1. The original thirteen States were all on the Atlantic coast, and had each one or more sea ports. They were naturally given to commerce, and the second Continental Congress, in December, 1775, resolved to form a navy of thirteen vessels of war. Eight were soon fitted out; but the superiority of England on the sea, and the great financial difficulties with which Congress had to struggle during, and for some years after, the Revolutionary War, made it impossible to give any great degree of development to naval affairs. The sea swarmed with American privateers during the war, and many hundreds of English merchant vessels were captured; but Congress never was able to collect a formidable fleet. The daring exploits of Paul Jones, in European waters, and the bold and successful raids of Privateersmen under Letters of Marque and Reprisal gave indication of what might be looked for in the future, but they could not cope with British fleets.
2. The Navy Department was for some time under the control of the Secretary of War; but, as the finances began to improve, care was taken to develop this important branch of national power, and a special Secretary appointed. In the war of 1812 with England 25 years of peace had unfitted the people for greatimmediatesuccess in the army; but the navy was the pride and glory of the nation. The disasters attending military operations for the first year or two were more than compensated by the brilliant and solid advantages gained by our men of war.
3. This gave a great impulse to the naval tendencies of the nation, and it soon became the settled determination of the people to supersede England as the strongest naval power. She had beenMistressof the Seas; there were strong reasons for our ambition to becomeMasters, at least in American waters. We had an extensive line of coast, and our “Monroe Doctrine,” that Americans ought to rule America, and that European governments should never be permitted to acquire a preponderating influence in North America, rendered a strong navy important. Our people, however, are so largely commercial that skillful mariners are always at command; and the government has never maintained, in time of peace, a very large naval force.
4. What they can do in time of need was demonstrated during the Civil War, when the navy was increased in two years by more than 400 vessels—many of them very expensive and powerful; proving in actual conflict the inability of the strongest land fortresses to resist them. The thousands of miles of the Atlantic and Gulf coast blockade, that was rendered so effective as tosmotherthe Confederate government, so to speak, destroying its finances by rendering its cotton unavailable, is the best comment on the naval resources of the United States. The extreme boldness and vigor with which the Confederate cruisers that managed to escape the blockade fell on our merchant vessels, and laid waste our commerce, is another point in the argument; for they were Americans, and demonstrated the natural prowess of Americans on the sea, of which we could well be proud but that it did fatal harm to our mercantile marine.
5. Not half of the vessels belonging to the navy are, however, now (in time of peace) in commission—that is, in active service. The rest are either laid up, or in process of repair. Most of those in commission are employed in what is called squadron service. The Secretary of the Navy in a late report enumerates seven of these squadrons; viz.: the European, the Asiatic, the North Atlantic, the South Atlantic, the NorthPacific, the South Pacific, and the Gulf squadrons. The names given to these squadrons indicate their whereabouts, and their cruising grounds. These squadrons consist of six, eight, ten, twelve or fifteen vessels, as the work to be done may require. It is their duty to visit the seaports of the various countries along the coasts of which they cruise, in order to protect our merchantmen against pirates or enemies of any description, which may molest them or interfere with their rights and privileges; and also to look after the interests and dignity of the United States.
6. The squadrons are under command of a high naval officer of the rank of commodore or rear admiral, whose ship is called the flag ship of the squadron. Many of our naval officers have distinguished themselves for bravery, skill, and patriotic devotion to their country, and have occupied the highest positions of honor, and the most exalted places in the esteem and affection of their countrymen.
In 1862, Congress enacted that there should be nine grades of officers in the navy, and that their corresponding rank with military officers should be as follows:
1. We have seen that the Secretary of the Navy has several different Bureaus, having each its separate part of naval interests and stores to care for. The material for the equipment of the army is, in large part, stored in arsenals and armories; in the navy in or near Navy Yards. Here are gathered such stores and materials as are required for the construction or repairs of vessels, and hundreds of skilled workmen, constantly employed in rendering the navy effective; replacing vessels that have become unseaworthy, repairing damages, or building such vessels of special construction as the varying demands of the service may require.
2. These are established at different places along the coast, most convenient for the purpose. There is one at Philadelphia, Pa., at Brooklyn, N. Y., at Portsmouth, Va., at Pensacola, Fla. Here vessels are laid up when not in “commission” or active service, or are sent for repairs, or to obtain their stores before departing to their distant stations. All the officers necessary for keeping all these matters in order are stationed at these yards; and the Navy Department, by these means, preserves the same perfect system of organization and efficiency as we have seen to characterize other branches of the executive administration.
1. Naval affairs, quite as much as military, perhaps even more, require the aids of science, and a careful and thoroughtraining. Much of this, indeed, is gained in active service, but for this a basis of scientific study must be laid, and this school of preliminary instruction is called the Naval Academy. As a preliminary even to this, the government has established schools on board of ships, for the instruction of boys in navigation and naval warfare. These are called apprentices; and for good conduct and proficiency in their studies, they are advanced to the Naval Academy, and placed in the line of promotion.
2. This school is now established at Annapolis, in the State of Maryland, near Washington. Like the Military Academy, it has its superintendent and professors. The pupils are called midshipmen. They are taught navigation and such other branches of science as are necessary to make them good seamen and naval officers. They are selected upon nearly the same plan as cadets. Each Congressional District in every State and Territory is entitled to send two students to be educated at the Academy. The District of Columbia is also entitled to send two. Besides which, the President is allowed to appoint ten additional ones at large, and three more from the boys enlisted in the navy.
3. After their graduating examination, if they pass, they are commissioned as ensigns in the navy, and rank according to merit. Before admission, they are examined according to the regulations made by the Secretary of the Navy, and must be between the ages of fourteen and seventeen years, sound, robust, and of good constitution.
4. The course of study in this, as well as in the Military Academy, is adapted to the profession which the students are expected to follow—the one in the navy, the other in the army. More are educated at these great national schools than the government needs in time of peace. Many of the graduates are engaged in civil employment. Thus these institutions have been of great service to the country, outside of the army and navy, for they have added to the number of well-educated and scientific men, who may be useful in any of the walks of life.Their graduates elevate the standard of intelligence in the community, especially when they engage in the work of instruction.
Both of these institutions are supported at the expense of the government. The tuition and board of cadets in one, and of the midshipmen in the other, costs them nothing.
1. An observatory is a building erected for astronomical purposes, and supplied with the necessary apparatus for studying the heavens. A thorough knowledge of certain portions of astronomy is indispensable to the commander of a vessel, since it is by means of this alone that he can ascertain his exact position on the open ocean out of sight of land. Nautical Science and Astronomy have advanced hand in hand; and to perfect the former as much as possible the United States Government established the Naval Observatory. This institution is located in Washington, and was originated by act of Congress in 1842, and put in operation in 1844.
2. This institution owes more to that enlightened and truly patriotic President, John Q. Adams, than to any other man. He recommended it as far back as 1823, and again in his first message to Congress. But political opposition to the man prevented his recommendations from being acted upon till nearly 20 years after they were made. This opposition was finally overcome, and we, and posterity after us, will reap the fruits of Mr. Adams’ suggestions and labors.
3. The observatory was built and furnished with various astronomical and philosophical instruments, and a corps of professors were appointed to watch the movements of the heavenly bodies, and to make such observations and experimentsas would enable them to determine many unsettled questions which relate to the science of navigation; and incidentally to another great government work, having especial reference to the same subject; that is, the coast survey.
The coast survey has already been of great service to the interests of navigation—whether national or commercial vessels are regarded—and, when finished, much greater benefits are to be expected. When a sufficient number of observations and experiments shall have been made at the naval observatory, and published to the world, much valuable information will be added to what is already known. And indeed it would be disreputable to a nation having so large a navy and such a vast number of merchant ships upon the ocean, to do nothing for or add nothing to the science of navigation. It would be an unwise policy if economy only were studied, and we would justly deserve the reproach of being penurious, short-sighted, and miserably wanting in disposition to promote the general good of the world.
4. The professors are assiduous in their labors, and publish the results of their observations and the facts they have determined. These are not only of use to our own seamen, but to those of all nations who are doing business on the great deep. Here the charts made by the coast survey are deposited, and from hence all our national vessels are furnished with them, and with all the nautical instruments they require.
The charts, instruments and books relating to astronomy and navigation, found here, make it the headquarters and depot of nautical science in the United States.
1. While the Naval Observatory is a government institution for studying the heavens in the interest of the Navy; theCoast Survey is an organization employed in a thorough and scientific study of the shores of our country for a sufficient distance out from the land to ascertain all the features concealed by the water that may have a bearing on the safety of our navy and commerce. One examines the heavens, the other the depths of the waters. They are both of great importance.
2. This government undertaking has not been as vigorously prosecuted as some other enterprises conducted by it. As early as 1807, Congress passed an act authorizing the President to have this work done. Much of it has been done, yet it is not finished at this day. Our acquisition of Florida, Texas, and California has greatly extended our sea coast since the work was commenced, and its accomplishment has cost more time and labor than was anticipated at the beginning, yet we think it ought to have been completed in much less than 60 years.
3. This work, like that relating to light houses, is under the management of a board, consisting of a superintendent, two principal assistants, two naval officers, and four officers of the army. These nine constitute the board. Then there are as many officers of the army and navy employed in the execution of the work as are deemed necessary. And the public vessels, by direction of the President, may be used in order to facilitate the work, for much of it must be done at sea. The survey extends 20 leagues from the shore. The surveyors must make accurate charts of the whole coast, in which are laid down all the islands, shoals, roads or anchorage grounds within twenty leagues of any part of the shore of the United States. The courses or distances between the principal capes or headlands must be laid down, together with the soundings (depths of water) and everything else necessary to make a complete and accurate chart of every part of our coasts.
4. An annual report of this work must be made to Congress in December of each year, accompanied with charts, showing the progress of the work, the number of persons employed, the expenses incurred, the amount of work finished,and what is unfinished. These reports and charts are carefully preserved, and copies of them may be had at Washington for the use of our naval and merchant ships, to which they are of great service, as guides, whenever they are on or near the coast. This work, in its utility, is not confined to ourselves; but the important information obtained by it is of great use to the navigators of all nations who come into our ports or cruise on our coasts. They derive the same benefits from this work that we derive from theirs of the same kind. It is creditable to any nation to do such things as are beneficial to the world, such acts as contribute to the welfare of humanity. Shipwrecks belong to the list of terrible calamities which often befall those “who go down to the sea in ships, that do business in great waters.” Whoever diminishes these is a public benefactor.
1. These, with Buoys, and Beacons, are a necessary practical supplement to the labors of the Coast Survey. Buoys and Beacons indicate the shoals, or dangerous rocks and reefs beneath the surface of the water, in the daytime; while light houses indicate the same, and show the mariner the bearings of the land, in the night; and, by studying, in connection with these, the charts of the coast supplied by the Coast Survey, he may make his way as securely in the night or day through the concealed dangers of the treacherous waters as a landsman along a beaten highway. They are way-marks along the sea coast, at the entrance of harbors, and on lakes and rivers. They speak a language very well understood by the seaman; and are invaluable for the protection of his vessel from the dangers of the Deep.
2. Keepers are appointed by the government to keep them in repair, and to see that they are properly lighted every night. We have no means of knowing the number of these useful establishments, but there must be several hundred of them; for we have more sea coast than any other nation upon the globe, with a still greater length of lake and river shore. They are located at prominent points, and at dangerous places, all along the extensive lines of coast and shores.
3. To the end that light houses should be constructed and kept in repair, and that competent men might have the whole matter in charge, a law of 1852 authorized the President to appoint two officers of the navy of high rank, one officer of the corps of engineers of the army, one officer of the topographical engineers, and two civilians of high scientific attainments, to form alight house boardfor the United States. This board is attached to the Treasury Department, and the Secretary of the Treasury superintends its operations. The board has in charge the building, illumination, and inspection of light houses, light vessels, buoys, beacons, sea marks, and their appendages.
4. The Secretary of the Treasury is president of the board, and may convene them whenever he deems it necessary.
The law makes it the duty of the board to divide the whole of the sea, gulf, and lake coasts, into light house districts; not exceeding 12 in number. An officer of the army or navy is assigned to each district, as a light house inspector.
They have the control of everything relating to light houses, light ships, buoys, beacons, or other means of directing vessels in and out of port, or of guiding them while sailing along the coast in the night.
5. As foreign vessels receive the same benefits from our light houses as our own, there is nothing unfair or illiberal in requiring them to contribute something towards the expense of maintaining them. For this purpose Congress has imposed a tax, or laid a duty of 50 cents per ton on all foreign vessels entering any ports of the United States. This is called “lightmoney.” It is collected in the same way as tonnage duties are,i. e., by the collector of the port where the ship arrives. Light money is not required of vessels owned by citizens of the United States, provided that they are regularly registered as the law directs, or have a sea letter.
7. A sea letter is a document or certificate, given by the collector of a port, to the captain of an American vessel, certifying that she belongs to a citizen or citizens of the United States. Armed with this, the captain can prove to all whom it may concern, anywhere in the world, the ownership and nationality of his vessel. This is a protection to her and her cargo, especially in times of war. It is one of a ship’s papers.
1. The somewhat barbarous custom has prevailed among nations, from early times, of making war in every possible way upon the citizens of a hostile country, and of taking or destroying their property, on the principle that injury to the citizens of the power warred against would diminish its power of defense and attack.
This has been carried into effect on the sea by authorizing private vessels to be fitted out for warlike purposes and preying on the commerce of the enemy. Such authority is given by Letters of Marque and Reprisal. The Constitution confers on Congress the power to do this; and Congress authorizes the President to do it. A law was passed in 1863 expressly conveying it to him.
2. It is a formal commission given to the commander of a private armed vessel, called a privateer, authorizing him to capture the ships and goods of the subjects of a nation with which we are at war. When such letters are issued by theUnited States they are signed by the President and sealed with the great seal. Without such commission, thus signed and sealed, any capture made by the commander of a private vessel would be piracy. If a capture is made, it must be made according to the laws of war, as recognized by civilized nations, and according to the instructions given by the President. Any conduct on the part of a privateer, contrary to these rules, would vitiate his proceedings, and he would not be entitled to the property he had captured.
3. The captured vessel is called a prize, and must be taken into some port of the United States, or into some port of a country in amity with the United States, where legal proceedings are taken before some court of competent jurisdiction; and the capture and all the circumstances of it inquired into; and if all is found to have been done according to the laws of civilized nations, the captured vessel and cargo is condemned as a prize. But if not condemned, the captors lose her. When adjudged to be a lawful prize, the ship and cargo are sold, and the money is divided between the officers and men, according to rank, and according to the laws of Congress on this subject. These laws give the whole to the captors, when the ship taken is of equal or superior force to the ship making the capture; but if of inferior force, then the United States takes one-half.
4. Privateering, as this business is called, was once considered a lawful and honorable mode of warfare. It was generally practiced between belligerent nations; but in later days its propriety and morality have been questioned. It is beginning to be looked upon as a kind of robbery not very distantly related to piracy. That it is robbery no one can deny, and, query, “Can it be justified on the ground that the robber and the robbed are the subjects of nations at war with each other?”
5. In Europe an effort has been made to do away with this species of warfare. We hope it will yet succeed, and that all nations will agree to abolish this system of plunder. Innocent parties are generally the sufferers, while but small injury is done to the power of the hostile nation.
1. These institutions are still more important for sailors than for soldiers; as the sailor is more likely to have lost his adaptation to any kind of business on land, and to lose sight of family relations by reason of his long absences to foreign regions. The government very early took this subject in hand and made ample, and extremely comfortable, provision for disabled seamen belonging to its navy.
2. In 1811 an act was passed to establish navy hospitals, for the exclusive use of such seamen as belonged to the navy. This new institution was at first placed under the management of a board of commissioners known as the commissioners of navy hospitals. This commission consisted of the Secretaries of the Navy, Treasury, and War. But in 1832 this was changed, and the Secretary of the Navy was made sole trustee of the navy hospital fund, which was made up of $50,000 appropriated by Congress for that purpose, together with twenty cents per month collected from seamen belonging to the navy, and the fines imposed on navy officers, seamen, and marines.
The commissioners were authorized to purchase or erect suitable buildings for navy hospitals.
3. These are located near important seaports. At these places seamen depart for, and arrive from their voyages, and are found in the greatest numbers; and here the funds for the support of the marine hospitals are collected, as is the tonnage on ships, viz.: by the collectors of the ports. For this purpose the law authorizes the collectors of customs to demand and receive the sum of twenty cents per month from the wages of every sailor; and every master of a vessel is obliged to render to the collector an accurate account of the number of seamenon board his vessel, and of the time they have been employed by him, since his last entry into any port of the United States. These twenty cents the captain must pay the collector, but he is allowed to deduct it from each seaman’s wages. In this manner the funds for the building, furnishing, and support of the marine hospitals are raised. The collectors of the ports pay them into the United States Treasury, and the Treasurer disburses them to the directors of the hospitals as they are needed. The directors are appointed by the President. They appropriate the funds, and have the general direction and management of the institutions.
4. These provisions are contained in an act entitled, “An act for the relief of sick and disabled seamen,” passed in 1798. Seamen, whether in the merchant service or in the naval service of the United States, were indiscriminately taxed for the support of these hospitals; and both have the same rights, privileges and benefits in them. The money thus collected from seamen is called “hospital money,” and the fund is denominated “the marine hospital fund.” In 1864 there were 24 marine hospitals in the United States.
1. At the first general census, in 1790, there were but little over three millions and a half of inhabitants in the United States, and these mostly settled along the Atlantic seaboard; the country was oppressed with debt, and not recovered from the effects of a desolating war. Its public business, therefore, was comparatively small in amount, and was readily managed by the three Departments, of State, of the Treasury, and of War. The energy of the people, and the great resources at their command, enabled them to surmount all their difficultiesin a short time, and the country entered on a career of remarkable prosperity. Its public business kept pace with the general expansion, and new departments were from time to time created, to improve the efficiency of the public service.
2. In 1849 Congress passed a law creating the Department of the Interior, and a Secretary of the Interior, having a seat in the Cabinet, appointed in the same manner, and possessing the same rank, as the other members of the Cabinet, was installed in office.
3. The bureau of the Commissioner of Patents was transferred from the Department of State, and the General Land Office from that of the Treasury.
The supervisory power before exercised by the Secretary of the Treasury over the accounts of the marshals, clerks, and other officers of all the courts of the United States, was placed in the hands of the new Secretary. The office of the Commissioner of Indian Affairs, heretofore attached to the War Department, was also transferred to this; and the powers and duties of the Secretary of War, in relation to Indian affairs, were devolved on the Secretary of the Interior.
4. The Secretaries of War and of the Navy were by the same act relieved of their duties in regard to the Commissioner of Pensions, and those duties were thereafter to be performed by the Secretary of the new department.
The Census Bureau, heretofore attached to the State Department, and the duties of the Secretary of State in relation thereto, were also transferred to this department.
To the Secretary was also given the supervisory power over the lead and other mines belonging to the United States, heretofore executed by the Secretary of the Treasury.
The powers of the President over the Commissioners of Public Buildings were also transferred to him.
5. He was also charged with the control over the Board of Inspectors and Warden of the Penitentiary of the District of Columbia.
The Secretary of the Interior has the same power in appointingand removing clerks and other subordinates in his department, that the Secretaries of the other departments had over these several bureaus before they were transferred to this department.
This office has a seal, which must be affixed to the commissions of all its subordinate officers.
The President and Senate appoint the Assistant Secretaries.
From the foregoing it is easy to understand what branches of the public service are conducted in this office, and what are the duties of its Secretary.
6. The following is a list of all who have filled the office of Secretary of the Interior since the establishment of the department:
1. ALL the land in the United States, to which individuals or corporations have not acquired a legal title, is held by the general government. This includes the land, or the part of it not under special reservation, belonging to the Indians. As the settlements push on into the territory roamed over by the thinly scattered Indian tribes, an equitable arrangement is made with them, by which certain Reservations, large enough for their purposes are set aside for their occupation; and an indemnity, commonly in the form of an annuity, is made them for the lands to which they renounce their right. As they are gradually melting away, their lands will soon become all, or nearly all, the property of the government.
2. The lands free for settlement are sold under certain regulations; and given to certain classes—to soldiers, to actual settlers for Homesteads, to corporations to aid in promoting the public welfare—as Railroads and Colleges—and to support education in various ways; and the remainder held until required for use in the expansion of the country.
Nearly 200,000,000 acres have been given to assist in building railroads through unsettled parts of the country. A large part of this, however, has been only conditionally given, and not yet appropriated by the corporations. Many millions more have been given to the States as a fund in aid of public schools and collegiate institutions—and one thirty-sixth part is reserved, in every new township surveyed, for the benefit of public schools in that township. The rest is sold, at very low rates, to any who will buy.
3. To manage this property a bureau was established by act of Congress, in 1812, called The General Land Office. It was under the oversight of the Secretary of the Treasury until 1849, when the Department of the Interior was established, to which it was then transferred. Its head is called
4. He is appointed by the President and Senate, must take the usual official oath before entering on his duties, and must give the usual official bond. He keeps the seal of his office, and fixes an impression of it upon all papers emanating from the Land Office. He, with his clerks and assistants, forms the bureau, keeps all the records and papers pertaining to the public lands, and performs all duties relating thereto. He receives reports from surveyors and from the district land officers, gives them their instructions, and reports to the President and to Congress when required to do so.
He issues all patents for lands granted by the United States, and sends and receives by mail all papers and documents relating to his official business, at public expense. Every patent for land is issued in the name of the United States, is signed by the President and by the Commissioner of the Land Office, and is then recorded in books kept for that purpose.
5. When it is deemed necessary and expedient to bring the lands in any particular State or section of the country into market, a surveyor general is appointed for that State or section, and also a sufficient number of deputy or assistant surveyors to perform the work; which is done under the direction of the surveyor general, who is himself directed by law as to the manner of procedure. He is appointed for four years, taking the usual oath, and gives bonds for the faithful performance of his duties.
6. The law directs how the lands shall be surveyed and mapped. Where it is practicable, they are laid out intosquare miles, each of which contains 640 acres, and is called a section.
These sections are then sub-divided into halves, quarters, and eighths of sections; that is, into lots of 320, 160, and 80 acres. The boundary lines are all run north and south, and east and west. Thirty-six of these sections, which make a plat of six miles square, are put into a township. These townships are designated by numbers, but when inhabited are named by the inhabitants as their fancy dictates.
7. After the lands have been surveyed and properly mapped into townships and sections, they are brought into market and offered for sale in such quantities as are wanted by the purchaser; from 40 acres, one-sixteenth of a section, up to a whole section; or as many sections as the buyer pleases to take.
8. District land offices for the sale of lands are established for this purpose at as many places in the State or Territory where the lands are situated, as is deemed necessary for the convenience of purchasers. Here are kept maps of all the lands lying in the district, and buyers may make their selections both of quantity and location as suits them. Here they will find
9. The first named officer will register the application made for land in a book kept for that purpose, and the second will receive the money paid for it. These officers are appointed by the President and Senate, and report their proceedings to the General Land Office at Washington. The receiver transmits all moneys received by him to the United States Treasury once in a month or once in three months, as directed.
10. As before stated, the public lands are surveyed intosections of one mile square, and thirty-six of these sections make a township. For the purpose of encouraging education, Congress has enacted that section number 16, in every township, shall not be sold, but reserved for the township, to be applied to the support of common schools in that town. By this measure the government appropriated one thirty-sixth part of its lands to aid the work of educating the children in the new States. And in addition to this it has made other munificent donations of land for the establishment and support of colleges and other institutions of learning.
11. In addition to all this the United States have donated large tracts of land to the several States in which it lay, to aid them in building their State houses, &c. Large quantities of land have also been given to aid the construction of railroads.
12. The government has always sold its lands at a very low price, preferring to give the people cheap farms, rather than to raise more revenue from this source.
But in 1862, Congress passed an act called “the Homestead Law,” the object of which was to cheapen the public lands to a mere nominal price to heads of families, male or female, or to persons 21 years of age or over, or to persons who had served in the army or navy of the United States, whether 21 years old or not. By the provisions of this act such persons are allowed, for the trifling sum of ten dollars, to enter upon and claim 160 acres of land, provided the claimant swears that the land is applied for his or her own use, and for settlement and cultivation. But no patent (deed) is to be given until the applicant has actually settled upon and cultivated the land for the space of five years. Such applicant must also make affidavit that he has never borne arms against the United States.
By this liberal policy, persons of very limited means may provide themselves with comfortable homes for life; and the unoccupied lands will be settled and occupied faster than if the old price of one dollar and twenty-five cents per acre hadbeen demanded. The revenue from the sale of lands will of course be less, but the wealth of the country will undoubtedly be increased by the measure.
13. Exceedingly rich and valuable mines of gold, silver, copper, lead and other minerals have been found upon the public lands. That the benefits of mining them might be extended to the many, instead of being monopolized by a few, a different rule for selling them has been made. After they have been surveyed, mapped and described, they, like other lands, are offered for sale, but in quantities of not more than 40 acres. These are generally sold at auction, but no bid less than five dollars per acre will be received. If not sold at public sale, they are then subject to private sale at that price.
There are two classes of public lands subject to entry; one at $1.25 per acre, known asminimum, and one at $2.50, known asdouble minimum, the latter being the alternate sections along the lines of railroads. Title may be acquired by purchase at public sale, or by “private entry,” and in virtue of the Pre-emption and Homestead Laws.
At Public Sale.—Lands are offered at auction to the highest bidder, pursuant to proclamation or public notice.
Private Entry.—Lands subject to private entry, are those which have been once offered at public sale without finding purchasers. In order to acquire title to these lands, a written application must be made to the Land Register of the District in which the land is located, describing the tract desired. The Register certifies the fact to the Receiver, stating price, and the applicant then pays the money and takes a receipt, and at theclose of the month the Register and Receiver make return of the sale to the General Land Office, when a patent or full title issues on due surrender of the receipt, and will be delivered at the option of the purchaser, at the General Land Office in Washington, or by the Register at the District Land Office.
Land Warrants.—When lands are to be located with land warrants, application must be made as in cash cases, accompanied by an assigned warrant. When the tract is $2.50 per acre, $1.25 per acre must be paid in addition to the warrant. Receipts are given and patents delivered, as in the preceding case. At the time of location, a fee of 50 cents for a 40 acre warrant, and a corresponding amount for larger ones, must be paid to the Register, and a like sum to the Receiver.
Agricultural College Scrip.—This may be used in the location of lands at private entry, but is only applicable to lands subject to entry at $1.25 per acre, and is restricted to a technical “quarter section,” and to three sections in each township of land. The proceeding to acquire title is the same as in cash and warrant cases, the fees being the same as on warrants. This scrip may be used in payment of pre-emption claims.
Pre-emption.—Any person being the head of a family, or widow, or single man over 21 years of age, and a citizen of the United States, or a person who has filed his declaration to become such, by settling upon and improving any of the “offered,” “unoffered,” or unsurveyed lands of the United States, may obtain a pre-emption right to purchase 160 acres so occupied, at the regular government price, whether it be $1.25 or $2.50 per acre. Where the tract is “offered” land, the settler must file with the District Land Office his statement as to the fact of settlement, within thirty days thereafter, and within one year must make proof to the Land Office, of his actual residence and cultivation, and secure the land by payment in cash or Land Warrant. Where the land has been surveyed and not offered at public sale, the statement must be filed within three months after settlement, and payment made within 21 months. Where settlement is made upon unsurveyedlands, the settler is required to file a statement within three months after the survey, and pay within eighteen months thereafter. No person is entitled to more than one pre-emption right.
The Homestead Privilege.—The Homestead laws give to every citizen the right to a Homestead of 160 acres minimum, or eighty acres double minimum. To obtain Homestead, applicant must swear that he is the head of a family, or over the age of twenty-one, a citizen, or has declared his intention to become such; and that the entry is for his exclusive use and benefit, and for actual settlement and cultivation. When an applicant has made actual settlement upon the land he desires, he must make affidavit of the fact before the Land Register, and pay fees amounting, on 160 acres of minimum land, to $18, or an equal sum for eighty acres of double minimum, for which he gets a receipt; and after five years’ occupation and cultivation of the land, he is entitled upon proof of such cultivation to a patent or full title to the Homestead. Any loyal person in the naval or military service of the United States, may acquire a Homestead by reason of his family occupying land and making the application in his stead. All officers, soldiers, and sailors who have served in the army or navy for ninety days and remained loyal, may enter 160 instead of 80 acres of double minimum lands. The fees above for entering Homestead apply to surveyed lands in Michigan, Wisconsin, Iowa, Missouri, Minnesota, Kansas, Nebraska, Dakota, Alabama, Mississippi, Louisiana, Arkansas, Florida, Ohio, Indiana, and Illinois. In California, Nevada, Oregon, Colorado, New Mexico, Washington Territory, Arizona, Idaho, Utah, Wyoming, and Montana, the fees are $22 instead of $18. A settler having filed a pre-emption declaration, may change his filing into Homestead, and receive the benefit of the Homestead laws. If a Homestead settler does not wish to remain five years on his land before obtaining title, he may pay for it in cash or Land Warrants. Lands obtained under the Homestead laws areexempt from liability for debts contracted prior to the issuing of the patent.
United States Land Officesare located at Fort Des Moines, Council Bluffs, Fort Dodge and Sioux City, Iowa; Menasha, Falls of St. Croix, Stevens’ Point, La Crosse, Bayfield and Eau Claire, Wisconsin; San Francisco, Marysville, Humboldt, Stockton, Visalia, Sacramento, and Los Angeles, California; West Point, Beatrice, Lincoln, Dakota City, and Grand Island, Nebraska; Taylor’s Falls, St. Cloud, Du Luth, Alexandria, Jackson, New Ulm, and Litchfield, Minnesota; Oregon City, Roseburg, and Le Grand, Oregon; Topeka, Junction City, Humboldt, and Augusta, Kansas; Carson City, Austin, Belmont, and Aurora, Nevada; Vermilion, Springfield, and Pembina, Dakota; Denver City, Fair Play, and Central City, Colorado; Boonville, Ironton, and Springfield, Missouri; Mobile, Huntsville, and Montgomery, Alabama; New Orleans, Monroe, Natchiloches, Louisiana; Detroit, East Saginaw, Iona, Marquette, and Traverse City, Michigan; Little Rock, Washington, and Clarksville, Arkansas; Boise City, and Lewiston, Idaho; Chillicothe, Ohio; Indianapolis, Indiana; Springfield, Illinois; Jackson, Mississippi; Tallahassee, Florida; Olympia, and Vancouver, Washington Territory; Helena, Montana; Prescott, Arizona; Salt Lake City, Utah.
A pre-emption right is the right of a squatter upon the lands of the United States to purchase, in preference to others, when the land is sold. Such right is granted to the following persons: Any citizen of the United States; any person who has filed his declaration of intention to become a citizen; any head of a family; any widow; any single woman of the age of twenty-one years or over; and any person who has made a settlement, erected a dwelling-house upon, and is an inhabitant of the tract sought to be entered—providedsuch settlement was made since June 1, 1840, and previously to the time of application for the land, which land must, at the date of thesettlement, have had the Indian title extinguished, and been surveyed by the United States.
A person bringing himself within the above requirements by proof satisfactory to the Register and Receiver of the land district in which the land may lie, taken pursuant to the rules hereafter prescribed, will, after having taken the affidavit required by the Act, be entitled to enter, by legal subdivisions, any number of acres, not exceeding one hundred and sixty, or a quarter-section, to include his residence; and he may avail himself of the same at any time prior to the day of the commencement of the public sale, including said tract, where the land has not yet been proclaimed.
Where the land was subject to private entry, June 1, 1840, and a settlement shall thereafter be made upon such land, or where the land shall become hereafter subject to private entry, and after that period a settlement shall be made, which the settler is desirous of securing, notice of such intention must be given within thirty days after such settlement; and, in all such cases, the proof, affidavit and payment must be made within twelve months after such settlement.
The tracts liable to entry are embraced under the following designations:First, a regular quarter-section, notwithstanding the quantity may vary a few acres from one hundred and sixty; or a quarter-section, which, though fractional in quantity by the passage of a navigable stream through the same, is still bounded by regular sectional and quarter-sectional lines;second, a fractional section containing not over one hundred and sixty acres, or any tract being a detached or anomalous survey made pursuant to law, and not exceeding such quantity;third, two adjoining half-quarter-sections (in all cases to be separated by a north and south line, except on the north side of township, where the surveys are so made as to throw the excess or deficiency on the north and west sides of the township), of the regular quarters mentioned in the first designation;fourth, two half-quarter or eighty-acre subdivisions of a fractional or broken section, adjoining each other, the aggregate quantitynot exceeding one hundred and sixty acres;fifth, a regular half-quarter and an adjoining fractional section, or an adjoining half-quarter subdivision of a fractional section, the aggregate quantity not exceeding one hundred and sixty acres;sixth, if the pre-emptor do not wish to enter one hundred and sixty acres, he may enter a single half-quarter section (made by a north and south line), or an eighty-acre subdivision of a fractional section;seventh, one or more adjoining forty-acre lots may be entered, the aggregate not exceeding one hundred and sixty acres; and,eighth, a regular half-quarter, a half-quarter subdivision, or a fractional section, may each be taken, with one or more forty-acre subdivisions lying adjoining, the aggregate not exceeding one hundred and sixty acres. Forty-acre tracts, or quarter quarter-sections, may be entered in the same manner that eighty-acre, or half-quarter sections, have been.
Only one person upon a quarter-section is protected, and he the one who made the first settlement, provided he conform to the other provisions of the law. A person who has once availed himself of the provisions of the Pre-emption Act, cannot, at any future period, or at any other land office, acquire any other right under it. No person, who is the proprietor of three hundred and twenty acres of land in any State or Territory of the United States, or who quits or abandons his residence on his own land to reside on the public land in the same State or Territory, is entitled to the benefit of the Pre-emption Acts.
The approval of the tracts by the local land office is the evidence of the survey; but the land is to be construed as surveyed when the requisite lines are run on the field, and the corners established by the deputy surveyor. No assignment or transfers of pre-emption rights are recognized at the land office; the patents issuing to the claimants, in whose names alone the entries are made.
The following description of lands are not liable to entry:first, lands included in any reservation by any treaty, law, or proclamation of the President of the United States, and lands reserved for salines and for other purposes;second, landsreserved for the support of schools;third, lands acquired by either of the last two treaties with the Miami Indians in Indiana, or which may be acquired of the Wyandot Indians in Ohio, or any other Indian reservation, to which the title has been, or may be extinguished at any time during the operation of the Pre-emption Acts, by the United States;fourth, sections of lands reserved to the United States, alternate to other sections granted to any State for the construction of any canal, railroad, or other public improvement;fifth, sections, or fractions of sections, included within the limits of any incorporated town;sixth, every portion of the public lands which has been selected as a site for a city or town;seventh, every parcel or lot of land actually settled and occupied for the purposes of trade and agriculture; and,eighth, all lands in which are situated any known salines or mines.
Persons claiming the benefit of the Pre-emption Acts are required to file duplicate affidavits, such as are specified by law, and to furnish proof, by one or more disinterested witnesses, of the facts necessary to establish the requisites mentioned in the first paragraph of this article; such witnesses having first been duly sworn or affirmed by some competent authority.
If adverse claims are made to the same tract, each claimant is to be notified of the time and place of taking testimony, and allowed to cross-examine the opposite witnesses, and to furnish counter-proof, itself subject to cross-examination. If, by reason of distance, sickness, or infirmity, the witnesses cannot personally appear before the register of the land office, their depositions, taken in conformity with the following regulations, may be received:
The notice to adverse claimants must be in writing, and served in time to allow at least one day for every twenty miles which the party may have to travel in going to the place of taking evidence. The proof, in all cases, should consist of a simple detail of facts merely, and not of broad and general statements. If the pre-emptor be “the head of a family,” the witnesses must state the facts constituting him such; whetherhe be a husband having a wife and children, or a widower, or an unmarried person under twenty-one years of age, having a family, either of relatives or others, dependent upon him, or hired persons. All the facts relative to the settlement in person, inhabitancy, or personal residence, the time of its commencement, the manner and extent of its continuance, as also those sharing the apparent objects, must be stated. It must be stated that the claimant made the settlement on the land in person; that he has erected a dwelling upon the land; that he lived in the same, and made it his home, etc. In the event of a decision by the land officer against the claimant, he may appeal to the Commissioner of the Land Office at Washington.
No entry will be permitted until the affidavit required of the claimant is taken. Duplicates thereof must be signed by the claimant, and the fact of the oath being taken must be certified by the register or receiver administering the same; one copy to be filed in the Register’s office, and the other to be sent to the Land Office at Washington.
A purchaser of public land is only required to make written application to the Register of the local land office for the tract desired to be entered, and to pay to the Receiver the purchase money therefor. Blank forms of such application are furnished gratuitously at the Land Office where the tract is desired to be entered.
The following is the full text of the Amendatory Soldiers’ Homestead Bill, approved by the President on the 3d of April, 1872.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled: That every private soldier and officer who has served in the army of the United States during the recent rebellion for ninety days or more, and who was honorably discharged, and has remained loyal to the government, including the troops mustered into the service of the United States by virtue of thethird section of an act entitled “An act making appropriations for completing the defenses of Washington, and for other purposes,” approved February 13th, 1862, and every seaman, marine, and officer who has served in the navy of the United States, or in the marine corps, during the rebellion, for ninety days, and who was honorably discharged, and has remained loyal to the government, shall, on compliance with the provisions of an act entitled “An act to secure homesteads to actual settlers on the public domain,” and the acts amendatory thereof, as hereinafter modified, be entitled to enter upon and receive patents for a quantity of public lands (not mineral) not exceeding one hundred and sixty acres, or one quarter-section, to be taken in compact form according to legal subdivision, including the alternate reserved section of public lands along the line of any railroad or other public work not otherwise reserved or appropriated, and other lands subject to entry under the homestead laws of the United States:Provided, the said homestead settler shall be allowed six months after locating his homestead within which to commence his settlement and improvements:And provided also, the time which the homestead settler shall have served in the army, navy, or marine corps aforesaid shall be deducted from the time heretofore required to perfect title, or if discharged on account of wounds received, or disability incurred in the line of duty, then the term of enlistment shall be deducted from the time heretofore required to perfect title, without reference to the length of time he may have served:Provided, however, that no patent shall issue to any homestead settler who has not resided upon, improved and cultivated his said homestead for a period of at least one year after he shall commence his improvements as aforesaid.
Section 2.That any person entitled under the provisions of the foregoing section to enter a homestead, who may have heretofore entered under the Homestead law a quantity of land less than one hundred and sixty acres, shall be permitted to enter under the provisions of this act so much land as, whenadded to the quantity previously entered, shall not exceed one hundred and sixty acres.
Section 3.That in the case of the death of any person who would be entitled to a homestead under the provisions of the first section of this act, his widow, if unmarried, or in case of her death or marriage, then his minor orphan children, by a guardian duly approved and officially accredited at the Department of the Interior, shall be entitled to all the benefits enumerated in this act, subject to all the provisions as to settlement and improvements therein contained:Provided, that if such person died during his term of enlistment, the whole term of his enlistment shall be deducted from the time heretofore required to perfect the title.
Section 4.That where a party, at the date of his entry of a tract of land under the Homestead laws, or subsequently thereto, was actually enlisted and employed in the army or navy of the United States, his services therein shall, in the administration of said Homestead laws, be construed to be equivalent, to all intents and purposes, to a residence for the same length of time upon the tract so entered:Provided, that if his entry has been canceled by reason of his absence from said tract while in the military or naval service of the United States, and such tract has not been disposed of, his entry shall be restored and confirmed:And provided further, that if such tract has been disposed of, said party may enter another tract subject to the entry under said laws, and his right to a patent therefor shall be determined by the proofs touching his residence and cultivation of the first tract and his absence therefrom in such service.
Section 5.That any soldier, sailor, marine, officer, or other person coming within the provisions of this act may, as wellby an agentas in person, enter upon said homestead:Provided, that the said claimant in person shall, within the time prescribed [six months from date of entry] commence settlement and improvement on the same, and thereafter fulfill all the requirements of this act.
Section 6.That the commissioner of the General Land Office shall have authority to make all needful rules and regulations to carry into effect the provisions of this act.”
1. These originated in the desire of the founders of the government to encourage invention, in the belief that the general welfare of the country would be promoted by such a stimulus to genius, and the power to grant patents was expressly bestowed on Congress. That this was a very wise forethought there is no doubt. The hope of reward has given birth to innumerable inventions, among which some have been of incalculable value to the country, increasing its wealth almost beyond our power to estimate. It is, however, worth considering if there may not be a limit to the usefulness of the system, in its present form, in the changed conditions of the country. It is often the case that what accomplished the greatest good in its proper day, is at length outgrown, and becomes an embarrassment, requiring to be either essentially modified or laid aside.
2. A patent right is an exclusive right, granted by an officer denominated the Commissioner of Patents, in conformity to law, to the inventor or discoverer of any new and useful article. The exclusive right is conferred by acts of Congress, on compliance of the inventor with certain conditions which are clearly specified in the law. The evidence that such exclusive right has been conferred on any individual, is contained in a document, called “letters patent,” issued at the patent office in Washington; signed by the Secretary of the Interior, (formerly by the Secretary of State), countersigned by the Commissionerof Patents, and sealed with the seal of his office. Thus protected, he alone can make, use and sell the article he has invented, for the term of fourteen years; and upon showing a good reason therefor, the commissioner will extend the term seven years longer, or Congress will pass a special act for that purpose.
3. This was the law up to 1861; and is still in force as to patents granted anterior to that date. But a new act was then passed, extending the term of an original patent to seventeen, instead of fourteen years, and prohibiting any extension of such patents.
An inventor, before he can obtain a patent, must swear that he believes he is the inventor or discoverer of the art, machine, or improvement, for which he solicits a patent. He must also give in writing a clear, minute description of it; and, when necessary, must make and deliver a model of his invention; which in all cases must be something new, unused and unknown before, or his application will be rejected. There is considerable expense attending the procurement of a patent right.
4. But when obtained, no person except the patentee, has any right to make, sell, or use the article patented, until the time has expired for which this exclusive right was granted, without the permission of the patentee. Any person doing so is liable to a heavy penalty, and may be prosecuted in the Circuit Court of the United States; this court having original jurisdiction in all cases arising under the patent laws. But a writ of error or an appeal lies to the Supreme Court of the United States.
5. The Patent Office, when first established, was a bureau of the State Department, and the Commissioner of Patents acted under the direction of the Secretary of State. But after the creation of the Department of the Interior, in 1849, it was transferred to it, became a bureau of the new department, and the commissioner now acts under the general direction of its secretary.
6. Is appointed by the President and Senate. His duties are best explained in the language of the law itself, which, in speaking of the creation and appointment of this official, says that his duties shall be “to superintend, execute and perform all such acts and things touching and respecting the granting and issuing of patents for new and useful discoveries, inventions and improvements, as are herein provided for, or shall hereafter be by law directed to be done and performed.”
He has the charge and custody of all books, records, papers, models, machines, and all other things belonging to the patent office; and has the privilege of sending and receiving letters and packages by mail, relating to the business of the office, free of postage. He has the power to appoint his clerks, examiners and subordinates; among whom are patent office agents, who may be appointed in not more than twenty of the principal cities and towns in the United States. It is their duty to forward to the patent office all such models, specimens and manufactures, as shall be intended to be patented.
7. In cases of appeal from the decision of the commissioner, the appeal may be made to the board of examiners, or to the Chief Justice of the District Court of the United States for the District of Columbia. There is a seal for the patent office, which the commissioner keeps, and which he must affix to patents when granted, and to other papers and records issued from his office, which are wanted as evidence in other places.
He is also authorized to publish a classified and alphabetical list of all patents issued at the patent office. This he frequently does, for the information of the public.
Pensions are a provision, made by the general government, for the officers and privates of the army and navy disabled in the service of the country. They peril their lives for the protection of the public, and it has always been regarded as just that a support, proportioned to the extent of injury received, should be given to them, or to those dependent on them in case of their death. It is properly a continuance of pay in consideration of the services rendered. It does not often amount to a full support, and is graduated by the amount each received, according to rank.
Was appointed and placed at the head of a bureau, at first in the War Department, but afterward transferred to the care of the Secretary of the Interior. It is a Pension Office, in fact. This commissioner is appointed by the President and Senate in the same manner as other important officers. It is his duty to carry into effect the pension laws. He is authorized to appoint pension agents in all the States and Territories, who receive and distribute the money due to pensioners in their several districts, the agents receiving from the government a percentage for their services.
There has always been a large number on the list. At first they were the disabled soldiers and sailors of the Revolutionary War; then of the War of 1812 with England, followed in 1846 by the Mexican War. But all these were few compared with the number disabled in the Civil War. The amountappropriated by Congress for the year 1873-4, for pensions was $30,480,000. The law carefully protects the pensions against frauds and forbids its attachment by any legal process whatever. The nation is grateful to its brave defenders.
The proper officials to whom all applications should be made, by letter or petition, in Washington, are, by a soldier having his discharge, to the Paymaster General; when the discharge paper is lost, to the Second Auditor of the Treasury; when by those who represent a deceased person, to the second Auditor of the Treasury; when for commutation of rations, to the same officer; when for pensions, or any matter connected with pensions, to the Commissioner of Pensions.
Instructions have been prepared for all applicants, by the Commissioner of Pensions for the purpose of preventing fraud or misunderstanding. They are, in substance:
By the act of Congress approved July 14th, 1862, and amendatory acts, pensions are granted as follows:
1. Invalids, disabled in the military or naval service of the United States, in the line of duty.
2. Widows of persons who have been killed or have died in the military or naval service of the United States.
3. Children under sixteen, of the classes of persons on account of whose death widows are entitled; provided said widows have died, or have remarried.
4. Mothers of all classes of persons on account of whose death widows are entitled, provided said mothers were dependent on the deceased for support and no minor child survived.
5. Fathers, the same as mothers, in case of the death of the latter.
6. Brothers and sisters, under sixteen, provided they were dependent for support upon the person on account of whose decease they claim.
The First Section of the Act of July 14th, 1862, showing the rates of pension to the several classes and grades, is as follows:
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That if any officer, non-commissioned officer, musician, or private of the army, including regulars, volunteers, militia, or any officer, warrant, or petty officer, musician, seaman, ordinary seaman, flotillaman, marine, clerk, landsman, pilot, or other person in the navy or marine corps, has been, since the fourth day of March, eighteen hundred and sixty-one, or shall hereafter be, disabled by reason of any wound received or disease contracted while in the service of the United States, and in the line of duty, he shall, upon making due proof of the fact according to such forms and regulations as are or may be provided by, or in pursuance of law, be placed upon the list of invalid pensions of the United States, and be entitled to receive, for the highest rate of disability, such pension as is hereinafter provided in such cases, and for an inferior disability an amount proportionate to the highest disability, to commence as hereinafter provided, and continue during the existence of such disability. The pension for a total disability for officers, non-commissioned officers, musicians and privates employed in the military service of the United States, whether regulars, volunteers, or militia, and in the marine corps, shall be as follows, viz.: lieutenant-colonel and all officers of a higher rank, thirty dollars per month; major, twenty-five dollars per month; captain, twenty dollars per month; first lieutenant, seventeen dollars per month; second lieutenant, fifteen dollars per month; and non-commissioned officers, musicians and privates, eight dollars per month. The pension for total disability for officers, warrant or petty officers, and others employed in the naval service of the United States, shall be as follows, viz.: captain, commander, surgeon, paymaster, and chief engineer, respectively, ranking with commander by law, lieutenant commanding, and master commanding, thirty dollars per month; lieutenant, surgeon, paymaster, and chief engineer, respectively, ranking with lieutenant by law, and passed assistant surgeon, twenty-five dollars per month; professor of mathematics,master, assistant surgeon, assistant paymaster, and chaplain, twenty dollars per month; first assistant engineer and pilots, fifteen dollars per month; passed midshipman, midshipman, captain’s, and paymaster’s clerk, second and third assistant engineers, master’s mate, and all warrant officers, ten dollars per month; all petty officers, and all other persons before named employed in the naval service, eight dollars per month; and all commissioned officers, of either service, shall receive such and only such pension as is herein provided for the rank in which they hold commissions.