Gambar halaman
PDF
ePub

POPULATION OF THE UNITED STATES AT EACH CENSUS, 1790-1880.

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

NOTE.-The narrow column under each census year shows the order of the States and Territories when arranged according to magnitude of population. The figures of population for 1880 are in some cases subject to final correction at the Census Office.

Baltimore...
Baton Rouge, La.
Boston
Buffalo, N. Y..
Burlington, Vt.
Brunswick, Me.
Charleston, S. C....
Cleveland, Ohio.
Cincinnati.....
Dalles, Oregon.
· Detroit, Michigan
Fort Bliss, Texas.
Fort Bridger, Utah
Fort Brown, Texas..

Fort Colville, Wash. Ter...
Fort Craig, New Mexico..
Fort Defiance, Arizona..
Fort Garland, Colorado.

Fort Gibson, Indian Territory.
Fort Hoskins, Oregon...
Fort Kearney, Nebraska.
Fort Laramie, Wyoming..

Fort Leavenworth, Kansas..

[blocks in formation]

41.10 Fort Marcy, New Mexico....
60. 16 Fort Massachusetts, Colorado.
44.99 Fort Myers, Florida.
33.84 Fort Randall, Dakota..
34.15 Fort Smith, Arkansas.
44.68 Fort Snelling, Minnesota.

43.63 Fort Towson, Indian Territory...
37.61 Fort Vancouver, Wash. Ter..
44.87 Fortress Monroe..
21.74 Gaston, N. C....
30.05 Hanover, N. H..
9.56 Huntsville, Alabama.
6.12 Key West, Florida..
33.44 Macinac, Michigan.
9 83 Marietta, Ohio..

11.67 Meadow Valley, California.
14.21 Memphis, Tennessee.
6. 11 Milwaukee, Wisconsin.
36.37 Muscatine, Iowa...

66.71 Mount Vernon Arsenal, Ala..
25.25 Natchez, Miss.

15. 16 Neah Bay, Wash. Ter. 31.74 Newark, N. J..

Inches.

16.65 New Bedford, Mass.. 17.06 New Haven, Conn... 56.55 New Orleans, La. 16.51 New York. 40.36 Penn Yan, N. Y. 25.11 Peoria, Ill. 57.08 Philadelphia 38.84 Pittsburgh, Pa.. 47.04 Providence, R. I 43.40 Richmond, Ind.. 40.32 Sacramento, Cal. 54.88 Salt Lake, Utah. 36.23 San Francisco, Cal.. 23.96 San Diego, Cal.. 42.70 Savannah, Ga. 57.03 Sitka, Alaska,.

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

45.46 Springdale, Ky.

48.58

30.40 St. Louis, Mo.

42.18

[blocks in formation]

.123.35
44.85

[blocks in formation]

RATE OF MORTALITY IN AMERICAN CITIES.-NUMBER OF DEATHS PER ANNUM OUT

[blocks in formation]
[blocks in formation]

CITIES.

1880. 1870. 1875. 1876. 1877. 1878. 1879. 1880.

New Orleans..
New York
Paterson, N. J
Philadelphia
Pittsburgh, Pa
Providence, R. I..
Reading, Pa

Richmond, Va.
Rochester, N. Y

13.80 15.3

Salt Lake City, Utah.

18.10 28.4

17.1

13.00 21.2 19.60 22.4

31.0

29,132 32,034 22.00 24.34 24.14 15.93 21.00 24.4
115,712 71,440 14.64 18.78 16.84 13.37 15.85 21.5
43.377 25,865 43.17 31.82 29.57 20.00 25.00 23.3
136,508 105,059 20.29 27.15 23.17 .... 22.40 21.4
62,882 50,840 20.79 17.89 19.66 17.90 15.40 18.5

San Francisco...

Savannah, Ga..

Selma, Ala

St. Louis
Syracuse, N. Y..
Toledo, Ohio....
Washington, D. C....
Yonkers, N. Y.

...

216,090 191,418 27.80 26.89 34.83 30.10 21.60 24.2 1,206,299 942,292 29.79 27.23 24.36 25.24 25.82 26.7 51,031 33,579 30.94 26.72 24.28 19.29 24.85 847,170 674,022 24.35 24.51 19.02 18.03 17.20 20.9 156,389 86,076 21.69 21.90 23.87 19.49 19.40 22.1 104,857 68,904 18.94 18.30 18.81 19.75 19.60 20.0 43,280 33.930 19.55 27.95 22.50 18.8 64,670 61,038 24.97 22.18 21.93 17.37 20.10 27.6 89,366 62,386 24.39 21.27 18.41 15.65 16.00 20,768 12,8541 233.959 149.473 19.28 18.89 19.86 15.86 14.40 19.3 30,709 28.235 29.80 32.6 7.529 6,484 22 53 16.87 19.62 30.81 28.99 26.8 350,518 310,804 23.88 19.89 17.24 21.66 18.19 19.2 10.26 13.20 13.79 13.09

[blocks in formation]

DIGEST OF THE

709

Laws Relating to the Rights of American Women.

M

MARRIAGE.

JARRIAGE may be entered into by any two persons, with the following exceptions: Idiots, lunatics, persons of unsound mind, persons related by blood or affinity, within certain degrees prohibited by law; infants under the age of consent, which, in the State of New York, is 14 for males and 12 for females, and all persons already married and not legally divorced.

The law relating to marriages, touching the prohibited degrees of kindred, age, and so forth, varies according to the statutes of the different States.

Marriage may be solemnized before any person professing to be a justice of the peace or a minister of the gospel.

But a precise compliance with all the requirements of law has not been deemed necessary; and in some important provisions it has been held that a disregard of them was punishable, but did rot vitiate the marriage; as the want of consent of parents or guardians, where one party is a minor The essential thing seems to be the declaration of consent by both parties, before a person authorized to receive such declaration by law.

Consent is the essence of this contract, as of all other contracts. Hence it cannot be valid, if made by those who had not sufficient minds to consent; such as idiots, or insane persons. Hence such marriages are void at common law and by the statutes of several of the States. It is usual, however, for such marriages to be declared void by a competent tribunal after a due ascertainment of the facts. In some of the States this can be done by common law courts.

From the necessity of consent likewise, a marriage obtained by force or fraud is void; but the force or fraud must be certain and extreme.

The same is true if another husband or wife of either of the parties be living.

Bigamy or polygamy is an indictable offence in all the States, but exceptions are made in cases of long-continued absence, with belief of the death of the party, etc. But these exceptions to the criminality of the act do not change the question as to the validity of the second marriage, which is the same as before. And so if the parties are within the prohibited degrees of kindred.

The consent of parents or guardians to the marriage of minors depends on the statutes of the several States. Generally, if not universally, the marriage would be held valid, though the person celebrating it might be held punishable.

In the statutes of some of the States there are provisions to the effect that a marriage not lawfully celebrated by reason of the fraud of one of the parties shall yet be held valid in favor of the innocent party, as in case the husband imposed upon the wife by a forged or unauthorized license or a pretended clergyman.

FOREIGN MARRIAGES.

It is a doctrine of English and American law that a marriage which is valid where contracted is valid everywhere. But it is subject to some qualification. A marriage contracted elsewhere would not be held valid in a State the law of which forbade it as incestuous, although an issue might be made whether it would be held incestuous, so far as to annul the marriage, if within the degrees prohibited by the laws of the State in which the question arose, or only if it be between kindred who are too near to marry by the law of the civilized world.

If a married man, a citizen of one of our States, went into a Mormon territory, and there married again, he would not be held on his return to be the lawful nus.

band of two wives; or if a Mormon came to any of the States with two or more wives, he would not be held to be the lawful husband of all of them.

Though the rule is true that a marriage which is void when contracted is valid nowhere, there are exceptions to it: as if two Americans intermarried in China, where the marriage was performed in presence of an American chaplain, according to American forms. If such marriage were held void in China, it would be held valid in the United States.

The incidents of marriage, and contracts in relation to marriage, such as settlement of property are construed by the law of the place where these were made; this being supposed to be the intention and agreement of the parties. But this rule does not hold when the parties are married while accidentally or temporarily absent from their homes, as then there is no domicile, and the marriage is regarded as constructively domestic.

DIVORCE.

The law and practice in relation to divorce differ in the different States, being exactly alike in no two of them.

Absolute divorce can be obtained in the State of New York for adultery alone.

rights of an unmarried woman, with regard to property, business, and contracts. The husband is relieved from his general duty of maintaining her, the courts generally exercising their power of decreeing such maintenance by the husband as the character and circumstances of the case render fit.

In some of the States it is the custom of the legistures to grant divorces by private acts, and this is sometimes done for the feeblest of reasons.

As a general rule, a divorce granted in a State in which both parties had their actual domicile, and also were married, is valid everywhere. Again, every State generally recognizes the validity of a divorce granted where both parties have their actual domicile, if granted in accordance with the law of that place.

In the United States the law on this subject is generally regulated by statutes, and these differ very much. In the absence of statutory provision, the rule of the courts generally is that a divorce, which was valid where granted, and which was obtained in good faith, is valid everywhere.

CONTRACTS TO MARRY.

Contracts to marry at a future time are valid and effectual in law as any; and, in actions upon them,

Limited divorce is granted on the following grounds: damages may be recovered, for pecuniary loss, or for

1. Idiocy or lunacy.

2. Consent of either party having been obtained by

force or fraud.

3. Want of age or of physical capacity.

suffering and injury to condition and prospects.

Where the promise is mutual, an action for breach of promise may be maintained against a woman.

This action connot be maintained against an infant.

4. The former husband or wife of the respective But the infant may bring an action, in this case, against parties being still living.

5. Inhuman treatment, abandonment, neglect or failure on the part of the husband to provide for the wife. 6. Such conduct on the part of the defendant as would render it dangerous for plaintiff to cohabit with defendant.

A divorce a vinculo annuls the marriage entirely, and restores the parties to all the rights of unmarried persons, and relieves them from all liabilities that grew out of the marriage, except so far as may be provided by the statutes or made a portion of the decree by the court. Thus the statutes of some States provide that the guilty party shall not marry again. The court generally has the power to decree the terms of the separation, regarding alimony, possession of children, and so forth.

Strict care is taken to prevent divorce being obtained by collusion. It will not be granted merely upon the consent or default of the party charged, but only on the proof of cause alleged.

The causes of divorce from bed and board are now very commonly made sufficient for divorce from the bond of marriage. As a general rule, a woman divorced from the bed and board of her husband acquires the

an adult.

A promise to give to a woman, or settle upon her, a specific sum or estate on her marriage, is valid.

RIGHTS OF MARRIED WOMEN.

Any and all property owned by a woman at the time of her marriage, together with the rents, issues, and profits thereof, and the property that comes to her by descent, devise, bequest, gift or grant, or which she acquires by her trade, business, labor, or services performed on her separate account, shall, notwithstanding her marriage, remain her sole and separate property, and may be used, collected, and invested by her in her own name, and shall not be subject to the interference or control of her husband, or be liable for his debts, un. less for such debts as may have been contracted for the support of herself or children by her as his agent.

A married woman may also bargain, sell, assign, transfer, and convey such property and enter into contracts concerning the same, on her separate trade, labor or business with the same effect as if she were not married. But her husband is not liable for such contracts, and they do not render him or his property in any wise

liable therefor. She may also sue and be sued in all matters having relation to her sole and separate property in the same manner as if she were sole.

will behind him, is distributed among his heirs by what is called "the operation of law." This is regulated by the statutes of the State in which the deceased resided at

A married woman's contract may be enforced against the time of his death. The distribution is made by an her and her separate estate :

First-When the contract is created in or respecting the carrying on of the wife's trade or business. Second-When it relates to or is made for the benefit of her soie or separate estate.

Third - When the intention to charge the separate estate is expressed in the contract creating the liability. When a husband receives a principal sum of money belonging to his wife, the law presumes that he receives it for her use, and that he must account for it, or expend it on her account by her authority or direction, or that she gave it to him as a gift.

Should he receive interest or income and spend it without her knowledge and without objection, a gift will be presumed from acquiescence.

Money received by a husband from his wife and expended by him, under his direction, on his land, in improving the home of the family, is a gift, and cannot be recovered by the wife, or reclaimed, or an account demanded.

An appropriation of her separate property by a wife, herself, to the use and benefit of her husband, in the absence of an agreement to repay, or any circumstances from which such an agreement can be inferred, will not create the relation of debtor and creditor, nor render the husband liable to account.

And though no words of gift be spoken, a gift by a wife to her husband may be shown by the nature of the transaction itself, or it may appear from the attending circumstances.

A wife who deserts her husband without cause is not entitled to the aid of a Court of Equity in getting possession of such chattels, as she has contributed to the furnishing and adornment of her husband's house. Her legal title remains, and she could convey her interest to a third party by sale, and said party would have a valid title, unless her husband should prove a gift.

A wife's property is not liable to a lien of a sub-contractor for materials furnished to the husband for the erection of a building thereon, where it is not shown that the wife was notified of the intention to furnish the materials, or a settlement made with the contractor and given to the wife, to her agent or trustee.

ADMINISTRATION.

Administration is the legal right to settle and control the estate of deceased persons, as also the exercise of that right. Letters of administration are the warrant under the scal of the court granting the legal right. The estate of a person who has died leaving no valid

administrator duly appointed by law, and who is appointed by the court having jurisdiction in such cases on being satisfied that the person is legally qualified. The appointment must be made with the consent of the person appointed. It is generally accepted as a rule that any one is legally competent to be an administrator who is legally competent to make a contract. Certain classes of persons are disqualified by statute, as, in the State of New York, drunkards, gamblers, spendthrifts, and so forth. The relatives of deceased are considered as entitled to the appointment of administering the estate. The order of precedence is regulated by statute. Administration is to be granted to the husband on the wife's personal estate, and administration on the husband's estate is to be granted to the widow and the next of kin in the following order, provided they will accept:

1. To the widow.

2. To the children.
3. To the father.
4. To the brothers.
5. To the sisters.

6. To the grandchildren.

7. To any other of the next of kin who would be ontitled to a share in the distribution of the estate.

The guardians of minors who are entitled may administer for them.

Should none of the relations or guardians accept, the administration will be given to the creditors of the deceased. The creditor applying first, provided he be legally competent, is to be preferred. In case no creditor applies, any person who is legally qualified may be appointed.

In the city of New York, the public administrator may administer the estate after the next of kin. In the State of New York, the Surrogate may select, among the next of kin, any one in equal degree, and appoint him sole administrator to the exclusion of the others. Where there are several persons of the same degree of kindred to the intestate, entitled to administration, they are preferred in the following order: 1. Males to females.

2. Relatives of the whole blood to those of the half blood.

3. Unmarried to married women, and in case there be several persons equally entitled, the Surrogate may grant letters to one or more of them as he may judge best.

Letters of administration unduly granted may be revoked.

« SebelumnyaLanjutkan »