Page images
PDF
EPUB

246

PROCLAMATIONS.

BUCHANAN'S PROCLAMATION IN 1860.

with him, that he is the identical person he represents himself to be, that his habits and character are good, and that his occupation is that of a lawyer's clerk; and they further state that they have no interest in the prosecution of this claim.

EDWARD C. THOMAS, BARTLETT CHAUNCEY.

Sworn to and subscribed before me this first day of April, A. D. 1865; and I hereby certify that I have no interest, direct or indirect, in the prosecution of this claim.

HIRAM COE, Justice of the Peace.

The Widow's Application.

The widow of a soldier, who died while in the line of his duty and is entitled to a pension under the laws of the United States, must execute an affidavit similar to the foregoing, setting forth that she

Doth on her oath make the following declaration in order to obtain the benefits of the provision made by the act of Congress, approved July 14, 1862, granting pensions; that she is the widow of Charles James Fox, late of the county of Oswego, and State of New York, who was a corporal in Company M, commanded by Captain Martin Roy, in the Ninety-third Regiment of New York Volunteer Infantry, mustered into the service of the United States, from the State of New York, in the war of 1861, and who was killed at the first battle of Bull Run, on the twenty-first day of July, A. D. 1861, as this deponent verily believes. She further declares that she was lawfully married to the said Charles James Fox, at Oswego, in the State of New York,

by the Rev. William Pitt, a clergyman of the Congregational church, on the fourth day of February, A. D. 1856; that her husband, the aforesaid Charles James Fox, died on the day above mentioned, as she verily believes, and she remained his faithful wife until his decease. She further declares that she has remained his widow ever since the death of her said husband. She further declares that she had by her said deceased husband one child, a boy, now living, under the age of sixteen years, named Ebon Fox, aged eight years, and residing with her at Oswego, in the State of New York; and that she has not, in any manner, been engaged in, or aided or abetted, the rebellion in the United States, and that her maiden name was Stella Swift. My post-office address is 750 Fifth street, Oswego, Oswego county, State of New York.

STELLA FOX.

Also personally appeared Mary Rose and Hermann Lange, residents of Oswego, in the county of Oswego, and State of New York, persons whom I certify to be respectable and entitled to credit, and who, being by me duly sworn, say that they were present and saw Stella Fox sign her name to the foregoing declaration; and they further swear that they have known the parties above described to have lived together as husband and wife five years previous to and up to the time of deceased going into the aforesaid service of the United States, and that they have every reason to believe, from the appearance of the applicant, and their acquaintance with her, that she is the identical person she represents herself to be; and that they have no interest in the prosecution of this claim.

[Sworn to and subscribed as in the declaration preceding.]

[blocks in formation]

President Buchanan's Proclamation for a Fast-Day in 1860.

In

Numerous appeals have been made to me by pions and patriotic associations and citizens, in view of the present distracted and dangerous condition of our country, to recommend that a day be set apart for humiliation, fasting and prayer throughout the Union. compliance with their request, and my own sense of duty, I designate Friday, the fourth day of January, 1861, for this purpose, and recommend that the people assemble on that day, according to their several forms of worship, to keep it as a solemn fast.

The Union of the States is at the present moment threatened with alarming and immediate danger-panic and distress of a fearful character prevail throughout the land-our laboring population are without employment, and consequently deprived of the means of earning their bread—indeed hope seems to have deserted the minds of men. All classes are in a state of confusion and dismay; and the wisest counsels of our best and purest men are wholly disregarded. In this, the hour of our calamity and peril, to whom shall we resort for relief but to the God of our fathers? His omnipotent arm only can save us from the awful effects of our crimes and follies-our own ingratitude and guilt towards our Heavenly Father.

Let us, then, with deep contrition and penitent sorrow, unite in

in those to whom they are addressed, although no penalty attaches to their infraction, except in time of war, invasion or insurrection, when offenders are punished by the ruling authorities, whether civil or military.

The most of the following forms show proclamations which have been actually issued upon important occasions by government officials.

humbling ourselves before the Most High, in confessing our individual and national sins, and in acknowledging the justice of our punishment. Let us implore Him to remove from our hearts that false pride of opinion which would impel us to persevere in wrong for the sake of consistency, rather than yield a just submission to the unforeseen exigencies by which we are now surrounded. Let us,

with deep reverence, beseech Him to restore the friendship and good-will which prevailed in former days among the people of the several States, and, above all, to save us from the horrors of civil war and " blood-guiltiness." Let our fervent prayers ascend to His throne, that He would not desert us in this hour of extreme peril, but remember us as He did our fathers in the darkest days of the Revolution, and preserve our constitution and our Union-the work of their hands-for ages yet to come. An Omnipotent Providence may overrule existing evils for permanent good. He can make the wrath of man to praise Him, and the remainder of wrath He can restrain. Let me invoke every individual, in whatever sphere of life he may be placed, to feel a personal responsibility to God and his country for keeping this day holy, and for contributing all in his power to remove our actual and impending difficulties. JAMES BUCHANAN.

WASHINGTON, D. C., December 14, 1860.

PRESIDENTIAL PROCLAMATIONS.

MAYORS PROCLAMATIONS.

247

Emancipation Proclamation by President Lincoln.

WHEREAS, on the twenty-second day of September, in the year of our Lord one thousand eight hundred and sixty-two, a proclamation was issued by the President of the United States, containing, among other things, the following, to wit:

"That on the first day of January, in the year of our Lord one thousand eight hundred and sixty-three, all persons held as slaves within any State or designated part of a State, the people whereof shall then be in rebellion against the United States, shall be then, thence forward, and forever, free; and the executive government of the United States, including the military and naval authority thereof, will recognize and maintain the freedom of such persons, and will do no act or acts to repress such persons, or any of them, in any efforts they may make for their actual freedom.

That the executive will, on the first day of January aforesaid, by proclamation, designate the States and parts of States, if any, in which the people thereof, respectively, shall then be in rebellion against the United States; and the fact that any State, or the people thereof, shall on that day be in good faith represented in the Congress of the United States, by members chosen thereto at elections wherein a majority of the qualified voters of such States shall have participated, shall, in the absence of strong countervailing testimony, be deemed conclusive evidence that such State, and the people thereof, are then in rebellion against the United States."

Now, therefore, I, Abraham Lincoln, President of the United States, by virtue of the power in me vested as commander-in-chief of the army and navy of the United States, in time of actual armed rebellion against the authority and government of the United States, and as a fit and necessary war measure for suppressing said rebellion, do, on this first day of January, in the year of our Lord one thousand eight hundred and sixty-three, and in accordance with my purpose so to do, publicly proclaimed for the full period of one hundred days from the day first above mentioned, order and designate as the States and parts of States wherein the people thereof, respectively, are this day in rebellion against the United States, the following, to wit:

Arkansas, Texas, Louisiana (except the parishes of St. Bernard. Plaquemines, Jefferson, St. John, St. Charles, St. James, Ascension, Assumption, Terre Bonne, Lafourche, St. Mary, St. Martin and Orleans, including the city of New Orleans), Mississippi, Alabama, Florida, Georgia, South Carolina, North Carolina and Virginia (except the forty-eight counties designated as West Virginia, and also the counties of Berkeley, Accomac, Northampton, Elizabeth City, York, Princess Ann and Norfolk, including the cities of Norfolk and Portsmouth), and which excepted parts are for the present left precisely as if this procla.nation were not issued.

And by virtue of the power and for the purpose aforesaid, I do order and declare that all persons held as slaves within said designated States and parts of States are, and henceforward shall be, FREE and that the executive government of the United States, including the military and naval authorities thereof, will recognize and maintain the freedom of said persons.

And I hereby enjoin upon the people so declared to be free to abstain from all violence, unless in necessary self-defense; and I recommend to them that, in all cases when allowed, they labor faithfully for reasonable wages.

And I further declare and make known that such persons, of suitable condition, will be received into the armed service of the United States to garrison forts, positions, stations and other places, and to man vessels of all sorts in said service.

And upon this act, sincerely believed to be an act of justice, warranted by the constitution upon military necessity, I invoke the considerate judgment of mankind and the gracious favor of Almighty God.

In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed.

[blocks in formation]

Proclamation at the Time of the Chicago Fire. WHEREAS, in the providence of God, to whose will we humbly submit, a terrible calamity has befallen our city, which demands of us our best efforts for the preservation of order and the relief of the suffering.

Be it known that the faith and credit of the city of Chicago is hereby pledged for the necessary expenses for the relief of the suffering. Public order will be preserved. The police, and special police now being appointed, will be responsible for the maintenance of the peace and the protection of property. All officers and men of the fire department and health department will act as special policemen without further notice. The mayor and comptroller will give vouchers for all supplies furnished by the different relief committees. The head-quarters of the city government will be at the Congregational church, corner of West Washington and Ann streets. All persons are warned against any acts tending to endanger property. All persons caught in any depredation will be immediately arrested.

With the help of God, order and peace and private property shall be preserved. The city government and the committees of citizens pledge themselves to the community to protect them and prepare the way for a restoration of public and private welfare.

It is believed the fire has spent its force, and all will soon be well. R. B. MASON, Mayor. GEORGE TAYLOR, Comptroller.

T. B. BROWN, President Board of Police. CHARLES C. P. HOLDEN, President Common Council. CHICAGO, October 9, 1871.

Chicago Fire Proclamation in New York.

MAYOR'S OFFICE, NEW YORK,

Afternoon of October 9, 1871.

A disaster has fallen on the great city of Chicago, which not only has destroyed the best part of its dwellings, and paralyzed its industry and its business, but threatens the gravest consequences to the commerce and prosperity of our country. It has also reduced thousands of people to houselessness and privation. A dispatch from the mayor of Chicago comes in these words; "Can you send us some aid for a hundred thousand houseless people? Army bread and cheese desirable." I have responded that New York will do everything to alleviate this disaster; and I now call upon the people to make such organization as may be speediest and most effective for the purpose of sending money and clothing and food. I would recommend the immediate formation of general relief committees, who would take charge of all contributions, in order that no time may be lost in carrying relief to those of our fellow-citizens who have fallen under this dispensation of Providence. I suggest that the Chamber of Commerce, the Produce Exchange, the Board of Brokers, and the united presidents of the banks, and all religious and charitable associations immediately call a meeting of their respective members, and from them select independent relief committees, who shall solicit subscriptions of money, food and clothing within their appropriate spheres of action. In the meantime I am authorized to state that contributions of food and clothing sent to the depots of the Erie and Hudson and Central railroads (under early and spontaneous offers of Jay Gould and William H. Vanderbilt), in even small quantities, from individuals or business

248

FORMS FOR PROCLAMATIONS.

SUBSCRIPTION HEADINGS.

sources, will be at once forwarded through to Chicago free of expense. I cannot too strongly urge upon our citizens immediate attention to this subject.

A. OAKEY HALL, Mayor.

President's Proclamation for Thanksgiving.

By the President of the United States of America-a Proclamation: In conformity with custom, the annual observance of which is justly held in honor by this people, I, Chester A. Arthur, President of the United States, do hereby set apart Thursday, the thirtieth day of November next, as a day of public thanksgiving.

The blessings demanding our gratitude are numerous and varied; for the peace and amity which subsist between this republic and all nations of the world; for freedom from internal discord and violence; for increasing friendliness between the different sections of this land of liberty, justice and constitutional government; for the devotion of our people to our free institutions, and their cheerful obedience to mild laws; for the constantly increasing strength of the republic, while extending its privileges to fellow-men who come to us: for the improved means of internal communication and the increased facilities of intercourse with other nations; for the general prevailing health of the year; for the prosperity of all our industries-a liberal return for the mechanic's toil, affording a market for the abundant harvests of the husbandmen; for the preservation of the national faith and credit; for the wise and generous provision to effect the intellectual and moral education of our youth; for the influence upon conscience of restraining and transforming religion, and for the joys of home; for these and for many other blessings we should give thanks.

WHEREFORE, I do recommend that the day above designated be observed throughout the country as a Day of National Thanksgiving and Prayer, and that the people, ceasing from their daily labors, and, meeting in accordance with their several forms, worship and draw

near to the Throne of Almighty God, offering to Him praise and gratitude for the manifold good which He has vouchsafed to us, and praying that His blessings and mercies may continue.

And I do further recommend that the day thus appointed may be made the special occasion for deeds of kindness and charity to the suffering and needy, so that all who dwell within the land may rejoice and be glad in this season of national thanksgiving.

IN WITNESS WHEREOF I have hereunto set my hand, and caused the seal of the United States to be affixed.

[blocks in formation]

Proclamation Concerning Mad Dogs.

WHEREAS, it has been officially reported to me that mad dogs have recently bitten certain dogs and other animals within this corporation, thereby endangering their lives and the lives of our citizens:

Therefore, in order to preserve the lives and peace of our citizens and their animals, I do hereby order that from and after the date hereof, for the next sixty days, any dog found running at large, without having a substantial wire muzzle securely fastened over its mouth, shall be shot by the city marshal or officers under his charge. IN WITNESS WHEREOF I have affixed my signature and the official seal of the city of Herman, in the county of Grant, and State of Minnesota, this thirty-first day of June, A. D. 1880. PHILO STEPHENS, Mayor. Attest: ELI M. PAGE, City Clerk.

CITY
SEAL.

[blocks in formation]

purpose

We, the undersigned, agree to pay the sums set opposite our names, to John Jones, for the of defraying the expenses necessary to the appropri ati celebration, in this city, of our National Independence, on the couing Fourth of July.

[ocr errors][merged small][ocr errors][merged small][merged small][merged small][merged small]

THE LAW RELATING TO WILLS.

249

25

WILLS.

HE LEGAL declaration of what a person determines to have done with his property after death, is termed a will. All persons of lawful age, possessed of sound mind, excepting married women in certain States, are entitled to dispose of their property by will.

No exact form of words is necessary in order to make a will good at law; though much care should be exercised to state the provisions of the will so plainly that its language may not be misunderstood.

The person making the will is termed the testator (if a female, testatrix).

A will is of no force and effect until the death of the testator, and can be cancelled or modified at any date by the maker.

of having the wishes of the testator fully and clearly defined in a written will.

To give or make a devise of property by will and subsequently dispose of the same, without altering the will to conform to such sale, destroys the validity of the devise.

A will made by an unmarried woman is legally revoked by marriage; but she can take such legal steps in the settlement of her property before marriage as will empower her to dispose of the same as she may choose, after marriage.

No husband can make a will that will deprive the wife of her right of dower in the property; that is, her right to the proceeds of one-third of the real estate and appurtenances, as long as she may live. But the husband can will the wife a certain amount in lieu of her dower, stating it to

The last will made annuls the force of all pre- be in lieu thereof. Such bequest, however, will not ceding wills, if not an addition to them.

The law regards marriage, and offspring resulting, as good evidence of revocation of a will made prior to such marriage, unless the wife and children are provided for by the husband in some other manner, in which case the will remains in full force.

To convey real estate by will, it must be done in accordance with the law of the State or country where such land is located; but personal property is conveyed in harmony with the law that obtains at the place of the testator's residence.

There are two kinds of wills, namely, written and verbal, or nuncupative. The latter, or spoken wills, depending upon proof of persons hearing the same, generally relate to personal property only, and are not recognized in all the States, unless made within ten days previous to the death, or by persons in the military or naval service. Verbal or unwritten wills are usually unsafe, and, even when well authenticated, often make expensive litigation; hence the necessity

exclude her from her dower, provided she prefers it to the bequest made in the will. Unless the husband states distinctly that the bequest is in lieu of dower, she is entitled to both.

Property bequeathed must pay debts and incumbrances upon the same before its distribution can be made to the legatees of the estate.

Though property may be willed to a corporation, the corporation cannot accept such gift unless provision is made for so doing in its charter.

A will may be revoked by marriage, a codicil, destruction of the will, disposing of property devised in a will, or by the execution of another will.

The person making a will may appoint his executors, but no person can serve as such executor if, at the time of the proving of the will, he be under twenty-one years of age, a convict, a thor oughly confirmed drunkard, a lunatic, or an imbecile. No person appointed as an executor is obliged to serve, but may renounce his appointment by legal written notice signed before

250

GENERAL FACTS RELATING TO WILLS.

two witnesses, which notice must be recorded by | Utah, Texas, California, New Jersey, Delaware, the officer before whom the will is proved.

The person named in the will by the testator to administer the same is termed an executor. The individual appointed by a court is known as an administrator. The duties of each, in the settlement of an estate, are essentially the same. In case a married woman possesses property, and dies without a will, her husband is entitled to administer upon such property in preference to any one else, provided he be of sound mind. Any devise of property made to a subscribing witness is invalid, although the integrity of the will in other respects is not affected.

In all wills the testator's full name should be written at the end of the will. If he be unable If he be unable to write, he may have his hand guided in making a mark against the same. If he possesses a sound mind, and is conscious at the time of the import of his action, such mark renders the will valid.

Witnesses should always write their respective places of residence after their names, their signatures being written in the presence of each other, and in the presence of the testator.

Different States require a different number of witnesses. To illustrate: Missouri, Illinois, Ohio. Kentucky, North Carolina, Tennessee, Iowa,

General Form of Will for Real and Personal Property.

I, Warren P. Holden, of the town of Bennington, county of Bennington, State of Vermont, being aware of the uncertainty of life, and in failing health, but of sound mind and memory, do make and declare this to be my last will and testament, in manner following, to wit:

First. I give, devise and bequeath unto my oldest son, Lucius Denne Holden, the sum of One Thousand Dollars, of bank stock, now in the First National Bank of Troy, New York, and the farm owned by myself in the town of Arlington, consisting of one hundred and forty acres, with all the houses, tenements, and improvements thereunto belonging; to have and to hold unto my said son, his heirs and assigns, forever.

Second. I give, devise and bequeath to each of my daughters, Fanny Almira Holden and Hannah Oriana Holden, each One Thousand Dollars in bank stock, in the First National Bank of Troy, N. Y., and also each one quarter-section of land, owned by myself, situated in the town of Mount Pleasant, Iowa, and recorded in my name in the recorder's office in the county where such land is located. The north one hundred and sixty acres of said half-section is devised to my eldest daughter, Fanny Almira.

Third. I give, devise and bequeath to my son, Emory Randor Holden, five shares of railroad stock in the Troy and Boston Railroad, and my one hundred and sixty acres of land and saw-mill thereon, situated in Muskegon, Michigan, with all the improvements

Indiana, Virginia, Oregon, Minnesota, Michigan, Wisconsin, Rhode Island, Louisiana and New York require Two witnesses.

The States of Florida, Mississippi, Maryland, Georgia, South Carolina, Massachusetts Connecticut, Maine, New Hampshire and Vermont demand THREE witnesses to authenticate a will.

Witnesses are not required to know the contents of a will. They have simply to know that the document is a will, and witness the signing of the same by the testator, or he to witness their signing.

Proof of signature of the testator by the oath of two reputable witnesses, is sufficient to establish the validity of a will in the State of Pennsylvania; no subscribing witnesses being absolutely demanded.

CODICILS.

An addition to a will, which should be in writing, is termed a codicil, and executed like a will.

A codicil is designed to explain, modify, or change former bequests made in the body of the will. It should be done with the same care and precision as was exercised in the making of the will itself.

and appurtenances thereunto belonging, which said real estate is recorded in my name in the county where situated.

Fourth. I give to my wife, Mary Leffenwell Holden, all my household furniture, goods, chattels and personal property, about my home, not hitherto disposed of, including Six Thousand Dollars of bank stock, in the First National Bank of Troy, New York, fifteen shares in the Troy and Boston Railroad, and the free and unrestricted use, possession and benefit of the home-farm, so long as she may live, in lieu of dower, to which she is entitled by law, said farm being my present place of residence.

Fifth. I bequeath to my invalid father, Walter B. Holden, the income from rents of my store building, at 144 Water street, Troy, New York, during the term of his natural life. Said building and land therewith to revert to my said sons and daughters in equal proportion, upon the demise of my said father.

Sixth. It is also my will and desire that, at the death of my wife, Mary Leffenwell Holden, or at any time when she may arrange to relinquish her life-interest in the above-mentioned homestead, the same may revert to my above-named children, or to the lawful heirs of each.

And lastly. I nominate and appoint as executors of this my last will and testament, my wife, Mary Leffenwell Holden, and my eldest son, Lucius Denne Holden.

I further direct that my debts and necessary funeral expenses shall be paid from moneys now on deposit in the Savings Bank of Ben

« PreviousContinue »