The People's guide, a business, political, and religious directory of Henry Co., Ind. : together with a collection of very important documents and statistics connected with our moral, political and scientific history : also, a historical sketch of Henry County, Part 25

Author: Cline & McHaffie
Publication date: 1874
Publisher: Indianapolis : Indianapolis Print. and Pub. House
Number of Pages: 414


USA > Indiana > Henry County > The People's guide, a business, political, and religious directory of Henry Co., Ind. : together with a collection of very important documents and statistics connected with our moral, political and scientific history : also, a historical sketch of Henry County > Part 25


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25


Art. 7. When land forces are raised by any State for the common defense, all officers of, or under the rank of colonel, shall be appointed by the legislature of each State respectively, by whom such forces shall be raised, or in such manner as such State shall direct, and all vacancies shall be filled up by the State which first made the appointment.


391


ARTICLES OF CONFEDERATION.


Art. 8. All charges of war, and all other expenses that shall be incurred for the common defense or general welfare, and al- lowed by the United States in Congress assembled, shall be de- frayed out of the common treasury, which shall be supplied by the several States, in proportion to the value of all land within each State, granted to or surveyed for any person, as such land and the buildings and improvements thereon shall be estimated according to such mode as the United States in Congress assem- bled shall from time to time direct and appoint. The taxes for paying that proportion shall be laid and levied by the authority and direction of the legislatures of the several States within the time agreed upon by the United States in Congress assembled.


Art. 9. The United States in Congress assembled shall have the sole and exclusive right and power of determining on peace and war, except in the cases mentioned in the 6th article-of sending and receiving embassadors-entering into treaties and alliances, provided that no treaty of commerce shall be made whereby the legislative power of the respective States shall be restrained from imposing such imposts and duties on foreigners as their own people are subjected to, or from prohibiting the ex- portation or importation of any species of goods or commodities whatsoever-of establishing rules for deciding in all cases what captures on land or water shall be legal, and in what manner prizes taken by land or naval forces in the service of the United States shall be divided or appropriated-of granting letters of marque and reprisal in times of peace-appointing courts for the trial of piracies and felonies committed on the high seas, and es- tablishing courts for receiving and determining finally appeals in all cases of capture, provided that no member of Congress shall be appointed a judge of any of the said courts.


The United States in Congress assembled shall also be the last resort on appeal in all disputes and differences now subsist- ing, or that hereafter may arise between two or more States concerning boundary, jurisdiction, or any other cause whatever ; which authority shall always be exercised in the manner follow- ing :- Whenever the legislative or executive authority or lawful agent of any State in controversy with another shall present a petition to Congress, stating the matter in question, and praying for a hearing, notice thereof shall be given by order of Congress,


392


ARTICLES OF CONFEDERATION.


to the legislative or executive authority of the other State in con- troversy, and a day assigned for the appearance of the parties by their lawful agents, who shall then be directed to appoint, by joint consent, commissioners or judges to constitute a court for hearing and determining the matter in question ; but if they can not agree, Congress shall name three persons out of each of the United States, and from the list of such persons each party shall alternately strike out one, the petitioners beginning, until the number shall be reduced to thirteen ; and from that number not less than seven, nor more than nine names, as Congress shall direct, shall in the presence of Congress be drawn out by lot, and the persons whose names shall be so drawn, or any five of them, shall be commissioners or judges, to hear and finally de- termine the controversy, so always as a major part of the judges who shall hear the cause shall agree in the determination ; and if either party shall neglect to attend at the day appointed, with- out showing reasons which Congress shall judge sufficient, or being present shall refuse to strike, the Congress shall proceed to nominate three persons out of each State, and the Secretary of Congress shall strike in behalf of such party absent or refus- ing ; and the judgment and sentence of the court, to be appointed in the manner above prescribed, shall be final and conclusive ; and if any of the parties shall refuse to submit to the authority of such court, or to appear or defend their claim or cause, the court shall, nevertheless, proceed to pronounce sentence or judg- ment, which shall in like manner be final and decisive, the judg- ment or sentence and other proceedings being in either case transmitted to Congress and lodged among the acts of Congress for the security of the parties concerned ; provided that every commissioner, before he sits in judgment, shall take an oath, to be administered by one of the judges of the Supreme or Supe- rior Court of the State where the cause shall be tried, "well and truly to hear and determine the matter in question, accord- ing to the best of his judgment, without favor, affection, or hope of reward ; " provided also that no State shall be deprived of territory for the benefit of the United States.


All controversies concerning the private right of soil claimed under different grants of two or more States, whose jurisdictions as they may respect such lands, and the States which passed


393


ARTICLES OF CONFEDERATION.


such grants, are adjusted ; the said grants or either of them being at the same time claimed to have originated antecedent to such settlement of jurisdiction, shall, on the petition of either party to the Congress of the United States, be finally deter- mined as near as may be in the same manner as is before pre- scribed for deciding disputes respecting territorial jurisdiction between different States.


The United States in Congress assembled shall also have the sole exclusive right and power of regulating the alloy and value of coin struck by their own authority, or by that of the respect- ive States-fixing the standard of weights and measures through- out the United States-regulating the trade and managing all affairs with the Indians, not members of any of the States ; pro- vided that the legislative right of any State within its own limits be not infringed or violated-establishing or regulating post- offices from one State to another, throughout all the United States, and exacting such postage on the papers passing through the same as may be requisite to defray the expenses of the said office-appointing all officers of the land forces, in the service of the United States, excepting regimental officers-appointing all the officers of the naval forces, and commissioning all officers whatever in the service of the United States-making rules for the government and regulation of the said land and naval forces, and directing their operations.


The United States in Congress assembled shall have authority to appoint a committee, to sit in the recess of Congress, to be denominated "A Committee of the States," and to consist of one delegate from each State ; and to appoint such other committees and civil officers as may be necessary for managing the general affairs of the United States, under their direction-to appoint one of their number to preside ; provided that no person be al- lowed to serve in the office of president more than one year in any term of three years-to ascertain the necessary sums of money to be raised for the service of the United States, and to appropriate and apply the same for defraying the public ex- penses-to borrow money, or emit bills on the credit of the United States, transmitting every half year to the respective States an account of the sums of money so borrowed or emitted


394


ARTICLES OF CONFEDERATION.


-to build and equip a navy-to agree upon the number of land forces, and to make requisitions from each State for its quota, in proportion to the number of white inhabitants in such State, which requisition shall be binding; and thereupon the legislatures of each State shall appoint the regimental officers, raise the men, and clothe, arm, and equip them in a soldier-like manner, at the expense of the United States; and the officers and men so clothed, armed, and equipped, shall march to the place appointed, and within the time agreed on by the United States in Congress assembled ; but if the United States in Con- gress assembled shall, on consideration of circumstances, judge proper that any State should not raise men, or should raise a smaller number than its quota, and that any other State should raise a greater number of men than the quota thereof, such extra number shall be raised, officered, clothed, armed, and equipped in the same manner as the quota of such State, unless the legis- lature of such State shall judge that such extra number can not be safely spared out of the same ; in which case they shall raise, officer, clothe, arm, and equip as many of such extra number as they judge can be safely spared. And the officers and men so clothed, armed, and equipped, shall march to the place ap- pointed, and within the time agreed on by the United States in Congress assembled.


The United States in Congress assembled shall never engage in a war, nor grant letters of marque and reprisal in time of peace, nor enter into any treaties or alliances, nor coin money, nor regulate the value thereof, nor ascertain the sums and ex- penses necessary for the defense and welfare of the United States, or any of them, nor emit bills, nor borrow money on the credit of the United States, nor appropriate money, nor agree upon the number of vessels of war to be built or pur- chased, or the number of land or sea forces to be raised, nor appoint a commander-in-chief of the army or navy, unless nine States assent to the same; nor shall a question on any other point, except for adjourning from day to day, be determined, unless by the votes of a majority of the United States in Con- gress assembled.


The Congress of the United States shall have power to ad- journ to any time within the year, and to any place within the


395


ARTICLES OF CONFEDERATION.


United States, so that no period of adjournment be for a longer duration than the space of six months, and shall publish the journal of their proceedings monthly, except such parts thereof relating to treaties, alliances, or military operations, as in their judgment require secrecy ; and the yeas and nays of the dele- gates of each State on any question shall be entered on the journal when it is desired by any delegate; and the delegates of a State, or any of them, at his or their request, shall be fur- nished with a transcript of the said journal, except such parts as are above excepted, to lay before the legislatures of the sev- eral States.


Art. 10. The Committee of the States, or any nine of them, shall be authorized to execute, in the recess of Congress, such of the powers of Congress as the United States in Congress as- sembled, by the consent of nine States, shall, from time to time, think expedient to vest them with; provided that no power be delegated to the said committee, for the exercise of which, by the Articles of Confederation, the voice of nine States in the Congress of the United States assembled is requisite.


Art. II. Canada, acceding to this confederation and joining in the measures of the United States, shall be admitted into, and entitled to all the advantages of this union ; but no other colony shall be admitted into the same unless such admission be agreed to by nine States.


Art. 12. All bills of credit emitted, moneys borrowed, and debts contracted by, or under the authority of Congress, before the assembling of the United States, in pursuance of the pres- ent confederation, shall be deemed and considered as a charge against the United States-for payment and satisfaction whereof the said United States and the public faith are hereby solemnly pledged.


Art. 13. Every State shall abide by the determinations of the United States in Congress assembled on all questions which, by this confederation, are submitted to them. And the articles of this confederation shall be inviolably observed by every State, and the Union shall be perpetual ; nor shall any alteration at any time hereafter be made in any of them, unless such altera-


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ARTICLES OF CONFEDERATION.


tion be agreed to in a Congress of the United States, and be afterward confirmed by the legislatures of every State.


And Whereas, It hath pleased the Great Governor of the World to incline the hearts of the legislatures we respectively represent in Congress, to approve of and to authorize us to ratify the said Articles of Confederation and perpetual Union,


Know Ye, That we, the undersigned delegates, by virtue of the power and authority to us given for that purpose, do, by these presents, in the name and in behalf of our respective con- stituents, fully and entirely ratify and confirm each and every of the said Articles of Confederation and perpetual Union, and all and singular the matters therein contained. And we do fur- ther solemnly plight and engage the faith of our respective con- stituents, that they shall abide by the determinations of the United States in Congress assembled on all questions which, by the said confederation, are submitted to them. And that the articles thereof shall be inviolably observed by the States we respectively represent, and that the Union shall be perpetual. In witness whereof we have hereunto set our hands in Congress


Done' at Philadelphia, in the State of Pennsylvania, the 9th day of July, in the year of our Lord 1778, and in the 3d year of the Independence of America.


397


HOMESTEAD LAW.


HOMESTEAD LAW.


By act of Congress of May 20, 1862, any person who is the head of a family, or who has arrived at the age of twenty-one years, or has performed service in the army or navy, and is a citizen of the United States, or shall have filed his declaration of intention to become such, and has never borne arms against the Government of the United States, or given aid and comfort to its enemies, shall, from and after the Ist of January, 1863, be entitled to enter a quarter section ( 160 acres) of unappropriated public land, upon which he or she may have already filed a pre- emption claim, or which is subject to pre-emption, at $1. 25 per acre ; or 80 acres of unappropriated lands, at $2.50 per acre. In order to make his or her title good to such lands, however, such person must make affidavit that such application is made for his or her exclusive use and benefit, and that said entry is made for the purpose of actual settlement and cultivation, and not, either directly or indirectly, for the use or benefit of any other person or persons whomsoever; and upon filing the affida- vit, and paying the sum of ten dollars to the register or receiver, such person shall be allowed to enter the land specified ; but no certificate or patent is issued for the land until five years from the date of such entry, and the land must, during that time, be improved and not alienated (it can not be taken for debt).


At any time within two years after the expiration of said five


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HOMESTEAD LAW.


years, the person making the entry, or, in case of his or her death, his widow or heirs, may, on proof by two witnesses that he or she has cultivated or improved said land, has not alienated any part of it, and has borne true allegiance to the United States, be entitled to a patent, if at that time a citizen of the United States. In case of the abandonment of the lands by the person making the entry, for a period of more than six months at one time, they revert to the United States.


399


INDEX.


INDEX.


PAGE. Declaration of Independence. 3


Constitution of the United States 9


Constitution of Indiana. 26


Emancipation Proclamation.


54


Political Platforms 56


Baxter Liquor Law


85


Geological Items. 93


Philosophy 104


Sketches of Astronomy 106


Pay of Government Officers. 114


Religious 115


Population of States and Territories 117


Population of Principal Cities. 117


Male Inhabitants 118


Vote of Each State 119


Population of Indiana by Counties. 120


Population of Indiana Towns. 121


Sabbath Schools 125


127


Recipes


131


Preface


133


Henry County History


141


Blue River Township


Dudley Township. 149


Franklin Township. 162


Fall Creek Township 178


Greensboro Township. 195


400


INDEX.


Henry Township 211


Harrison Township. 240


Jefferson Township 258


Liberty Township 272


Prairie Township .. 293


Stony Creek Township. 308


Spiceland Township 318


Wayne Township .. 342


Constitutional Amendments 385


Articles of Confederation 387


Homestead Law 397


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