Lost Horse

In the Jan. 5, 1836 in Rutland, Vermont's newspaper "The Rutland Herald" I stumbled across two notices of where folks had found horses. In the first the gentleman found one stray that came into his property. In the other the poster found three horses that came into his property. Each were asking the owners to identity their horses and pay for the damages that came from these horses entering their properties. I found this interesting because of the request that the owner pay for the damages. We've all heard of the value of a horse and even death by hanging for stealing a horse in some places. But the owner being responsible for damages their livestock has done...well that just gets the creative juices flowing, doesn't it?

Thanksgiving Proclamation

As I mentioned in an earlier post, Abraham Lincoln made a proclamation in 1863 declaring Thanksgiving to be a National holiday. After the Civil War some of the Southerners considered it a northern holiday, but in time all did.

Below is the proclamation made by Abraham Lincoln on Oct. 3, 1863. What is rather interesting is I found this copy of the proclamation went out as an invitations to American's living in London, England at the time. You can view the entire document at Google Books American Thanksgiving Dinner at St. James Hall, London, Thursday November 26, 1863.

Included in this document is the menu, the program, and the remarks of the event.

Below is simply the copy of the President Lincoln's Proclamation:

A PROCLAMATION BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
THE year that is drawing toward its close has been filled with the blessings of fruitful fields and healthful skies. To these bounties, which are so constantly enjoyed that we are prone to forget the source from which they come, others have been added, which are of so extraordinary a nature that they cannot fail to penetrate and soften the heart which is habitually insensible to the ever''watchful providence of Almighty God.
In the midst of a civil war of unequalled magnitude and severity, which has sometimes seemed to invite and provoke the aggressions of foreign States, peace has been preserved with all nations, order has been maintained, the laws have been respected and obeyed, and harmony has prevailed everywhere, except in the theatre of military conflict, while that theatre has been greatly contracted by the advancing armies and navies of the Union.
The needful diversions of wealth and strength from the fields of peaceful industry to the national defence have not arrested the plough, the shuttle, or the Bhip. The axe has enlarged the borders of our settlements, and the mines, as well of iron and coal, as of the precious metals, have yielded even more abundantly than heretofore. Population has steadily increased, notwithstanding the waste that has been made in the camp, the siege aud the battle-field, and the country rejoicing in the consciousness of augmented strength and vigour is permitted to expect continuance of years with large increase of freedom.

No human counsel hath devised, nor hath any mortal hand worked out these great things. They are the gracious gifts of the Most High God, who, while dealing with us in anger for our sins, hath nevertheless remembered mercy.
It has seemed to me fit and proper that they should be solemnly, reverently, and gratefully acknowledged as with one heart and voice by the whole American people ; I do, therefore, invite my fellow-citizens in every part of the United States, and also those who are at sea, and those who are sojourning in foreign lands, to set apart and observe the last Thursday of November next as a Day of Thanksgiving and Prayer to our beneficient Father who dwelleth in the heavens. And I recommend to them that, while offering up the ascriptions justly due to Him for such singular deliverances and blessings, they do also, with humble penitence for our national perverseness and disobedience, commend to His tender care all those who have become widows, orphans, mourners, or sufferers, in the lamentable civil strife in which we are unavoidably engaged, and fervently implore the interposition of the Almighty hand to heal the wounds of the nation, and to restore it, as soon as may be consistent with the Divine purposes, to the full enjoyment of peace, harmony, tranquillity and union.
In testimony whereof, I have hereunto set my hand, and caused the Seal of the United States to be affixed.
Done at the City of "Washington, this third day of October, in the year of our Lord one thousand eight hundred and sixtythree, and of the independence of the United States the eightyeighth.
ABRAHAM LINCOLN.
By the President, William H. Seward,
Secretary of State.

Mexican Tariff

Below comes from The Merchant's Magazine ©1850 publishing the entire notice from the Oct 4, 1845 General Congress session.


THE NEW MEXICAN TARIFF.
Official notice is hereby given, by the undersigned, of the following alterations made by the General Congress during its present session, in the Mexican tariff of 4th October, 1845:—
Article 1.—The ports open to foreign commerce, and to scaleage and coasting, are Vera Cruz, Tampico, Matamoras, Campeche, Sisal, and Tebasco, in the Gulf of Mexico; and Acapulcu, San Bias, Huratalco, Manzanillo, and Mazatlan, in the Pacific.

Article 2.—The ports open to the coasting trade are Guaymas, and Altata, in the Golf of California; Isla del Carmen, Goazacoalcos, Alvarado, Tecoluta, Santecomapan, Soto la Marina, Tuxpan, in the Gulf of Mexico; Bacalar, on the eastern coast of Yucatan; Tonala, on the Pacific; Santa Maria, in the Gulf of Tehuantepec; and La Par, in 'the Gulf of California.

Article 3.—Frontier custom-houses arc established en la Frontera del Norte, Matamoros, Camargo, Presidio del Norte, and en la Frontera lei Sur, Comitan, and Tuatla Chico.

Article 4.—In addition to the smaller vessels in the revenue service, as per the deewe of 13th July, 1840, the government may establish in the Gulf of Mexico a steamer and six revenue cutters, and on the Pacific coast, a steamer and seven revenue cutters, the expenses of repairs, wages, and provisioning of which, shall be included in those of administration. The government will issue orders in regard to the service of these vessels, and to their cruising, as also to the officers of the custom-houses to which they may be attached.

Article 5.—The government will form, and submit to Congress for approval, an estimate of cost of building custom-house, stores and offices, in those places where there •re none.

Aeticle 6.—The custom-houses for the coasting trade belong to the general government, and will be under the control of the nearest maritime custom-house.

Article 7.—The importation of side and fire arms is permitted on payment of an import duty of $4 per quintal, gross weight. The government will take such measures as to prevent their introduction being injurious to public order and tranquillity.

Article 8.—The 18th article of the tariff is abolished, and the goods therein specified shall pay an ad valorem duty of 40 per cent on the value of the invoice, except the following articles, which shall continue to pay the duties designated in said article, viz:—
Aceite de trementina o agua-ras. Albayalde seccoo en aceita. Agua de almendra amarga, de colonia, de espliego, o de la banda, de laurel cereso de la reyna, y cualesquiera otras aguas, compuestas. destiladas, o esprituosas. Almireces. Alinizcle en grauo. Almizcle en zunon. Alquitran y brea, pez de todas clasos, trementina. Alumbre. Amarillo cromo. Amarillo de Napoles. Arsenite de cobro o verde de Scheie y el verde de Schweinfart o verde de Almania. Asfalto o chiele prieto. Azul de cobalto. Azul de esmalto. Azul de Ultramar. Barnices de Alcohol y resina. Bennellon. Betun de Judea o asfalto. Blanco de Espana y de plomo. Bol de armenia. Caparrosa azul o sulfato de cobre, blanca o sulfato de Zinc, verde o sulfato de fierro. Carbon animal o negro animal Cardemillo o verde gris. Carmin. Cola de boca. Cola fuerte. Cola de pescado en buche. Colores de todas clases no especificados. Crisols en barro refractario. Crisoles de plombagina y de porcelana y bizcocho. Esmeril. Esponjas nas y corrientes. Estractos de Campeche para tintes. Fosforos. Gomalaca. Jaldre. Licores compuestos, como ratafias,

Article 9.—The import duties established by the tariff of October 4th, 1845, remain reduced to 60 per cent in conformity with the decree of 3d May, 1848.

Article 10.—The reduction made in the import duties does not affect the inferior or consumption duties, nor those of averia of 1 per cent, nor those of averia of 2 per cent, specified in the decrees of 31st March, 1838, and 28th February, 1843, these shall continue to be collected as heretofore.

Article 11.—The export duties on the precious metals shall be as follows:—
Oro acunado o labrado, 2 per cent
Plata acunada, 3| per cent.
Plata labrada quintada, 44; per cent.
Copello o pura, labrada en munecos con certification de haber pagado los derechos de quinto, 44; per cent

Article 12.—The circulation duty on money is reduced to 2 per cent, and will be collected on entry of money in the ports.

Article 13.—The government cannot issue orders on the maritime custom-houses for the payment of duties effected, or to be effected. Whenever the General Treasury, or the General Direction of Maritime Custom-houses, receive orders of this kind, to communicate to the respective custom-houses, or any other orders that they may consider illegal, or injurious to the Public Treasury, they will notify the government and Collectors of said custom-houses; in case of receiving them directly, shall also be under the same obligation. If, notwithstanding the observations they make, the government should insist, they shall comply, and he or they who shall have made the observations shall send to the Contaduria Mayor the order certified by the respective Contador, that they may be freed from responsibility ; the Contaduria Mayor taking note of it for the ' ends to which it may give rise, will pass it, with a note corresponding, to the Chamber of Deputies, or, in recess of Congress, to the Consejo de Gobierno; the Contadores Mayores, in case of omission, incurring the penalty of suspension of office for two years, besides other penalties vhich the laws impose on them.

Article 14.—The penalty of confiscation of vessels, imposed on captains by article 84, is substituted by a fine equal to double the value of the goods omitted—all the remainder of said article continues in full force. The penalties imposed by article 35 will be substituted by a fine of from 8200 to $1,600.

Article 15.—The government will cause to be published within thirty days, counted from 24th November, 1849, the date of this law, the regulations of the maritime frontier and coasting custom-houses, simplifying the system of accounts and of despatch, without altering the basis of this law, nor of the actual tariff. The government, during the said period, will also organize and regulate the coast guard service.

Article 16.—The regulations which the government will issue, in conformity with this law, cannot be altered nor modified without the express authority of the general Congress.

Article 17.—The frontier custom-houses established by this law will be characterized as provisional; meantime, those to be so hereafter, are not designated, the employees of them observing the 4th part of article 1 of the decree of 13th May, 1840.
Abticlb 18.—The tariff of 4th October, 1845, remains in force, with the additions and explanation that has been made to it in all that may not be altered by this present aw. Jose Ramon Pacheco, vice-presidente de la Camara de diputados. Crispiniano del Castillo, vice-presidente del senado. Felix Veistegui, diputado secretario. Juan Rodriguez de San Miguel, senador secretario. Por tanto mando se imprima, publique, arcule, y se le de el debido cumplimiento. Palacio del gobierno federal en Mexico, a 24 de Noviembre, de 1849. Jose Joaquin de Herrera. Francisco Florriaga.

WM. GEO. STEWART.
New York, January 4th, 1850. Vice-Consul of Mexico.

Women's Property Rights

Women's Property

In 1848 the state of New York passed the Married Women's Property Act

Each state had their own set of rights of women. The widow had more rights than the married woman. I recall reading somewhere that as soon as a widow married her new husband had legal rights to earn money off the property but could not sell the property without the wife's signature. This allowed the widow to give the property to her children from the first marriage.

New York's 1848 law helped shape the rights of women in the years to come. But it still was a struggle through the 19th century.

Currency & Finance

Back in 1846 a law was formed regarding the treasury department. I thought with all the political discussions going on and with the current economy on the mind of most Americans, I thought this might spark a little interest. This information is taken from Extracts of the United States relating to currency and finance. ©1879

LEGISLATION
CURRENCY AND FINANCE.
I....August, 1846. — An Act to provide for the better Organization of the Treasury, and for the Collection, Safe-keeping, Transfer, and Disbursement of the public Revenue.
Whereas, by the fourth section of the act entitled " An Act to establish the Treasury Department," approved September two, seventeen hundred and eighty-nine, it was provided that it should be the duty of the Treasurer to receive and keep the moneys of the United States, and to disburse the same upon warrants drawn by the Secretary of the Treasury, countersigned by the Comptroller, and recorded by the Register, and not otherwise ; and whereas it is found necessary to make further provisions to enable the Treasurer the better to carry into effect the intent of the said section in relation to the receiving and disbursing the moneys of the United States : Therefore,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the rooms prepared and provided in the new treasury building at the seat of government for the use of the Treasurer of the United States, his assistants and clerks, and occupied by them, and also the fire-proof vaults and safes erected in said rooms for the keeping of the public moneys in the possession and under the immediate control of said Treasurer, and such other apartments as are provided for in this act as places of deposit of the public money, are hereby constituted and declared to be the Treasury of the United States. And all moneys paid into the same shall be subject to the draft of the Treasurer, drawn agreeably to appropriations made by law.

[By sections 2, 3, and 4, and by subsequent acts, the Mint at Philadelphia, and the Branch Mints, the Assay Office at New York, the offices of the Assistant Treasurers at New York, Boston, Philadelphia, Baltimore, Charleston, New Orleans, Cincinnati, Chicago, St. Louis, and San Francisco, and the Depositaries at Buffalo, Pittsburgh, Louisville, Galveston, Santa Fd, and Tucson, are made " places of deposit."]

Sec. 6. And be it further enacted, That the Treasurer of the United States, the Treasurer of the Mint of the United States, the treasurers, and those acting as such, of the various branch mints, all collectors of the customs, all surveyors of the customs acting also as collectors, all assistant treasurers, all receivers of public moneys at the several land offices, all postmasters, and all public officers of whatsoever character, be, and they are hereby, required to keep safely, without loaning, using, depositing in banks, or exchanging for other funds than as allowed by this act, all the public money collected by them, or otherwise at any time placed in their possession and custody, till the same is ordered, by the proper department or officer of the government, to be transferred or paid out; and when such orders for transfer or payment are received, faithfully and promptly to make the same as directed. . ..

[Section 9 requires that all collectors and receivers of public moneys shall pay over the same, as often as may be directed by the Secretary of the Treasury or the Postmaster-General, to the Treasurer, assistant treasurer or depositary in their respective cities; and it is made the duty of the Secretary of the Treasury and of the Postmaster-General to direct such payments to be made as often as once in every week.]

Sec. 18. And be it further enacted, That on the first day of January, in the year one thousand eight hundred and forty-seven, and thereafter, all duties, taxes, sales of public lands, debts, and sums of money accruing or becoming due to the United States, and also all sums due, for postages or otherwise, to the general post-office department, shall be paid in gold and silver coin only, or in treasury notes issued under the authority of the United States: Provided, That the Secretary of the Treasury shall publish, monthly, in two newspapers at the city of Washington, the amount of specie at the several places of deposit, the amount of treasury notes or drafts issued, and the amount outstanding on the last day of each month.

Sec. 19. And be it further enacted, That on the first day of April, one thousand eight hundred and forty-seven, and thereafter, every officer or agent engaged in making disbursements on account of the United States, or of the general post-office, shall make all payments in gold and silver coin, or in treasury notes, if the creditor agree to receive said notes in payment. . . .
[By the Act of March 3, 1857, every officer or agent having money of the United States intrusted to him for disbursement, is required to deposit the same with the Treasurer, or with some Assistant Treasurer or depositary, and to draw for it only in favor of the persons to whom payment is to be made; but money required for payment in sums under twenty dollars can be drawn for by such officer or agent in his own name. 11 Statutes at Large, 249.]

[Approved, August 6, 1846. 9 Statutes at Large, 59.]

Blue Laws

Quite a while back I encouraged people to take a look at Blue laws and how they might affect your historical articles or novels. In google books I found a history of blue laws from 1861 titled "The Blue Laws of Connecticut"

It appears that the blue laws of Connecticut seemed to be the standard. Rev. John Cotton of New Haven, Ct. in 1655 and Gov. Eaton at the time found the need to write these laws. They were printed in England and distributed in New Haven in 1656.

Wikipedia has an interesting article about the blue laws and lists several. Wikipedia link.

With regard to the 19th century Blue laws were still in effect. However, they mostly pertained to the buying and selling on the Sabbath/Sunday.

The Law of Finding...Finder's Keepers

rom Houghtalings Handbook ©1887

The law of finding is this: The finder has a clear title against the whole world except the owner. The proprietor of a hotel or a shop has no right to demand the property or premises. Such proprietor may make regulations in regard to lost property which will bind their employes, but they cannot bind the public. The law of finding was declared by the King's bench over 100 years ago, in a case in which the facts were these.

A person found a wallet containing a sum of money on a shop floor. He handed the wallet and contents to the shopkeeper to be returned to the owner. After three years during which the owner did not call for his property, the finder demanded the wallet and the money from the shopkeeper. The latter refused to deliver them up on the ground that they were found on the premises. The former then sued the shopkeeper, and it was held as above set forth, that against all the world but the owner, the title of the finder is perfect. And the finder has been held to stand in the place of the owner, so that he was permitted to prevail in an action against a person who found an article which the plaintiff had originally found, but subsequently lost. The police have no special rights in regard to articles lost, unless those rights are conferred by statue. Receivers of articles found are trustees for the owner or finder. They have no power in the absence of special statue to keep an article against the finder, any more than the finder has to retain an article against the owner.

end of quote

Another source:
A Dictionary of American and English Law ©1883
Lost Article, (finder is nut guilty of larceny). 14 Johns. (N. Y.) 294.

end quote

This "Findings" from Houghtalings made me think of the Possession is 9/10's of the law. Below are a couple of excerpts from other sources regarding that law.

Ten thousand a year by Samuel Warrren ©1854

WHAT IS MEANT BY POSSESSION BEING NINE- TENTHS OF THE LAW.

The popular maxim, that " possession is nine-tenths of the law," is founded on the salutary and reasonable doctrine of the law, that the party in possession of property is presumed to be the owner until the contrary shall have been proved. Consider how intolerable, and, in fact, destructive of civil society, would be an opposite rule—if every one in the enjoyment of property were liable to be called upon to explain to any one challenging his right, how that right had been acquired ! By the operation of the rule laid down in the text, a defendant in ejectment may (except in the case of landlord and tenant) always defeat the action, simply by showing the real title to be in some third party—without showing that the defendant holds possession with the consent, or under the authority of the real owner. The defendant's evidence is thus altogether conñned to falsifying his adversary's proofs, or rebutting the presumptions which arise out of them.


Another source:
A Dictionary of American and English Law ©1883
Possession is nine-tenths of the law: This adage is not to be taken to bo true to the full extent, so as to mean that the person in possession can only he ousted by one whose title is nine times better than his, but it places in a strong light the lepil truth that every claimant must succeed by the strength of his own title and not by the weakness of his antagonist's. For instance, if the claimant be able to show a descent from the grantor of (he estate, perfect except in one link of the chain, and the man in possession be a perfect stranger, the latter shall keep the estate; and so, also, if the claimant be a natural son of the last owner and adopted by him, and declared by him to bo designed as his heir, yet if he die without making a will in his favor, a stranger in possession has a better title.— Wharton.

Men of Straw

Taken from "Things Not Generally Known by John Timbs, David Ames Wells ©1857

Many years ago, men could be easily found to give any evidence, upon oath, that might be required: and some of these persons walked openly in Westminster Hall with a straw in one of their shoes, to signify they wanted employment as witnesses; hence originated the saying "he is a Man of Straw." But the custom has high antiquity. A writer in the Quarterly Review (vol. xzziii. p. 344), on Greek Courts, says: "We have all heard of a race of men who used in former days to ply about our own courts of law, and who, from their manner of-making known their occupation, were recognized by the name of straw sheet. An advocate or lawyer who wanted a convenient witness, knew by these signs where to find one, and the colloquy between the parties was brief. 'Don't you remember? ' said the advocate—(the party looked at the fee and gave no sign; but the fee increased, and the powers of memory increased with it)—' To be sure I do.' ' Then come into court and swear it 1' And straw shoes went into court and swore it. Athens abounded in straw shoes."

Though a straw in the shoe has ceased to be the distinguishing mark, the records of many of our courts show that " men of straw " still exist, and are easily found by those unprincipled enough to require their services. They are now, however, principally employed 09 bail; and " straw bail," has become a familiar word in all our courts. Their false oath of the possession of property is often a ready means of snatching felons from the custody of the law.

Postage Regulations Part two 1889

Fourth Class - Merchandies, Samples, Etc. - Mailable matter of the fourth class includes all matter not embraced in the first, second and third classes, which is not in its form or nature liable to destroy, deface or otherwise damage the contents of the mail-bag, or harm the person or any one engaged in the postal service.
All matter of the fourth class is subject to a postage charge at the rate of one cent an ounce or fraction thereof, to be paid by stamps affixed.

Postal Cards - Postal cards are sold at a fixed rate of one and two cents (for foreign) each, in any quantity. Unclaimed postal cards are never returned to the writer. Anything pasted on or attached to a postal card subjects it to a letter postage.

Money Orders - Orders not over $10, 8 cents;
$10 to $15, 10 cents;
$15 to $30, 15 cents;
$30 to $40, 20 cents;
$40 to $50, 25 cents;
$50 to $60, 30 cents;
$60 to $70, 35 cents;
$70 to $80, 40 cents;
$80 to $100, 45 cents.
Postmasters cannot issue more than three orders to the same person in one day, in favor of the same payee, at the same office.

N.B.- Postal orders or notes under five dollars are issued without corresponding advices, and, when duly receipted, are payable at any money order office in the United States, selected by the bearer. The fee is three cents for each order. Postal notes are payable to bearer when presented at office of issue. The government is not liable after a note has once been paid. Postal notes are invalid at expiration of three calendar months from the last day of the month issue.

Foreign Postage- Canada - letters 2 cts.; and 5 cents on all letters to all countries belonging to the "Universal Postal Union" which embraces all parts of Europe, Mexico, Equador, Cuba, Brazil, Japan, Hong Kong, Chili, Peru, Egypt, Hayti, etc. Latter rate is on each 1/2 ounce; printed matter 2 cts. for 2 ozs.

Source Houghtalings Handbook 1889

Postal Regulations Part One 1889

United States Postal Regulations

First Class Mail Matter-Letters.-This class includes letters, and anything of which the postmaster cannot ascertain the contents without destroying the wrapper, or anything unsealed which may be wholly or partly in writing--except manuscript for publication accompanied by proof sheets. Postage, two cents each one ounce or for each fraction above one ounce. On local or drop letters, at free delivery offices, two cents. At offices where no free delivery by carriers, one cent.

Second Class - Regular Publications.- This class includes all newspapers, periodicals, or matter exclusively in print and regularly issued at stated periods from a known office of publication or news agency. Postage, one cent a pound or fraction thereof.

Third Class - Miscellaneous Printed Matter. - Transient newspapers and periodicals, one cent for each four ounces or fraction thereof. Mailable matter of third class includes printed books, circulars and other matter wholly in print (not of the second class), proof sheets and manuscript accompanying the same, and postage shall be paid at the rate of one cent for each two ounces or fraction thereof, and shall fully be prepaid by postage stamps affixed to said matter.
All packages of matter of the third class must be so wrapped or enveloped that their contents may be readily and thoroughly examined by postmasters without destroying the wrappers.

From Houghtaling's Handbook