed to Curran, is not in Orr's collection of 1804, having been composed subsequently, but it is to be found in the collected edition of his poems published posthumously in 1817. His pithiest writings are in the Antrim dialect. His ‘Poems,’ with sketch of his life by A. McDowell, were reissued at Belfast in 1817. The sketch of his life was apparently printed in a separate form in the same year (, Early Belfast Printed Books).

ORR, JOHN (1760?–1835), lieutenant-general of the Madras army, was born about 1760, and, becoming a cadet in the Madras army, arrived in India in 1777. On 18 Aug. in that year he was appointed ensign in the 21st battalion Madras native infantry. In the following year he served with that regiment at the siege of Pondicherry, during which the adjutant of the 2nd battalion of the 2nd Madras European regiment having


text: Leib v. Bolton

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 timidated into giving his opinion against the prisoner. Sentence of death was nevertheless passed. An attempt to bribe Orr's gaoler failed; but a short respite was granted, and Orr's brother obtained, on the representation that he had confessed his guilt, several influential signatures to a petition for pardon. Orr apparently signed a confession. But his brother afterwards declared that he himself concocted it without the prisoner's knowledge, and Orr strenuously denied responsibility for it. Orr's mind seems to have been slightly affected at the close, but he met his death courageously on 14 Oct. 1797 at Carrickfergus. The popular excitement rose very high after the execution. ‘Remember Orr’ became a watchword, and was chalked on the walls in many places. At a public dinner held in London to celebrate Fox's birthday, the Duke of Norfolk, Lord Oxford, Erskine, Sir F. Burdett, Horne Tooke, and others, being present, two of the toasts were: ‘The memory of Orr, basely murdered,’ and ‘May the execution of Orr provide places for the cabinet of St. James' at the Castle.’ The watchword formed the conclusion of the document which brought the brothers Sheares [see ] to the scaffold; and Dr. Drennan's vigorous poem on the subject was, and is still, one of the most popular of Irish patriotic effusions.

A son of Orr, a major in the army, served with distinction in the Peninsular war. On his desiring to be relieved of his commission, the Duke of York asked whether he was a son of William Orr, to which he replied: ‘I have that honour.’ The duke generously sent the widow of Orr 1,000l., and made the son a barrack-master, first at Longford, and afterwards at Dublin.

ORRERY,. [See, first , 1621–1679; , fourth , 1676–1731; , fifth , 1701–1762.]

ORRIDGE, BENJAMIN BROGDEN (1814–1870), antiquary, born in 1814, set up in business in London as a medical agent and valuer. From 1863 until 1869 he was an active member of the court of common council for the ward of Cheap. As chairman of the library committee he distinguished himself by his exertions for the preservation and investigation of the mass of records belonging to the corporation. He died after a long illness on 17 July 1870 at his residence, 33 St. John's Wood Park.

Orridge was fellow of the Geological Society, and member of the London and Middlesex Archæological Society. To the ‘Transactions’ of the latter he contributed some valuable papers, including the ‘City Friends of Shakespeare’ (iii. 578–80) and an ‘Account of some Eminent Members of the Mercers' Company,’ which was read at the general meeting held at Mercers' Hall on 21 April 1869.

He also published: 1. ‘A Letter on Eminent Londoners and Civic Records,’ 8vo, London, 1866, addressed to the court of common council. 2. ‘Some Account of the Citizens of London and their Rulers, from 1060 to 1867,’ 8vo, London, 1867, a very useful summary of the biography of the lord mayors, accompanied by pedigrees of the more distinguished of their descendants among the aristocracy. 3. ‘Some Particulars of Alderman Philip Malpas and Alderman Sir Thomas Cooke, K.B., Ancestors of Sir Francis Bacon (Lord Bacon) and Robert Cecil (first Earl of Salisbury),’ 8vo, London, 1868 (another edition, 4to, undated); originally read before the London and Middlesex Archæological Society on 20 April 1868, and printed in an abridged form in the ‘Transactions’ (iii. 285–306). 4. ‘Illustrations of Jack Cade's Rebellion, from Researches in the Guildhall Records; together with some newly found Letters of Lord Bacon,’ 4to, London, 1869.

ORTELIUS, ABRAHAM (1527–1598), map-maker, son of Leonard Ortels (1500–1537), was born at Antwerp 4 April 1527. His father, who had originally come from Augsburg, died when Abraham was young, and the care of his mother and sister fell to him. In 1547 he joined the guild of St. Luke at Antwerp as an illuminator of maps. He also dealt in the maps which he imported from other countries. Wood (Fasti, ed. Bliss, i. 134) says that about 1551 he passed some time at Oxford for purposes of study. He travelled widely, became known to learned men in every country in Europe, carried on an active correspondence with his friends, and collected medals. In 1567 he and Christopher Plantin joined at Antwerp the society known as ‘the Family of Love’ [see, or ], but that was dissolved at the approach of Alva. Probably


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 Ortelius was wrapped up in his map-making, for by this time he had published many of those maps which were afterwards to form part of the ‘Theatrum Orbis Terrarum.’ On 20 May 1573 Ortelius was made, by the influence of Arias Benedictus Montanus, geographer to Philip II of Spain. In February 1577 he paid a visit to London in the company of his cousin Emmanuel Meteren, and from London explored various parts of England and Ireland. He had before this time known many Englishmen by correspondence, and Humphrey Llwyd [q. v.] had helped him with the map of England and Wales. He now formed a friendship with Camden and other learned men. He had reached the height of his fame, and for the rest of his life he lived chiefly at Antwerp, where he died on 28 June 1598. He was buried on 1 July in the church of St. Michael. A monument was raised to his memory by his sister Anna and his nephews Jacob and Peter Cole, the inscription being written by Justus Lipsius.

Ortelius's great work, the ‘Theatrum Orbis Terrarum,’ was first issued in a complete form in 1570 at Antwerp. A complete account of the many editions which have followed is given in the preface to Mr. J. H. Hessels's ‘Epistolæ Ortelianæ,’ which forms the first volume of the ‘Collection of Letters’ preserved by the Dutch church in Austin Friars. They numbered at least twenty-eight during the author's lifetime. The various editions contain different numbers of maps, and Ortelius was constantly in correspondence with those who suggested corrections or additions. Ortelius also published: 1. ‘Deorum Dearumque Capita ex vetustis numismatibus in gratiam Antiquitatis studiosorum effigiata et edita. Ex museo Abrahami Ortelii,’ Antwerp, 1573. There is a copy of this work, with the author's autograph, in the British Museum; other editions 1582 and 1602. 2. ‘Synonymia Geographica sive populorum, regionum, insularum, urbium … appellationes et nomina,’ Antwerp, 1578. This was an enlargement of the compilation made by Arnold Mylius which had been attached to the ‘Theatrum’ in the 1570 edition; another edition 1596, Antwerp, and 17th cent. Hanover. 3. ‘Nomenclator Ptolemaicus.’ This was added to the ‘Theatrum’ in 1584 instead of the ‘Synonymia Locorum,’ but it was also published separately in 1603. 4. ‘Itinerarium per nonnullas Galliæ-Belgicæ Partes,’ Antwerp, 1584, 8vo; other editions, Leyden, 1630 and 1667. 5. ‘Aurei Seculi Imago,’ Antwerp, 1596. When dying he was engaged on the ‘Peutinger Table.’ His edition was published by John Moretus a few months afterwards. Many letters from and to him are printed in the collection edited by Mr. J. H. Hessels. His ‘Album Amicorum’ is preserved at Pembroke College, Cambridge.

Ortelius's nephew, (1563–1628), born in Antwerp on 31 Dec. 1563, was eldest son of Jacob Cole the elder, by his second wife, Elizabeth (d. 1594), the sister of Ortelius. Jacob Cole the younger was brought up in London, where his father had five children living by his first wife. His father lived in Lime Street, and appears to have been a silk merchant, and after his death in 1591 Jacob received certain property under his will. His uncle seems to have been fond of him, and used to call him ‘Anthracius’ or ‘Carbo.’ In 1589 Ortelius began to call his nephew Ortelianus, and from that time he was commonly known by that name when the Latin language was used. He corresponded with his uncle from 1586, lived, like his father, in Lime Street ‘at the sign of the Cock,’ and was a successful silk merchant. Like his uncle, he collected coins and medals. He died in 1628, and was buried on 14 May of that year. He had married, first, Maria Theus of London, who died in 1594, and may be conjectured to have been a daughter of Lodewijk Theus, a deacon of the Dutch church in 1573, and an elder in 1585 (, Register, pp. 209, 211); secondly, 16 Dec. 1606, Louisa de Lobel, daughter of Mathias de Lobel; but he left no child. He published: 1. ‘De Statu Civitatis Londinensis peste laborantis,’ Middleburg, 1604, 4to. 2. ‘Syntagma Herbarum Encomiasticum,’ Leyden, 1606, 4to; Antwerp, 1614. 3. A tract on death, which was first printed at Middleburg in Holland, and of which an English edition, under the title ‘James Cole: of Death a True Description,’ &c., appeared in London, 1629, 8vo; a copy is in the library of the London Dutch church. 4. ‘Paraphrasis ofte verklaringe ende verbreydinge vanden CIV Psalm,’ &c., Middleburg, 1626, 4to. James or Jacobus Cole inherited some of his uncle's books, which came afterwards into Bishop Moore's library, and thence into the Cambridge University Library. Many of his letters have been published in the ‘Epistolæ Ortelianæ.’


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 ORTON, JOB (1717–1783), dissenting minister, elder son of Job Orton (d. 18 Nov. 1741, aged 52), a grocer, was born at Shrewsbury on 4 Sept. 1717. His mother, Mary Perkins (d. 26 May 1762, aged 76), was descended from the elder brother of William Perkins [q. v.] the puritan. He was eight years at the Shrewsbury grammar school, and meanwhile was apprenticed to his father; but his inclination was for the ministry. In May 1733 he went for a year's preparation to Charles Owen, D.D. [q. v.], at Warrington; in June 1734 he was admitted to the communion by Thomas Colthurst (1697–1739), presbyterian minister at Whitchurch, Shropshire. In August 1734 he entered the academy of Philip Doddridge, D.D. [q. v.], at Northampton; he became assistant tutor in March 1739, and was shortly afterwards licensed. He preached his first sermon at Welford, Northamptonshire, on 15 April 1739. He had offers from congregations at Welford, Rothwell, Northamptonshire, and Market Harborough, Leicestershire, and was asked to preach as candidate at Salters' Hall, London. He preferred to stay with Doddridge, who had the highest opinion of him, writing of him (6 Dec. 1739) as ‘omni laude major,’ suggesting his appointment (26 Feb. 1740) as an ‘elder’ in his church, and even naming him in his original will (11 June 1741) as his successor both in academy and congregation. Immediately afterwards Orton, on receiving a call from his native place, made up his mind to leave Northampton; Doddridge writes in despair (18 July 1741) on hearing the news.

The presbyterian congregation at High Street Chapel, Shrewsbury, had been vacant since April 1741 by the death of Charles Berry [see ]. Orton succeeded him on 29 Sept. 1741. The small independent congregation at King's Head Chapel (of which his father was a member) was also vacant by the removal of John Dobson to Walsall. Its twenty-three members offered to join the High Street congregation, and it was the prospect of this union that was Orton's main inducement to leave Northampton (Letters to Dissenting Ministers, ii. 187). The King's Head congregants were admitted to fellowship on 5 Nov. 1741, it being ‘unanimously agreed that the old distinguishing names of presbyterian and independent should be entirely dropped and forgotten, and the sacred name Christian alone be used.’ The death of Orton's father a fortnight later affected his health, and the work at Shrewsbury was henceforth mainly carried on by his assistants, of whom the third in succession, Joseph Fownes (1715–1789), became his firm friend. On 18 Sept. 1745 Orton received presbyterian ordination in High Street Chapel at an assembly of thirty ministers, headed by Samuel Bourn the younger [q. v.] and Joseph Mottershead [q. v.] He declined in 1746 an invitation to be Bourn's colleague at Birmingham. Orton was pressed in March 1752 to succeed Doddridge as minister at Northampton; Caleb Ashworth, D.D. [q. v.], had already been elected to the academy, in terms of Doddridge's altered will. He hesitated some time, but eventually (27 April) declined. He refused a synchronous invitation to succeed Obadiah Hughes, D.D. [q. v.], at Prince's Street, Westminster; he had a prejudice against London, and never visited it in his life. After these refusals he went to Buxton to recruit his health.

Orton preached for the last time on 15 Sept. 1765, which he reckoned his birthday owing to the change of style. In 1766 he resigned. Disputes arose about the appointment of his successor, and on the election of Benjamin Stapp (1743–1767), an Arian, there was a large orthodox secession (12 Oct. 1766). Orton withdrew (26 Oct. 1766), intending to settle at Birmingham (where he had relatives), but could not find quarters. Chance took him to Kidderminster for the winter. He was there attended by James Johnstone, M.D. [q. v.], to whose skill he considered that he owed his life; he remained at Kidderminster and bought a house. He encouraged the Shrewsbury seceders in building a new chapel, and got Robert Gentleman [q. v.] to be their minister. At the same time he kept up his friendship with Fownes. In 1780 the Kidderminster presbyterian congregation was divided on the appointment of a minister. The seceders this time were more or less heterodox, but Orton again encouraged the formation of a new congregation, of which Gentleman ultimately became minister.

Orton's position in the dissenting world was peculiar, and is not easily understood. Both orthodox and heterodox dissenters have venerated him as a patriarch. Kippis thought him ‘one of the most striking preachers’ he ever heard; but his repute was not that of a preacher, and his period of greatest influence was that which he spent as a valetudinarian recluse at Kidderminster. He corresponded with dissenting ministers of all sections, and with many clergymen. His anecdotal letters are a mine of advice, often minute, always good-humoured, impressive from their quaint candour, and useful as the sage outcome of old-fashioned seriousness. His mind lacked freshness, and his plans were conventional, hence his steady aversion to ‘methodists and other disorderly people’


text: Hagner v. Musgrove

title: Hagner v. Musgrove


text: Snowden v. Hemming

title: Snowden v. Hemming


text: Court Appointments (1784)

title: Court Appointments (1784)


text: Rodman v. Hoops’s Executor

title: Rodman v. Hoops’s Executor


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70 A VOLUME OF NONSENSE.

STANZAS.

a man hath no freedom to fight for at home,

Let him combat for that of his neighbours;


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'88 Flora Frantz Conrad has visited Frances Shimer twice in recent years and has sent a few items of interest concerning her own "scattered family" She comments in a note that her years spent at Frances Shimer have been one of her greatest assets in life, and she has always been truly appreciative of the splendid training that she received here. The following is taken from her letter:

(A condensed historical sketch of my family)

I graduated from Frances Shimer in 1888 as Flora Frantz. I taught School for a number of years, married C.M Conrad, and moved to Burlington, Iwoa. I reared and educated five childeren:

Frantz Conrad graduate of Norman Oklahoma,and now a successful practicing attorney in Oklahoma City, Is a vetran of World War I.

I am the mother of Gleen V. Conrad, who was the air inspector of the aeronautics branch of the U.S Department of Commerce of Iowa. He was a first lieutenant in aviation in World War I and served during the entire war, having enlisted shortly after it started. He was a member of the First Methodist Church of Burlington and the Phi Delta Phi law fraternity. He passed away July 10, 1932, at Mason City, Iowa at age of 32.

Max A Conrad like all my boys, was an expert debater,at Iowa University. He later moved to Burlington, where he is now practicing law, and for the last ten years has been mayor of the city. He recently resigned to accept the position of Secretary to the Leauge of Iowa Municipalities on a statewide basis. He also published the Leauge magazine.

My only daughter, Vivian, is married to Dr. Fortney of Viroqua, Wisconsin, and she is the editor of the Winsconsin Clubwoman, the official publication of the Winsconsin Federation of Women's Clubs.

My Youngest son, Robert is now practicing law in Burlington, and is helping Max with his editorial work and the magazine. He has just been mustered out of Service in World War II.

Thus you see I have had a rather full life and feel that Frances Shimer was the foundation for many of the principles I have at all times aimed to instill in my children.—

'94 Mary Bryant Barthell writes that she has very happy memories of her days at Frances Shimer and is still very much interested in the school although she does not recognize many of the names in the News. She Celebrated her golden wedding anniversary on June 10 and wished that some representative from Shimer might have been there to help with the celebration.

'95 The news of the birth of a grandson of Clara Ferrenburg Duagn recalls to the memory of some of the older graduates Clara's beautiful lyric soprano voice. In historical files of the college are many old musical programs which bear her name.

'02 The following is taken from a letter from Harriet Hersey Higginson: "You will be sorry to hear of Isabelle Cleveland Hersey's Death She was my roommate at Frances Shimer in 1901 and '02; was related, I believe to the Campbells or Miles in Mount Carroll. She has a stroke a year ago and apparently recovered. Her son, Paul and daughter, Virginia ,lived in Medford Oregon. She lived in Los Angeles, Was married to my brother, Dexter Hersey, the day before our wedding, I played the wedding march. She and Dexter had planned all winter to visit their children in Medford  and left Los Angeles May 15th, were there only a week when she had another stroke and died suddenly. She did not suffer and I am sure if she could have chosen a place to go it

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 BRITISH EMBASSY,

WASHINGTON D.C

"Please at once tell the President that in any communication Admiral Leahy may be instructed to make to French Government it would be desirable to make no mention of "permission" being obtained from armistice commission or of escort to be provided for "Dunkerque" as this might give away our source.

It would be sufficient for him to say that information had been received showing that there was the intention to send "Dunkerque" to Toulon for repairs in near future.“


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Rh Let him think of the glories of Greece and of Rome,

And get knocked on the head for his labours.

To do good to Mankind is the chivalrous plan,

And is always as nobly requited;

Then battle for Freedom wherever you can,

And, if not shot or hanged, you'll get knighted. November 5, 1820. [First published, Letters and Journals, 1830, ii. 377.]

TO PENELOPE.

2, 1821.

THE CHARITY BALL.

matter the pangs of a husband and father,

If his sorrows in exile be great or be small,

So the Pharisee's glories around her she gather,

And the saint patronises her "Charity Ball!"


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Forestry

Washington, D. C., October 31, 1873.

 * I have the honor to submit the following report of the operations of this Department during the past year, together with such suggestions as my experience has convinced me will promote the efficiency of the Public service:

INDIANS.

The situation in the Indian service may be regarded as favorable and as a vindication of the propriety and practicability of the humane policy which was inaugurated at the beginning of your first presidential term, and which has governed the Department in the transaction of all business matters pertaining to the conduct of Indian affairs. That policy has for its main object and aim the restraint and elevation of the wild tribes of the frontier through firm but kind treatment. That progress has been made in the establishment of that policy, and in an improvement of the condition of Indians reached by it, is shown by the increased interest in educational matters, a growing willingness on the part of the Indians to engage in industrial pursuits, a desire for the division of lands, and an increase of stock and farm products.

In preliminary to the annual exhibit of the affairs of the Indian service, so far as the control of the Department is concerned, and especially in view of certain occurrences of the past year in that service, and the very general discussion of the character and scope of the Indian policy, I deem it proper to indicate at this time more in detail what that policy was originally intended to accomplish, and the appliances through which it was sought to work.

The so-called peace policy sought, first, to place the Indians upon reservations as rapidly as possible, Where they could be provided for in such manner as the dictates of humanity and Christian civilization require. Being thus placed upon reservations, they will be removed from such contiguity to our frontier settlements as otherwise will lead, necessarily, to frequent outrages, wrongs, and disturbances of public peace.


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686 On these reservations they can be taught, as fast as possible, the arts of agriculture, and such pursuits as are incident to civilization, through the aid of the Christian organizations of the country now engaged in this work, co-operating with the Federal Government. Their intellectual, moral, and religious culture can be prosecuted, and thus it is hoped that humanity and kindness may take the place of barbarity and cruelty. Second; whenever it is found that any tribe or band of Indians persistently refuse to go upon a reservation and determine to continue their nomadic habits, accompanied with depredations and outrages upon our frontier settlements, then the policy contemplates the treatment of such tribe or band with all needed severity, to punish them for their outrages according to their merits, thereby teaching them that it is better to follow the advice of the Government, live upon reservations and become civilized, than to continue their native, habits and practices. Third, it is the determination of this policy to see that all supplies of every kind, whether of food or clothing, purchased for distribution to Indians, upon reservations and remaining at peace with the Government, are procured at fair and reasonable prices, so that the Indian meriting such supplies may receive the same without being the funds of the Government squandered in their purchase. Fourth; it is the purpose of the Government, as fast as possible, through the instrumentality and by the advice and assistance of the various religious organizations, and by all other means within its power, to procure competent, upright, faithful, moral, and religious agents to care for the Indians that go upon reservations; to distribute the goods and provisions that are purchased for them by the benevolence of the Government; to aid in their intellectual, moral, and religious culture, and thus to assist in the great work of humanity and benevolence, which the policy aims to accomplish. Fifth; it is the further aim of the policy to establish schools, and, through the instrumentality of the Christian organizations acting in harmony with the Government, as fast as possible, to build churches and organize Sabbath-schools, whereby these savages may be taught a better way of life than they have heretofore pursued, and be made to understand and appreciate the comforts and benefits of a Christian civilization, and thus be prepared ultimately to assume the duties and privileges of citizenship. These are the aims and purposes of the peace policy, briefly stated, and must commend themselves to every right-minded citizen as in keeping with the duty of a powerful, and intelligent nation towards an ignorant and barbarous race providentially thrown upon it for control and support.

It was not, of course, to be expected that so radical a change in the management of widely-scattered bands of roving Indians, whose only restriction hitherto had been their own capricious inclinations, and who roamed at will oyer vast regions of country, could he effected without resistance on their part and a show of force on the part of the Government. Such a result was never anticipated, even by the most sanguine


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Rh friends of the new policy, and the various impediments which have from time to time intercepted and obstructed the operations of the Indian Bureau have not, therefore, discouraged the reasonable hopes of final success which its active friends have always entertained. Satisfactory progress towards the accomplishment of the ends sought to be attained by this policy has already been made, fully justifying the hope that it will eventually achieve the end in view.

As the Department progresses in securing the adoption of this policy, the impediments are developed and modifications in details are suggested as necessary to give it greater efficiency and adaptability to the work in hand. Among these impediments is the practice, which has obtained for many years, of paying annuities to certain tribes, in money, in accordance with treaty stipulations, in lieu of goods and subsistence stores. It seems to he an unvarying result of such payments in money that the Indians are in worse condition in every respect than if they received payment in goods and supplies, and it appears in many cases that those receiving the most money are in the worst condition. Money seems to brutalize instead of civilizing, as they are ignorant of its value and unable to use it with any discretion. The result is, that in a short time after the receipt of the cash annuities they are often found in a state of great destitution. The recommendation of the Commissioner of Indian Affairs that such payments be hereafter made in goods and supplies, even if it be found necessary to modify the treaties to enable the change to be made, meets with my unqualified approval. In this connection I desire to refer particularly to certain moneys due to the Prairie band of Pottawatomies, as well as certain sums which are expected soon to be to the credit of the Kansas Indians, which, under existing treaty stipulations and laws, are required to be paid to said bands of Indians respectively. It is very desirable, in my opinion, that the sums here referred to should be held and regarded by the Government as funds for the civilization of these several bands of Indians; that it would be demoralizing, and therefore improper to pay said sums over to the Indians to be squandered.

I shall, therefore, present to the proper committees of each House of Congress, during the present session, bills providing that the sums of money here referred to he invested in Government bonds and placed to the credit of said Indians respectively, for the purpose of their civilization, to be used by the Commissioner of Indian Affairs for that object, both interest and principal, at such times and in such manner as the President of the United States may direct.

It is likewise detrimental to the substantial improvement of the race that they are compelled to hold their lands in common. Such community of interest operates as a premium upon indolence and unthrift, and places a discouraging burden upon those who are willing to work and who desire to acquire property. As fast as practicable, and


text: Respublica v. Doan

title: Respublica v. Doan


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688 a disposition is manifested by an Indian to improve a separate tract of land and secure the comforts of a permanent home, a farm of suitable area should be set apart and secured to him for his exclusive occupancy and improvement, and he should be aided by donations of stock and farming implements, out of the annual appropriations for his tribe.

The first steps toward the permanent settlement of Indians in fixed homes is the establishment and rigid enforcement of regulations to keep them all upon reservations. This can only be done, at present, upon some of the reservations by a display of a sufficient military force near the reservation to punish all violations of such requirements. It is believed that many Indians who are subsisted by the Government persist in making foray upon white settlements and upon neighboring tribes, and then retreat to the refuge of their reservations where they can secure their spoils, and be fed and recuperated for fresh outrages. It will be found to be a measure of mercy to all if such Indians can be punished as they deserve.

Serious complaints are made to the Department relative to the presence, upon Indian reservations, of white men, who go there solely for the purpose of hunting buffalo, which are thus destroyed in large numbers. While I would not seriously regret the total disappearance of the buffalo from our western prairies, in its effect on the Indians, regarding it rather as a means of hastening their sense of dependence upon the products of the soil and their own labors, yet these encroachments by the whites upon the reservations set apart for the exclusive occupancy of the Indian is one prolific source of trouble in the management of the reservation Indians, and measures should be adopted to prevent such trespasses in the future, or very serious collisions may be the result. The Government has a two-fold object in confining Indians to reservations: to prevent their encroachments upon white settlers, and to isolate them as far as possible from association with white people. This cannot be accomplished if whites are allowed to trespass at will upon reservations. These remarks apply with greatest force to the so-called Indian Territory south of Kansas.

The policy of enlisting friendly Indians as scouts and auxiliaries in punishing hostile tribes has obtained for some years in the Army, and Indians so serving have rendered valuable service, and received honorable mention in the reports of military officers, and have even been recommended as worthy of receiving certificates of merit for acts of special gallantry. It has been objected to such enlistments that they tend to intensify and perpetuate traditional inter-tribal feuds, and should, therefore, be avoided. Take for example the Rees and other tribes at the Fort Berthold agency, in the Territory of Dakota, in their relations


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Rh to the neighboring bands of Sioux. The valuable services of the former have been recognized by Generals Stanley and Crittenden, but these tribes have suffered in consequence by the depredations of the Sioux. I recommend a careful consideration of this subject as one of the utmost importance, but am not prepared to give it my approval, in view of the fact that its propriety is questioned by many of the most judicious friends of the Indian cause, whose opinions are entitled to great weight. If such enlistments are to be made, however, we should do all that is necessary to strengthen the tribes from which recruits are enlisted by liberal supplies and improved arms, thus enabling them not only to defend themselves more effectually, but to render more efficient service to the Government. The complaint is now made by some of the friendly tribes thus circumstanced, that the bounty of the Government is dispensed in direct proportion to the hostility of a tribe, and that those which have been friendly from their own voluntary choice are left for the most part to their own resources.

The Sioux Nation is almost completely surrounded by tribes that are really friendly to the Government. and at the same time bitterly hostile to the Sioux. If these friendly tribes could be liberally supplied with improved firearms and ammunition, the present supremacy of the Sioux might in a few years be destroyed with but little aid from the Army, and quiet would prevail over the vast extent of country now roamed by that powerful nation.

Attention is invited to the eleventh article of the treaty of 1868 with the Sioux Nation, granting them certain hunting privileges within the State of Nebraska, and without the bounds of their reservation. On account of the violation of the other provisions of that treaty by the Sioux, and the scarcity of game in the country referred to, the Government will, I think, be justified in abrogating that article, and I respectfully suggest such action.

Satisfactory progress has been made within the year in the reduction of the area of existing reservations, in the exchange of reservations lying within the range of advancing settlements and railroad construction for other locations equally desirable for all purposes of Indian occupancy, as well as in bringing tribes upon reservations for the first time, and in the removal of other tribes to the Indian Territory. All this is the legitimate result of the working of the existing policy, and the efforts of the Department in that direction have been unremitting. Several important negotiations have been concluded during the year looking to the change in the location of tribes and the reduction in the area of reservations.

It will be found by an examination of these negotiations that by the treaty with the Crows their reservation has been reduced by 4,000,


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690 of acres. Their present treaty appropriation, amounting to $130,000 per annum, expires with the present year, and by the terms of the negotiations under which they release the 4,000,000 acres of land above referred to, the Government will be required to pay them $50,000 per annum, a reduction of $80,000 per annum. In the negotiations with the Utes they relinquish between 4,000,000 and 5,000,000 acres of land, at an annual compensation of $25,000. Their present treaty appropriation, amounting to $20,000 per annum, expires with the present year. The net gains under the two negotiations in the annual expenditure of supporting these tribes amounts to 875,000, as compared with the expenditures of former years. The terms of these negotiations provide for the payment of the respective amounts named in such articles as the President may direct, which is in conformity with a suggestion made in a previous portion of this report, that further payments of annuities in money, to Indians, should cease. These negotiations will be submitted to Congress for action. The result, if ratified by Congress, will be to release a large area of valuable agricultural and mineral land, thereby enabling our white settlements to advance and occupy a desirable portion of the public domain. In this work the Department is greatly indebted to Bon. Felix R. Brunot, president of the Board of Indian Commissioners.

While there have been no extensive Indian depredations during the year there may have been an apparent increase in the number of petty raids and depredations. These have, without doubt, been magnified and attributed to a supposed failure of the policy, or its want of adaptation to the management of all the tribes. If there really be an increase of these occurrences it is clearly attributable to other causes, and is not unexpected. Our relative position towards the Indians is materially changed within the last few years.

The progress of population, through the instrumentality of railroads and other facilities for travel, has brought the Indians and our frontier population into close proximity over an immense area of country hitherto uninhabited by civilized man, and entirely occupied by the Indian and the buffalo. Where difficulties arise between Indians and whites in our frontier settlements we can no longer, as heretofore, mitigate or avoid the trouble by removing the Indians into a country remote from civilization. We are now compelled to solve the question of preserving order and security between the Indians and whites through a vast region of country, not less than four thousand miles in length by twenty-five hundred in width, extending from the extreme northern and northwestern limits of Washington Territory to the Gulf of Mexico, and from the line which separates the United States from the British possessions in the North to the line which separates the United States from the territory of Mexico in the extreme southwest. Everywhere and in all places throughout this extensive region we are in constant danger of


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Rh conflicts between our savage wards and our white citizens. The statement here made, if properly considered, will suggest to the reflecting mind how greatly increased are the difficulties of preserving peace, and securing everywhere the lives and property of our progressive and enterprising western settlers We must look for and prepare to prevent, as far as possible, a clashing of interests where habits are so diverse.

Our civilization is ever aggressive, while the savage nature is tenacious of traditional customs and rights. The natural distrust of the Indians, embittered by generations of real or fancied imposition and wrong, coupled with the greatly increased facilities and temptations for hostile raids and petty outrages is probably more than Indian nature can withstand, and it will be difficult to avoid for a time an increase of such occurrences. This condition of things calls loudly for more efficient efforts to separate the Indians from the whites by placing them on suitable reservations as fast as circumstances will permit to avoid such collisions in the future,

THE MODOC WAR.

The most serious diffiiculty which the Indian Office and the Department have encountered during the year with any Indian tribe is that known as the Modoc war. As soon as I had reason to anticipate serious hostilities from the Modocs every possible effort was made by the Department and the Indian Bureau, co-operating with the War Department, to adjust the difficulty without bloodshed. So desirable was it to accomplish this end that it was deemed advisable to exhaust all possible measures calculated to secure peace. Unfortunately, however, so much excitement and so strong a desire for revenge were found to exist as to prevent the accomplishment of this object. It would be useless to attempt to trace here the causes which defeated these efforts and ended in the sad catastrophe with which the country is familiar. The final treachery of the Modoc chiefs, which culminated in the assassination of Maj. Gen. E. R. S. Canby, of the Army, and Rev. Edward Thomas, D. D., of California, one of the commissioners treating with him for a peaceful adjustment of the difficulties, and in the serious and dangerous wounding of A. B. Meacham, of Oregon, another member of the commission, rendered it necessary to inflict upon this tribe not only severe but exemplary punishment. This was accomplished, first, by the Army in totally subduing the Modocs and capturing most of the tribe, in the trial and conviction by court-martial, and finally in the execution of the most notorious and wicked leaders of the tribe. This being accomplished you deemed it advisable, if possible, to make this the occasion of furnishing to other Indian tribes an example calculated to deter them in future from the commencement of hostilities. To do this most effectually it was deemed best to remove the entire remnant of the tribe to this side of the Rocky Mountains, to break up its tribal relations and divide the members thereof among certain friendly Indians in the Southern superintendency. This work is now in process of accomplishment,


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692 the entire body having been removed to the location indicated. It is now the intention of the Government to separate the members of this tribe and place them with different bands of Indians, taking care in doing this not to separate families, and to keep together, as far as possible, women and children whose husbands and male relatives were destroyed in the conflict.

The Indian is greatly attached to his tribal organization, and it is believed that this example of extinguishing their so-called national existence and merging their members into other tribes, while in reality a humane punishment, will be esteemed by them as the severest penalty that could have been inflicted, and tend by its example to deter hostile Indians in future from serious and flagrant insurrections.

The experience which the Modoc difficulty has furnished the Indian Office will, it is believed, enable that office to take measures calculated to prevent the recurrence of like difficulties under similar circumstances.

The condition of the so-called Indian Territory is practically unchanged during the year, although progress has been made in the permanent location of additional tribes therein. The lawless condition of the Territory, the growing insecurity of life and property, and the manifest indisposition of the tribes there resident to accept voluntarily any improved form of government whereby existing difficulties might be avoided, would seem to call for some legislation to effect an improvement in the status of the Territory. It is to be regretted that the Ocmulgee constitution, with the amendments heretofore suggested by you, was not adopted by the council of tribes to whom it was submitted, as I am well convinced that such action on their part would have been attended by the most beneficial results. Recent information induces the belief that the opposition heretofore offered to those amendments by the Indians will be withdrawn at the next meeting of their council, and that the constitution will be adopted as amended. If it shall not be adopted, and Congress shall not deem it advisable to erect a territorial government within the Indian Territory, I trust that the necessary legislation may be obtained to at least provide for the organization of a court or courts therein, under the jurisdiction, so far as the appointment of the judicial officers is concerned, of the Federal Government. The necessity which now compels the resort to a court in an adjoining State involves a burden of expense to litigants as well as to our Government which operates as almost a bar to justice, and produces a condition of anarchy throughout the Territory under which life and property are in jeopardy to an extent almost equal to that in territory occupied by tribes making no pretense of civilization.

Attention is invited to the condition of the so-called Mission Indians of Southern California, as set forth in the interesting report of the


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Rh special agent sent to investigate their condition, and which accompanies the report of the Commissioner of Indian Affairs. Their past history and present condition, the treatment they have received from their white neighbors and from the Government, offer the strongest reasons for legislation in their behalf that they may be enabled to secure to themselves homes and the protection of the law.

I take pleasure in being able to say that this Department has had during the past year the cordial and earnest co-operation of the Secretary of War and the officers of the Army in carrying out its policy of dealing with the various Indian tribes. This, with the valuable aid and assistance which has been rendered by the Board of Indian Commissioners, and especially its President, Hon. Felix B. Brunot, and the various religious organizations by whom the Indian agents of the Government are selected, has materially aided the Department in its difficult and complicated labors. A continuance of this work, sustained by the other branches of the public service just referred to, will, I have no doubt, in a few years, result in greatly improving the moral and physical condition of the Indians, and in giving security to our frontier settlements from Indian depredations, as well as in laying a permanent foundation for the progress of our various Indian tribes in the pursuits of peace and civilization.

During the fiscal year ending June 30, 1873, public lands were disposed of as follows:

This quantity exceeds that disposed of during the previous year by 1,165,631.23 acres.

The cash receipts were $3,408,515.50, a sum greater by $190,415.50 than that received the previous year.


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694 The surveys amounted to 30,488,132.83 acres, an increase on the quantity surveyed the previous year of 1,037,193.28 acres. The total area of the land States and Territories is 1,834,998,400 acres, of which 616,554,895 acres have been surveyed.

The Commissioner states that the arrearages of work in his office have been diminished, and that its business is now, in most of its branches, in an advanced condition. This business is, however, steadily increasing pari passu with the tide of immigration to the frontier; and to keep it in a satisfactory state will require a thorough re-organization of the clerical force. I would respectfully and earnestly invite the attention of Congress to the Commissioner's suggestions on this head, as well as to those concerning the expediency of repealing the pre-emption laws and requiring settlers on the public lands to obtain title thereto under the homestead laws only.

The report of the commissioner contains much valuable information; the principal rulings of the office and of the Department during the last fiscal year; circulars to carry into effect recent legislation relating to the public domain; all showing this important branch of the public service to be wisely managed by its energetic and capable head.

I desire to invite the attention of Congress to a request from a colony of Mennonites, now and for several generations residing in Southern Russia, near the shores of the Black Sea and the Sea of Azov, for a modification of the existing land laws in certain particulars, to enable them to settle upon our public domain in a compact colony.

By a decree of the Russian government this people, numbering between forty thousand and fifty thousand persons, have been deprived of certain immunities which they have enjoyed ever since their first settlement in Russia, and the granting of which had originally induced them to leave their former homes in Prussia and settle in their present place of abode.

It is their desire to come to the United States and to occupy a portion of our public lands in a compact body, with no strangers to their religious faith within the exterior bounds of their possessions. Such exclusive occupancy they deem essential to enable them to carry out their peculiar system of farming, which to some extent involves a community of interest in and occupancy of the lands; and they also wish to avoid, as far as possible, the presence of any disturbing elements in their immediate neighborhood.

The deprivation of the immunities heretofore enjoyed by them does not take effect until the expiration of ten years from June, 1871, the date of the imperial decree. Within that time it is their desire to dispose of their property in Russia, and remove to a country where they may enjoy civil and religious liberty; and they have selected the United States as a place where they can most fully realize such freedom.

In order, however, to enable them to obtain possession of lands in a


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Rh compact body, some concessions must necessarily be made from the present requirements of the land laws. I would respectfully suggest that the Secretary of the Interior be authorized to withdraw from sale or entry such lands as they may desire to occupy, for a term of years long enough to enable them to emigrate to this country and settle thereon, and to dispose of such lands to those persons among the emigrants who shall make the proper entry or purchase thereof in accordance with existing laws. Should they desire to settle within railroad limits, the authority should enable the withdrawal, in like manner, of the alternate sections belonging to the Government. It is possible that the entire body of emigrants may not desire to locate in one colony, but would prefer the selection of two or more colonies or locations. It would be well, therefore, to confer such discretion on the Secretary of the Interior as would enable him to meet their views in that regard. The entire area they will probably require will be about 500,000 acres.

The Secretary of State has called my attention to a communication from Sir Edward Thornton, the British minister, who, under instructions from his government, has asked the consideration of the case of those persons, subjects of Great Britain, who had settled upon the islands between the continent and Vancouver's Island, which were confirmed to the United States by the decision of the Emperor of Germany. And the Secretary of State, after calling the attention of the Department to this subject, has inquired whether he may be justified in saying to the British minister that this Department will be prepared to recommend to Congress any legislation on this subject at the approaching session, and also to ask, in case any legislation will be recommended, that, if there be no objections, he may be informed of the provisions which Congress will be asked to enact into a law.

The third article of the treaty of June 15, 1846, above referred to, is in the following words:

The construction placed upon this article of the treaty by those most familiar with its history is that the possessory rights of the Hudson's Bay Company, and all British subjects who were in the occupation of land or other property within said territory at the date of the treaty, are the only possessory rights to be respected. I have concluded to follow this construction.

I have therefore advised the Secretary of State that this Department


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696 will be prepared to recommend to Congress the passage of a law providing in substance as follows:

First. For the appointment of a commission to make, and report to the Secretary of the Interior, a list of the British subjects within said territory at the date of the treaty of June 15, 1846, with a description of the lands actually occupied by each at that time.

Second. That such parties shall have one year from the date of the filing of such report with the Secretary of the Interior in which to enter and pay for the lands so occupied by them, at the ordinary minimum price per acre where the lands are outside of railroad limits, and at double minimum price where the lands are within railroad limits. The entry to be according to legal subdivisions so as to include the improvements of occupants, and where two or more parties shall have improvements on the same smallest legal subdivision, that they may be entitled to make joint entry.

Third. That in case entry and payment are not made within one year from the time when the report of the commission is filed in the office of the Secretary of the Interior, all possessory rights under the treaty shall be considered forfeited, and the lands shall thereafter be deemed and treated as part of the public domain, to be disposed of as other public lands.

I have therefore respectfully to recommend the adoption by Congress of some measure which will embody the principles contained in my communication to the Secretary of State herein referred to.

Should Congress be of opinion that the construction of the third article of the treaty of 1846 which I have adopted is incorrect, and that it should be so interpreted as to embrace the possessory rights of all persons who were occupants of land or other property, lawfully acquired, at the date of the award of the Emperor of Germany, before referred to, it will be in their power to enlarge the scope of the measure which I here recommend so as to include this class of persons.

If grave doubts are found to exist in regard to the interpretation of this article, and if, in view of such doubts, it shall appear to Congress that some equitable provision should be made for such persons as may have acquired possessory rights within the territory after the date of the treaty of 1846, it will be in the power of Congress to make such provision for these equitable rights as in its wisdom may be deemed advisable.

Should such doubts arise, it may be proper, if any legislation is had for the protection of the equitable rights of persons coming into the territory after the date of the treaty, that it be limited so as to prevent any occupant of this class acquiring more than one quarter-section of land.

On the 3d of March last an act was approved entitled "An act to encourage the growth of timber on western prairies," the first section


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Rh of which provides, "That any person who shall plant, protect, and keep in a healthy, growing condition, for ten years, forty acres of timber, the trees thereon not being more than twelve feet apart each way, on any quarter-section of any of the public lands of the United States, shall be entitled to a patent for the whole of the said quarter-section, at the expiration of said ten years, on making proof of such fact by not less than two credible witnesses: Provided, That only one quarter in any section shall be thus granted."

The Commissioner of the General Land-Office, in preparing rules and regulations under the sixth section of the above act, in order to carry its provisions into effect, refused to permit more than one entry of a quarter-section to be made by any one person.

It is claimed, on the other hand, that this act permits any person to make entry of as many quarter-sections as he sees fit.

While it may not be perfectly clear that the ruling of the Commissioner is according to the true legal interpretation of the act, it seems to me that it is in accord with the general purpose of Congress in disposing gratuitously of the public domain, and that to allow a contrary interpretation would be to encourage the incumbrance of the public domain, by entries of this character to a large amount, by persons whose circumstances enable them to make the necessary expenditures, whereby the public lands would be withdrawn from the free and easy settlement now secured to persons of moderate means; and that, in this manner, considerable inconvenience and injustice to pre-emptors and homestead-settlers would necessarily ensue.

I have deemed it best, therefore, to sustain the construction put upon the act by the Commissioner of the General Land-Office, and, in this manner, to invite the attention of Congress to the subject, so that, if deemed necessary, they may declare distinctly the right of any one individual to make as many locations as he sees fit under the aforesaid act.

During the year ending September 30, 1873, there were filed in the Patent Office 20,354 applications for patents, including re-issues and designs; 283 applications for the extension of patents; and 519 applications for the registering of trade-marks. Twelve thousand nine hundred and seventeen patents, including re-issues and designs, were issued, 235 extended, and 965 allowed but not issued by reason of non-payment of the final fee; 3,274 caveats were filed, and 475 trade-marks registered. The fees during the same period from all sources amounted to $701,626.72, and the total expenditure to $699,449.69, making the receipts $2,177.03 in excess of the expenditure. The appropriation asked for the fiscal year ending June 30, 1875, is $693,500.

The excess of receipts over expenditures for said year is not,


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698, so great as during previous years. This is explained by the following statement of the Commissioner:

The publication of the Official Gazette of the office requires an annual expenditure of $40,000, but a small portion of which is at present returned to the office by subscription. It has been deemed advisable to publish an edition of 10,000 copies, although less than half of that number are now distributed. Subscriptions, however, are being constantly received, and the back numbers are invariably called for. The Commissioner expresses his conviction that the entire edition will be exhausted within a few years. During said year the cost of printing the current drawings for the office has been paid from the appropriations made for the Patent Office. Previously that expense had been defrayed from appropriations made for the Government Printing Office. This expense, amounting to $40,000 annually, has thus been added to the regular expenditures of the office; but it is, in effect, only a transfer from appropriations made for the Government Printing Office to those for the Patent Office. The sum of $60,000 has been expended in the reproduction of old drawings, but this amount appears to be no part of the current expenses of the office. The Commissioner states that in a few years all of the old drawings will be reproduced in such quantities as will supply the future demand for them. He considers the amount thus expended well invested, not only financially, but with reference to the intelligent advancement of the manufacturing interests of the country. The drawings are being sold for more than their actual cost, and it is believed that a greater amount will eventually be received from their sale than has been expended for their reproduction.

The items above referred to amount to $140,000, which sum has been added, during the year ending September 30, 1873, to the regular current expenses of the office in previous years, and has absorbed almost the entire amount of the excess of receipts over expenditures which would otherwise have existed.

The Commissioner again earnestly invites attention to the great want of additional room for the proper transaction of official business, stating that it is utterly impossible to properly classify the work of the office, in order to insure its being economically and properly done, in the present crowded state of the files, records, and exhibits.

There are now borne upon the pension-rolls the names of 445 widows of soldiers in the revolutionary war, a decrease of 26 since the last annual report. The names of 1,105 widows and children of soldiers who served in the wars subsequent to the Revolution and prior to the late rebellion, excepting the war of 1812, are borne on the rolls, being 52 less than the preceding year.

During the year ending June 30, 1873, there were examined and allowed 6,422 original applications of soldiers for invalid pension, at an aggregate


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Rh annual rate of $413,344.50; 20,946 applications of soldiers for increased pension, at an annual aggregate rate of $920,930.25; and 251 applications of invalid pensioners for restoration to the rolls, at an aggregate yearly rate of $12,868.92. The number of claims for increased invalid pensions of soldiers is greatly in excess of previous years, owing to the liberal provisions of the act of June 8, 1872; 15,505 claims, or more than three-fourths of the number above named, having been admitted under said act. During the same period 3,949 original pensions to widows, orphans, and dependent relatives of soldiers were allowed, at an annual aggregate rate of $520,802.07; 545 applications of the same class for increase of pension were admitted, at a total yearly rate of $20,108.87; and 73 applicants of that class were restored to the rolls, at an aggregate annual rate of $8,034. The whole number of Army claims for pensions, original, increase, and restoration, and exclusive of those of the war of 1812, which were allowed during the said year, was 32,186, and the annual amount of pension thus granted was $1,896,088.61. At the close of the last fiscal year there were borne on the rolls the names of 99,804 invalid military pensioners, whose yearly pensions amounted to $9,627,240.09; and of 112,088 widows, orphans, and dependent relatives of soldiers, whose annual pensions amounted to $13,962,764.39; making the aggregate number of Army pensioners 211,892, at a total annual rate of $23,590,004,48$23,590,004.48 [sic]. The whole amount paid during said year to invalid military pensioners was $10,564,825,51$10,564,825.51 [sic], and to widows, orphans, and dependent relatives, $15,388,644.75; a grand total of $25,953,470.26, which includes the expenses of disbursement.

During the same year there were admitted 129 new applications for invalid Navy pensions, at a total yearly rate of $15,421; 239 applications of the same class for increase of pension, at an annual aggregate rate of $11,086; 1 application of that class for restoration to the rolls, at an annual rate of $48; 124 original applications of widows, orphans, and dependent relatives of those who died in the Navy, at an aggregate yearly rate of $20,184; 31 applications of the same class for increase of pension, at a total annual rate of $1,500; and 6 applicants of that class were restored to the rolls, at an aggregate annual rate of $1,200. The total number of Navy claims, original, increase, and restoration, admitted during said year, was 530, the annual pension thereby granted amounting to $49,439. At the close of said year there were borne on the rolls of Navy pensioners the names of 1,430 invalids, whose yearly pensions amounted to $150,537.75; and of 1,770 widows, orphans, and dependent relatives, at a total yearly rate of $280,550, making the whole number of such pensioners 3,200, at an aggregate annual rate of $431,087.75. The total amount paid during the last fiscal year to Navy invalid pensioners was $160,971.98, and to widows, orphans, and dependent relatives, $302,936.71, a total amount of $463,908.69.

Prior to June 30, 1873, 39,331 claims of survivors and of widows of


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700 soldiers in the war of 1812 had been received, of which number 2,780 were filed during the last fiscal year. There were pending on the 30th day of June, 1872, 11,580 claims of this character, which, added to the number received during the succeeding year, makes a total of 14,360 claims which were before the office for adjudication during said year. Of these there were allowed during the year 3,186 claims of survivors, at a total yearly rate of $305,856; 2,242 claims of widows, at an aggregate yearly rate of $215,232; 16 claims of survivors and 6 of widows for restoration, at a total annual rate of 2,112; making the total number of claims of this character allowed during said year, 5,450, and the annual amount of pensions thus granted, $523,200. During the same period there were rejected 3,933 claims of survivors and 2,082 of widows a total of 6,015 claims. On the 1st instant there were pending 2,895 claims of this description, more than half of which are believed to be without merit, and will probably be rejected. The total amount paid during the year to survivors of the war of 1812 was $2,078,606.98, and to widows, $689,303.69, a total amount of $2,767,910.67, including the expenses of disbursement.

The number of original pensions of all classes granted during the past Fiscal year was 16,405. During the same period there were dropped from the rolls, from various causes, 10,223 names, leaving a net addition to the pension-rolls during said year of 6,182 names. The whole number of pensioners of the Government on the 30th day of June, 1873, was 238,411, whose annual pensions amount to $26,259,284.23. The amount paid during said year for pensions of all classes, including the expenses of disbursement, was $29,185,289.62, being $984,050.38 less than the amount paid during the preceding year.

Three hundred and forty bounty-land warrants were issued during the year tor 52,160 acres, being 15,880 less than the number of acres issued for the preceding year. During the same period 1,398 persons availed themselves of the benefits of the act of June 30, 1870, providing for artificial limbs and apparatus for resection, or commutation therefor, of whom 1,332 preferred the latter.

On the 30th day of June, 1873, there were on file, unadjusted, 32,054 claims for invalid pension, 29,615 claims of widows, orphans, and dependent relatives, and 3,004 claims of soldiers and of widows of soldiers in the war of 1812, making a total of 64,673 unadjusted claims, a decrease of 17,845 since the last annual report.

The Commissioner, in his report, refers to certain defects in the system which has obtained with respect to the establishment of claims for pension, and expresses the opinion that, until such defects are remedied by new legislation, there is no adequate security to the Government against dishonest claimants. The work of investigating frauds, committed by dishonest claimants and attorneys, has continued during the year, with its customary good results. The direct saving to the Government effected by these investigations is many times greater than the sum


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Rh expended in making them, and sound policy dictates that they should be continued. While the efforts made by those charged with the duty of detecting frauds already committed are generally successful, it is apparent that they are powerless, under the present system of establishing pension-claims, to prevent their commission.

The act of March 3, 1873, provided for the appointment of a "duly qualified surgeon as medical referee," and of such other "duly qualified surgeons (not exceeding four)" as assistants to such referee. This legislation supplied a want which had long existed in the administration of the office. Inasmuch as in a large proportion of claims for invalid pension the question of title thereto is purely of a medical character, it had been found necessary in past years to organize a medical division in the office, but no direct provision therefor was made by law until the passage of said act. That division is now organized upon a legal basis, and is in the charge of a chief whose official position is established by law. An accomplished surgeon, who had previously been in charge of the medical division, was appointed medical referee, and his four assistants were selected from among those of the clerical force of the office who, upon a competitive examination, conducted with reference to the special qualifications required, were found to be the most competent for such positions. The certificates of the examining surgeons of pensions constitute a very important feature of claims of invalids, inasmuch as they prescribe in a great measure the rates of pension allowed. In order to guard against an improper expenditure of the public money, on the one hand, and to insure justice to claimants on the other, it is essential that such certificates should be the result of the best medical judgment attainable, and that they should be analyzed and corrected by the office, so as to secure proper and uniform rating of pensions. The roster of examining surgeons is constantly undergoing changes with a view to greater efficiency, and its members have been thoroughly instructed in respect to their duties. An evidence of the efficiency with which the medical division has labored in this direction is shown by the fact that only about five per cent. of the certificates of examination are at present returned for correction to the surgeons making them, whereas two years ago about forty per cent. thereof was returned for that purpose. The improvement in the character of such certificates, and the careful and intelligent supervision of them by the medical division, has resulted in a more uniform and equitable adjudication of claims for invalid pension than has ever been attained hitherto in the practice of the office.

The Commissioner suggests that the law in relation to pensions of Indians be amended in certain particulars, so as to enable the office to do justice to a class of persons whose equitable claims upon the bounty of the Government have been long delayed.

Owing to recent modifications of the pension laws, which compelled the re-adjustment of an unusual number of claims, the work of the office


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Rh Three other grand diplomas of honor, viz, to the State of Massachusetts, the city of Boston, and to the Smithsonian Institution, respectively, as well as many medals and diplomas of merit to various cities of the United States for their contributions to the educational department of the exposition, were awarded.

The Commissioner recommends an increase of the permanent force of the office commensurate with the increasing amount of work to be done, an appropriation for book-cases and record-cases, additional funds for the publication of circulars of information to meet the increasing demand for the same, the passage of a law requiring annual reports respecting the condition of education in the Territories for the information of Congress and the public, the setting apart of the net proceeds of public land-sales in behalf of public instruction, and the printing of a larger number of his annual report.

"The report of the Superintendent of the Census details the work of that office during the past year, in supervising the printing and publication of the voluminous reports of the ninth census; in adjusting under the act of Congress approved March 3, 1873, the accounts of assistant marshals at the eighth census in the Southern States; in conducting current correspondence; and in placing the records and files of the office in shape for use and reference at future censuses. It will be seen that the three quarto volumes, comprising the complete reports of the ninth census, as well as the compendium provided for by the concurrent resolution of Congress passed on May 31, 1872, have issued from the press since the date of the last annual report of this Department. Eight hundred and twenty-eight accounts of assistant marshals at the eighth census, which have for twelve years been suspended for proof of loyalty, have been adjusted, in a total sum of $164,341.53, and forwarded to the Treasury Department for payment. The force of the office has meanwhile been rapidly reduced. Now that the last of the great body of manuscript record brought into the Department by the enumeration of 1870 has been arranged, one clerk, it is believed, will suffice, as in the interval between the eighth and ninth censuses, to conduct all the correspondence and perform all the duties relating to this branch of the public service.

At the date of my last annual report the duties of the Superintendent of the Census under my appointment were discharged by the Commissioner of Indian affairs, Hon. Francis A. Walker, who had held the office of superintendent prior to his appointment to the Indian Bureau. On the resignation of Commissioner Walker, February 1, 1873, to accept a position in private life, I requested him to continue his charge of matters relating to the census, in order that the continuity of plan and procedure might not be unnecessarily interrupted. In compliance with this invitation Mr. Walker duly qualified, and has continued to act as


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704 Superintendent of the Census until the present time, without salary, giving to the work so much of his time and attention as was required.

I respectfully renew my recommendation for a census to be taken in 1875, the results of which could be published in season for the centennial celebration of the Independence of the United States. The suggestion to this effect contained in the last annual report of this Department has received the cordial approval of a large portion of the press of the country. It is scarcely possible to doubt that authentic information respecting the increase in population and wealth during any term of five years would well repay its cost in directing our industrial development, as well as through the better information of Congress respecting the condition, wants, and capacities of the people. But there appears to me to be a peculiar fitness in thus ascertaining by official count our numbers and resources at the close of the first century of the national life, and exhibiting to the world, in this conspicuous manner, the wonderful effects wrought by the social, industrial, and political freedom which the people of the United States have enjoyed. I sincerely trust that this measure may receive the early and favorable attention of Congress.

The subscriptions to the stock of the Union Pacific Railroad Company amount to $36,783,000, of which $36,762,300 has been paid. The receipts for the year ending 30th June, 1873, from the transportation of passengers were $3,786,208.20; of freight, $5,024.998.37; and from miscellaneous sources, $822,758.52; total, $9,633,965.09. The entire cost of the road and fixtures to said date was $112,259,336.53, and the operating expenses of the road for the last fiscal year (ending 30th June, 1873) were $4,697,999.50. The total bonded indebtedness of the company at the end of that year amounted to $75,427,512, of which $27,236,512 is due to the United States. The "floating debt" to same period (not including the company's note for $2,000,000 issued to the Hoxie contract) amounted to $1,940,239.73, and "exchange loans," £120,000.

The Central Pacific Railroad Company by consolidation (as heretofore reported) embraces, besides the original company of that name, also the Western Pacific, the California and Oregon, the San Francisco and Oakland, and the San Francisco and Alameda Companies. Stock to the amount of $62,608,800 has been subscribed, and $54,275,500 paid. The receipts for the year ending June 30, 1873, from transportation of passengers were $4,388,307.14, and of freight, $7,277,482.33; total, $11,665,789.47. The operating expenses of the road for the year were $5,349,425.21, leaving not earnings to the amount of $6,316,364.26. At the close of said year the indebtedness of the company amounted to $85,433,816.60, of which $27,855,680 was to the United States.

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Rh Company is $1,000,000, of which $980,600 has been paid in. The receipts for transportation of passengers for the year ending June 30, 1873, were $48,591, and for freight $71,071.91; total, $119,662.91. The expenses of the road and fixtures have been $3,723,700 The expense of the road for the fiscal year ending as above stated is $172,231.44. The companys indebtedness (in addition to the first-mortgage bonds, $1,600,000, and the Government loan, $1,600,000) is $303,058.45.

The amount of stock of the Kansas Pacific Railway Company subscribed is $9,992,500, and the amount paid is $9,655,950. Total amount of stock allowed by law, $10,000,000 The receipts for the transportation of passengers for the year ending June 30, 1873, are $1,393,633.96; for freight during same period, $2,285,038.52; miscellaneous earnings, $69.617.34; total, $3,748,289.82. The cost of construction and equipment of 639 miles of main line, and 33 miles of branch line (672 miles) has been $33,392.840.66. The total funded debt of the company is $27,452,100, of which $6,303,000 is due the United States. Other liabilities and indebtedness, $2,996,148.97, total, 830,448,248.97.

The amount of the stock of the Denver Pacific Railway and Telegraph Company subscribed and paid in is $4,000,000 The receipts for the year ending June 30, 1873, for transportation of passengers were $173,720.58; of freight, $149,012.42; and from miscellaneous sources, $13,215.25; total, $335,948.25. The cost of construction and equipment of the road to the date above stated was $6,493,800, and the indebtedness of the company to that date was $2,513,747.16.

Stock of the Sioux City and Pacific Railroad Company to the amount of $4,478,500 has been subscribed, of which $1,791,400 has been paid in. The receipts for the year ending June 30, 1873, from the transportation of passengers were 873,460.84; of freight, $169,507.36; of mails, $7,299.98; from express, 82,617.3S; and from miscellaneous sources, $9,044.56, total, $261,930.12 The expenses during that period were $201,164.60, leaving net earnings, $60,765.52. The indebtedness of the company is $3,339,743.80, of which $1,628,320 is due to the United States. This road commences at Sioux City, Iowa, and extends to Fremont, Nebr., where it intersects the Union Pacific Railroad, a distance of 101 miles.

At the close of the fiscal year ending June 30, 1873, the amount of subscribed stock of the Southern Pacific Railroad Company of California was $13,189,400; of which $11,965,400 was paid. Explorations and examinations of former preliminary lines have been continued since the last report amounting to 750 miles; 114 miles of road have been permanently located, and 64 completed. Twenty miles of this latter distance is on the route from Tipton to Delano, and 50 miles (commencing at the San Fernando Pass via Los Angeles, thence toward San Bernardino, ending about 29 miles easterly from Los Angeles) on the line from Tehachapi Pass to Fort Yuma. Forty-two and one-half miles have been completed on the branch line in the Salinas Valley. The


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706 cost of the surveys to June 30, 1873, has been $105,000. The amount received for the transportation of passengers for the fiscal year was $469,789.63; of freight, $486,465.37; total, $956,255. The expenses of the road for the year were $458,739.14, leaving net earnings $497,515.86. The indebtedness of the company is shown by their report to be $8,050,000. The fourth section of 20 miles of this road was accepted by you on the 6th of August last, making the total number of miles miles accepted 90.

Stock of the Texas and Pacific Railway Company has been subscribed to the amount of $2,000.000, of which $200,000 has been paid in. The bonds of the company consist of two kinds, viz, "First-mortgage six per cent. gold-construction bonds," and "First-mortgage land-grant" bonds. Of the former none have been issued. Of the latter, there have been issued in the purchase of consolidated roads, $4,000,000 The indebtedness of the company is shown by their report to be as follows: Capital stock, (as shown above,) $2,000,000; land bonds, $4,000,000; debt Southern Pacino Railroad Company to State of Texas, assumed by the Texas and Pacific Railway Company, 8209,126.31; floating debt, $790,095.71; "Interest coupons on land bonds," $140,000; total, $7,139,222.02. The operating receipts and expenditures of the road for the year ending June 30, 1873, have been as follows: Receipts, from passengers, $104,392.44; freight, $223,211.99; United States mails, $5,328; miscellaneous, $448.43; total,$333,380.86. Expenditures, for conducting transportation, 851,994.43; maintenance of roadway, $111,044; cost of running and maintenance of motive power and cars, $62,370.20; general expenses, $31,153.56; total, $256,562.19. Receipts over expenditures, $76,818.61 There have been 109 miles of this road constructed, and 355 miles graded, bridged, and tied. Since the date of the last report of the company (June 30, 1872) the engineers in charge of the surveys have run over 8,000 miles of instrumental lines, and made 15,000 miles of reconnaissance, developing a country 1,500 miles long east and west, and 150 miles in width north and south, so thoroughly that the line of location from Red River to the Pacific can very nearly be determined. The lines of road surveyed and in part undergoing construction are as follows: Southern division, from Longview, Tex., to Fort Worth, 155 miles; Jefferson division, from Marshall to Texarkana, 69 miles; Transcontinental division, from Texarkana to Fort Worth, 237 miles; Brazos diviswn, from Fort Worth to the one-hundredth meridian, about 175 miles; Pecos division, from the one-hundredth meridian to Rio Grande River, 412 miles; New Mexico division, from Rio Grande to the Pimas Villages,388 miles; California division, from Pimas Villages to San Diego, Cal., 444 miles; total distance, 1,880, miles. The greatest altitude reached in crossing the continent is 6,355 feet.

The Atlantic and Pacific Railroad Company's report for the year ending June 30, 1873, shows that $19,760,300 of stock has been subscribed and paid in. Grading has been done in the Soledad Pass, Cal., and $8,013.72 expended in grading at this pass, to June 30, 1873. On June


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title: Hight v. Wilson


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