Benson John Lossing.

Harper's encyclopdia of United States history from 458 A.D. to 1905 (Volume 3) online

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ground, positively declining to recognize There is a demand just now for an

such an institution as divorce. amendment to the United States Consti-

As early as the year 1000, it was en- tution that shall make the laws of mar-

acted by the Church authorities of Eng- riage and divorce the same in all ihe

land that a Christian should never marry States of the Union. As the suggestion

a divorced woman. Down to 1857, it was oomos uniformly from those who con-
III. I 1 2H



DIVORCE LAWS, UNIFORM

aider the present divorce laws too liberal, wholly to the civil rather than to the

we may infer that the proposed national canon law, to the jurisdiction of the sev-

law is to place the whole question on the eral States rather than to the nation,
narrowest basis, rendering null and void As many of our leading ecclesiastics and

the laws that have been passed in a statesmen are discussing this question, it

broader spirit, according to the needs and is surprising that women, who are equally

experiences of certain sections of the sover- happy or miserable in these relations,

eign people. And here let us bear in mind manifest o little interest in the pending

that the widest possible law would not proposition, and especially as it is not

make divorce obligatory on any one, while to their interest to have an amend-

a restricted law, on the contrary, would ment to the national Constitution estab-

compel many, who married, perhaps, un- lishing a uniform law. In making any

der more liberal laws, to remain in uncon- contract, the parties are supposed to have

genial relations. an equal knowledge of the situation, and

We are still in the experimental stage an equal voice in the agreement. This
on this question; we are not qualified to has never been the case with the contract
make a law that would work satisfactorily of marriage. Women are, and always
over so vast an area as our boundaries now have been, totally ignorant of the pro-
embrace. I see no evidence in what has visions of the canon and civil laws, which
been published on this question, of late, men have made and administered, and
by statesmen, ecclesiasts, lawyers, and then, to impress woman s religious nat-
judges, that any of them have thought ure with the sacredness of this one-sided
sufficiently on the subject to prepare a contract, they claim that all these heter-
well-digested code, or a comprehensive ogeneous relations called marriage are
amendment of the national Constitution, made by God, appealing to that passage
Some view marriage as a civil contract, of Scripture, " What God hath joined
though not governed by the laws of other together, let no man put asunder."
contracts; some view it as a religious or- Now, let us substitute the natural laws
dinance a sacrament; some think it a for God. When two beings contract, the
relation to be regulated by the State, State has the right to ask the question,
others by the Church, and still others Are the parties of proper age, and have
think it should be left wholly to the indi- they sufficient judgment to make so im-
vidual. With this divergence of opinion portant a contract? And the State should
among our leading minds, it is quite evi- have the power to dissolve the contract
dent that we are not prepared for a na- if any incongruities arise, or any deception
tional law. has been practised, just as it has the

Local self-government more readily per- power to cancel the purchase of a horse,

mits of experiments on mooted questions, if he is found to be blind in one eye, balks

which are the outcome of the needs and when he should go, or has a beautiful

convictions of the community. The false tail, skilfully adjusted, which was

smaller the area over which legislation the chief attraction to the purchaser,
extends, the more pliable are the laws. We must remember that the reading

By leaving the States free to experiment of the marriage service does not signify

in their local affairs we can judge of the that God hath joined the couple together,

working of different laws under varying That is not so. Only those marriages that

circumstances, and thus learn their com- are harmonious, where the parties are

parative merits. The progress education really companions for each other, are in

has made in America is due to the fact the highest sense made by God. But

that we have left our system of public in- what shall we say of that large class of

struction in the hands of local author- men and women who marry for wealth,

ities. How different would be the solu- position, mere sensual gratification, with-

tion of the great educational question of out any real attraction or religious sense

manual labor in the schools, if the matter of loyalty towards each other. You might

had to be settled at Washington! as well talk of the same code of regula-

From these considerations, our wisest tions for honest, law-abiding citizens, and

course seems to be to leave these questions for criminals in our State prisons, as for

130



DIX

these two classes. The former are a law latures to aid the unfortunate, and was in
to themselves; they need no iron chains strumental in bringing about the founda-
to hold them together. The other class, tion of several State asylums for the in-
having no respect for law whatever, will sane. At the breaking out of the Civil War
defy all constitutional provisions. The she was appointed superintendent of hos-
time has come when the logic of facts pital nurses, and after the close of the
is more conclusive than the deductions war she resumed her efforts in behalf of
of theology. the insane. She died in Trenton, N. J.,

It is a principle of the common law of July 19, 1887.

England that marriage is a civil contract, Dix, JOHN ADAMS, military officer ;
and the same law has been acknowl- born in Boscawen, N. H., July 24, 179s .
edged by statutes in several of our After he left the academy at Exeter N. H.,
American States; and in the absence of he completed his studies in a French
expressed statute to the contrary, the college at Montreal. He entered the army
common law of England is deemed the as a cadet in 1812, when the war with
common law of our country.

Questions involved in marriage and
divorce should be, in the churches, mat
ters of doctrinal teaching and discipline
only; and, after having discussed for
centuries the question as to what the
Bible teaches concerning divorce, without
arriving at any settled conclusion, they
should agree somewhat among themselves
before they attempt to dictate State legis
lation on the subject. It simplifies this
question to eliminate the pretensions of
the Church and the Bible as to its reg
ulation. As the Bible sanctions divorce
and polygamy, in the practice of the
chosen people, and is full of contradic
tions, and the canon law has been pliable
in the hands of ecclesiastics, enforced or
set aside at the behests of kings and

nobles, it would simplify the discussion England began. While his father, Lieu-
to confine it wholly to the civil law, re- tenant-Colonel Dix, was at Fort McHenry,
garding divorce as a State question. Baltimore, young Dix pursued his studies

Dix, DOROTHEA LYNDE, philanthropist; at St. Mary s College. In the spring of
born in Worcester, Mass., about 1794. 1813 he was appointed an ensign in the
After her father s death she supported her- army, and was soon promoted to third
self by teaching a school for young girls lieutenant, and made adjutant of an in-
in Boston. Becoming interested in the dependent battalion of nine companies,
welfare of the convicts in the State prison He was commissioned a captain in 1825,
at Charlestown, her philanthropic spirit and having continued in the army sixteen
expanded and embraced all of the unfort- years, in 1828 he left the military service,
unate and suffering classes. Having in- His father had been mortally hurt at
herited from a relative property sufficient Chrysler s Field, and the care of extri-
to render her independent, she went to eating the paternal estate from difficulties,
Europe for her health. Returning to Bos- for the benefit of his mother and her nine
ton in 1837, she devoted her life to the children, had devolved upon him. He had
investigation and alleviation of the con- studied law while in the army. After
dition of paupers, lunatics, and prisoners, visiting Europe for his health, Captain
encouraged by her friend and pastor, Dr. Dix settled as a lawyer in Cooperstown,
Channing. In this work she visited every N. Y. He became warmly engaged in
State in the Union east of the Rocky politics, and in 1830 Governor Throop ap-
Mountains. endeavoring to persuade legis- pointed him adjutant-general of the State.

131




JOHN ADAMS DIX.



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132



DIX, JOHN A.



In 1833 he was elected secretary of state
of New York, which office made him a
member of the Board of Regents of the
University arid conferred upon him other
important positions. Chiefly through his
exertions public libraries were introduced
into the school districts of the State and
the school laws systematized. In 1842
he was a member of the New York As
sembly, and from 1845 to 1849 of the
United States Senate. In the discussion of
the question of the annexation of Texas and
of slavery he expressed the views of the
small Free Soil party whose candidate for
governor he was in 1848. In 1859 he was
appointed postmaster of New York City;
and when in January, 1861, Buchanan s
cabinet was dissolved, he was called to the
post of Secretary of the Treasury. In that
capacity he issued a famous order under
the following circumstances: He found
the department in a wretched condition,
and proceeded with energy in the adminis
tration of it. Hearing of the tendency
in the slave-labor States to seize United
States property within their borders, hfc
sent a special agent of his department
(Hemphill Jones) to secure for service
revenue cutters at Mobile and New Or
leans. He found the Lewis Cass in the
hands of the Confederates at Mobile. The
Robert McClelland, at New Orleans, was
in command of Capt. J. G. Breshwood, of
the navy. Jones gave the captain an
order from Dix to sail to the North.
Breshwood absolutely refused to obey the
order. This fact Jones made known, by
telegraph, to Dix, and added that the col
lector at New Orleans (Hatch) sustained
the rebellious captain. Dix instantly tele
graphed back his famous order, of which




THE DIX MEDAL.



a fac-simile is given on the opposite page.
The Confederates in New Orleans had pos
session of the telegraph, and did not allow
this despatch to pass, and the McClelland



was handed over to the authorities of
Louisiana. As Secretary Dix s order was
flashed over the land it thrilled every heart
with hope that the temporizing policy of
the administration had ended. The loyal
people rejoiced, and a small medal was
struck by private hands commemorative
of the event, on one side of which was
the Union flag, and around it the words,
" THE FLAG OF OUR UNION, 1863 "; on the
other, in two circles, the last clause of
Dix s famous order. After the war the
authorship of the famous order was
claimed for different persons, and it was
asserted that General Dix was only the
medium for its official communication.
In reply to an inquiry addressed to Gen
eral Dix at the close of August, 1873,
he responded as follows from his country
residence:

SEAFIELD, WEST HAVEN, N. Y , Sept. 21, 1873.
" Your favor is received. The order al
luded to was written by myself, without any
suggestion from any one, and it was sent off
three days before it was communicated to the
President or cabinet. Mr. Stanton s letter to
Mr. Bonner, of the Ledger, stating that it
was wholly mine, was published in the New
York Times last October or late in Septem
ber, to silence forever the misrepresentations
in regard to it. After writing it (about seven
o clock in the evening), I gave it to Mr.
Hardy, a clerk in the Treasury Department,
to copy. The copy was signed by me, and
sent to the telegraph office the same evening,
and the original was kept, like all other
original despatches. It is now, as you state,
in possession of my son, Rev. Dr. Dix, No.
27 West Twenty-fifth street, New York. It
was photographed in 1863 or 1864, and you,
no doubt, have the facsimile thus made.
" Very truly yours, JOHN A. Dix."

General Dix was appointed major-gen
eral of volunteers May 16, 1861 ; com
mander at Baltimore, and then at Fort
Monroe and on the Virginia peninsula;
and in September, 1862, he was placed in
command of the 7th Army Corps. He was
also chosen president of the Pacific Rail
way Company. In 1866 he was appointed
minister to France, which post he filled
until 1869. He was elected governor of
the State of New York in 1872, and re
tired to private life at the end of the
term of two years, at which time he per
formed rare service for the good name of
the State of New York. General Dix was
a fine classical scholar, and translated
several passages from Catullus, Virgil, and



133



DIXIE DODGE

otters into polished English verse. He Docks, artificial basins for the re
made a most conscientious and beautiful ception of vessels for safety, for repairing,
translation of the Dies Irce. He died in and for commercial traffic. Those for the
New York City, April 21, 1879. safety of vessels are known as wet-docks;
Dixie, a supposed imaginary land of those for repairing only, as dry -docks;
luxurious enjoyment somewhere in the and those for commercial traffic, as basins
Southern States, and during the Civil War or docks. Wet and dry docks are float-
it became a collective designation for the ing or stationary, according to construc-
slave-labor States. " Dixie " songs and tion. Basins or docks are constructed over
"Dixie" music prevailed all over those large areas, comprising docks for loading
States and in the Confederate army. It and unloading vessels, and convenient
had no such significance. It is a simple waterways for the movement of vessels.
refrain that originated among negro emi- The most notable dry-docks in the United
grants to the South from Manhattan, or States are at Boston, Mass.; Portland,
New York, island about 1800. A man Me.; Norfolk, Va.; Savannah, Ga. ; Mare
named Dixy owned a large tract of land Island, Cal.; Detroit, Mich.; and Puget
on that island and many slaves. They Sound, Wash. The costliest of these are
became unprofitable, and the growth of at the navy-yards. In 1901 one of the
the abolition sentiment made Dixy s largest dry-docks in the world was under
slaves uncertain property. He sent quite construction at Newport News. At New
a large number of them to Southern York City, as well as all the large ports,
planters and sold them. The heavier there are numerous floating dry-docks for
burdens imposed upon them there, and the repair of the merchant marine. The
the memories of their birthplace and its most notable basins or docks for com-
comforts on Manhattan, made them sigh mercial traffic are in Brooklyn, N. Y.,
for Dixy s. It became with them synon- where over 4,000 vessels are annually un-
ymous with an earthly paradise, and the loaded. The chief of these is the Atlantic
exiles sang a simple refrain in a pathetic Docks, covering an area of 40 acres,
manner about the joys of Dixy s. Ad- and capable of accommodating 500 ves-
ditions to it elevated it into the dignity sels at one time. South of this artificial
of a song, and it was chanted by the construction are the Erie and Brooklyn
negroes all over the South, which, in the basins, similar in design and purpose, and
Civil War, was called the " Land of still further south are two other docks
Dixie." of the repair character.

Dixon, WILLIAM HEPWORTH, author; Dodge, GRENVILLE MELLEN, military
born in Yorkshire, England, June 30, officer; born in Danvers, Mass., April 12,
1821; was mostly self-educated. He visit- 1831; educated at Partridge s Mili-
ed the United States in 1866 and 1874. tary Academy, Norwich, Conn., and be-
His treatment of the United States in his came a railroad surveyor and engineer
published works has been considered un- in Illinois, Iowa, and the Rocky Moun-
fair and incorrect in this country. His tains. He was sent to Washington in
books relating to the United States in- 1861 to procure arms and equipments for
elude White Conquest (containing in- Iowa volunteers, and became colonel of
formation of the Indians, negroes, and the 4th Iowa Regiment in July. He corn-
Chinese in America) ; Life of William manded a brigade on the extreme right at
Penn; and New America. He died in Lon- the battle of Pea Ridge, and was wounded,
don, Dec. 27, 1879. For his services there he was made

Dobbin, JAMES COCIIBANE, statesman; brigadier - general. Pie was appointed to

born in Fayetteville, N. C., in 1814; grad- the command of the District of the

uated at the University of North Caro- Mississippi in June, 1862. He was with

lina in 1832; elected to Congress in 1845; Sherman in his Georgia campaign, and

and in 1848 to the State legislature, of was promoted to major-general. He final-

which he became speaker in 1850. In ly commanded the 16th Corps in that

1853 President Pierce appointed him campaign, and in December, 1864, he

Secretary of the Navy. He died in succeeded Rosecrans in command of the

Fayetteville, Aug. 4, 1857. Department of Missouri, In 1867-69 he

134



DODGEDONALDSON




SANFORD IULLATCD DOLE.



was a member of Congress from Iowa,
and subsequently was engaged in railroad
business.

Dodge, HENRY, military officer; born
in Vincennes, Ind., Oct. 12, 1782; com
manded a company of volunteers in the
War of 1812-15, and rose to the rank of
lieutenant-colonel of mounted infantry
in 1814. He fought the Indians irom
1832 to 1834, when he made peace on the
frontiers, and in 1835 commanded an ex
pedition to the Rocky Mountains. He
was governor of Wisconsin and superin
tendent of Indian affairs from 1836 to
1841; a delegate in Congress from 1841
to 1845; and United States Senator from
1S49 to 1857. He died in Burlington,
la., June 19, 1867.

Dodge, RICHARD IRVING, military offi
cer; born in Huntsville, N. C., May 19, the annexation of Hawaii to the United
1827; graduated at the United States States, was governor of the Territory of
Military Academy in 1848; served Hawaii in 1900-03; then became United
through the Civil War; was commissioned States district judge for Hawaii,
colonel of the llth Infantry June 26, Dollar. Stamped Spanish dollars
1882; retired May 19, 1891. His pub- (value 4s. Qd.) were issued from the
lications include The Black Hills; The British mint in March, 1797, but called
Plain of the Great West; Our Wild Ind- in in October following. The dollar is the
ians, etc. He died in Sackett s Harbor, unit of the United States money. It is
June 18, 1895. coined in silver, formerly also in gold, and

Dodge, THEODORE AYRAULT, military i s worth 4s. iy 4 d. English money. See
officer; born in Springfield, Mass., May COINAGE.

28, 1842; graduated at London Uni- Dominion of Canada. See CANADA.
versity in 1861; enlisted in the National Donaldson, EDWARD, naval officer; born
army in 1861; promoted first lieutenant in Baltimore, Md., Nov. 17, 1816; joined
Feb. 13, 1862; brevetted colonel in 1866; the navy in 1835; during the Civil War
retired in 1870. He is the author of he took part in the capture of New
Bird s-Eye View of the Civil War; Cam- Orleans, the passage of Vicksburg, the
paign of Chancellorsville ; Great Cap- battle of Mobile Bay, etc. ; was promoted
tains, etc. rear-admiral Sept. 21, 1876, and retired

Dole, SANFORD BALLARD, statesman; a few days later. He died in Baltimore,
born in Honolulu, Hawaii, April 23, Md., May 15, 1889.

1844; son of American missionaries; edu- Donaldson, JAMES LOWRY, military of-
cated at Oahu College, Hawaii, and ficer; born in Baltimore, Md., March 7,
Williams College, Williamstown, Mass.; 1814; graduated at the United States
was admitted to the bar in Boston, and Military Academy in 1836; served in the
returned to Honolulu to practise. He war with Mexico and through the Civil
was a member of the Hawaii legislature War; was promoted colonel and brevetted
in 1884 and 1886; became active in the major-general of volunteers; resigned in
reform movement of 1887; was judge of January, 1874. He was a personal friend
the Supreme Court of Hawaii in 1887-93; of Gen. G. H. Thomas, to whom he made
was chosen chief of the provisional gov- known a plan to establish cemeteries for
ernment in 1893, and in the following the scattered remains of soldiers who had
year was elected president under the con- been killed in battle. It was this sugges-
stitution of the newly formed republic tion which led to the institution of Deco-
for the period of seven years. He was ration, or Memorial, Day. He died in Bal-
an active promoter of the movement for timore, Md., Nov. 4, 1885.

135



DONELSON DONELSON, PORT



Donelson, ANDREW JACKSON, states
man; born in Nashville, Tenn., Aug. 25,
1800; graduated at West Point in 1820;
resigned from the army in 1822; appoint
ed minister to the republic of Texas in
1844; minister to Prussia in 1846; and
to the Federal Government of Germany
in 1S48. He abandoned the Democratic
party, joined the American party, and was
its candidate for Vice-President on the
ticket with Millard Fillmore in 1856. He
died in Memphis, Tenn., June 26, 1871.

Donelson, FORT, a notable fortification
on the Cumberland River in Tennessee,
63 miles northwest of Nashville. After
the capture of FORT HENRY ( q. v. ) , there
was no hinderance to the river navy going
up the Tennessee to the fertile cotton
regions of the heart of the Confederacy.
Foote sent Lieut.-Com. S. L. Phelps, with
three vessels, to reconnoitre the borders






ated on the high left bank of the Cum
berland River, at Dover, the capital of
Stewart county, Term. It was formed
chiefly of outlying intrenchments, cover
ing about 100 acres, upon hills furrowed
by ravines. At Fort Henry, General
Grant reorganized his army in three di
visions, under Generals McClernand,
Smith, and Lew. Wallace. Commodore
Foote returned to Cairo to take his mor
tar-boats up the Cumberland River to
assist in the attack. On the morning of
Feb. 12, 1862, the divisions of McCler
nand and Smith marched for Fort Donel
son, leaving Wallace with a brigade to
hold the vanquished forts on the Ten
nessee. On the same evening Fort
Donelson was invested.

Grant resolved to wait for the arrival
of the flotilla bearing troops that would
complete Wallace s division before making




FOIIT DONKLSON.



of that river. They penetrated to Flor-
ence, Ala., seizing Confederate vessels and
destroying Confederate property, and dis-
covered the weakness of the Confederacy
in all that region, for Unionism was
everywhere prevalent, but suppressed by
the mailed hand of the Confederate lead-
ers. Phelps s report caused an immediate
expedition against Fort Donelson, iitu-



the attack. General Pillow was in com-
mand of the fort; but, on the morning
of the 13th, General Floyd arrived from
Virginia with some troops and superseded
him. They were assisted by GEN. SIMON
B. BUCKNER (q. v.) , a better soldier than
either. All day (Feb. 13) there was skir-
mishing, and at night the weather became
extremely cold, while a violent rain-storm



DONELSON, FORT

was falling. The National troops, biv- Oglesby s brigade received the first shock,
ouacking without tents, suffered intense- but stood firm until their ammunition
ly. They dared not light camp-fires, for began to fail, when they gave way under
they would expose them to the guns of the tremendous pressure, excepting the ex-
their foes. They were without sufficient treme left, held by COL. JOHN A, LOGAN
food and clothing. Perceiving the perils (q. v.) , with his Illinois regiment. Imi-
of his situation, Grant had sent for Wai- tating their commander, they stood as
lace to bring over his troops. He arrived firmly as a wall, and prevented a pank
about noon on the 14th. The transports and a rout. The light batteries of Tay-
had arrived, and Wallace s division was lor, McAllister, and Dresser, shifting posi-
completed and posted between those of tions and sending volleys of grape and
McClernand and Smith, by which the canister, made the Confederate line recoil
thorough investment of the fort was com- again and again. At eight o clock Mc-
pleted. At three o clock that afternoon demand s division was so hard pressed
the bombardment of the fort, was begun that he sent to Wallace for help. Wallace,
by the Carondelet, Captain Walke, and being assigned to a special duty, could



Online LibraryBenson John LossingHarper's encyclopdia of United States history from 458 A.D. to 1905 (Volume 3) → online text (page 21 of 76)