Treaty between Spain and Portugal concluded at Tordesillas (1494) translated by Frances Gardiner Davenport

Tordesillas, Treaty of

(7 June 1494)

An alliance between Spain and Portugal. It settled disputes about the ownership of lands discovered by Columbus and others. Pope Alexander VI had (1493) approved a line of demarcation stretching between the poles 100 leagues (about 500 km) west of the Cape Verde islands. All to the west was Spanish, to the east Portuguese – an award disregarded by other nations. Portuguese dissatisfaction led to a meeting at Tordesillas in north‐west Spain where it was agreed to move the papal line to 370 leagues (about 1850 km) west of Cape Verde. The pope sanctioned this in 1506. It was modified by the Treaty of Zaragossa (1529), which gave the Moluccas (Spice Islands) to the Portuguese.

Don Ferdinand and Dona Isabella, by the grace of God king and queen of Castile, Leon, Aragon, Sicily, Granada, Toledo, Valencia, Galiciaj Majorca Seville, Sardinia, Cordova, Corsica, Murcia, Jaen, Algarve, Algeciras, Gibraltar, and the Canary Islands, count and countess of Barcelona, lord and lady of Biscay and Molina, duke and duchess of Athens and Neopatras, count and countess of Roussillon and Cerdagne, marquis and marchioness of Oristano and Gociano, together with the Prince Don John, our very dear and very beloved first-born son, heir of our aforesaid kingdoms and lordships. Whereas by Don Enrique Enriques, our chief steward, Don Gutierre de Cardenas, chief commissary of Leon, our chief auditor, and Doctor Rodrigo Maldonado, all members of our council, it was treated, adjusted, and agreed for us and in our name and by virtue of our power with the most serene Dom John, by the grace of God, king of Portugal and of the Algarves on this side and beyond the sea in Africa, lord of Guinea, our very dear and very beloved brother, and with Ruy de Sousa, lord of Sagres and Berenguel, Dom Joao de Sousa, his son, chief inspector of weights and measures of the said Most Serene King our brother, and Ayres de Almada, magistrate of the civil cases in his court and member of his desembargo, all members of the council of the aforesaid Most Serene King our brother, [and acting] in his name and by virtue of his power, his ambassadors, who came to us in regard to the controversy over what part belongs to us and what part to the said Most Serene King our brother, of that which up to this seventh day of the present month of June, the date of this instrument, is discovered in the ocean sea, in which said agreement our aforesaid representatives promised among other things that within a certain term specified in it we should sanction, confirm, swear to, ratify, and approve the above-mentioned agreement in person: we, wishing to fulfill and fulfilling all that which was thus adjusted, agreed upon, and authorized in our name in regard to the above-mentioned, ordered the said instrument of the aforesaid agreement and treaty to be brought before us that we might see and examine it, the tenor of which, word for word, is as follows:

In the name of God Almighty, Father, Son, and Holy Ghost, three truly separate and distinct persons and only one divine essence. Be it manifest and known to all who shall see this public instrument, that at the village of Tordesillas, on the seventh day of the month of June, in the year of the nativity of our Lord Jesus Christ 1494, in the presence of us, the secretaries, clerks, and notaries public subscribed below, there being present the honorable Don Enrique Enriques, chief steward of the very exalted and very mighty princes, the lord and lady Don Ferdinand and Dona Isabella, by the grace of God king and queen of Castile, Leon, Aragon, Sicily, Granada, etc., Don Gutierre de Cardenas, chief auditor of the said lords, the king and queen, and Doctor Rodrigo Maldonado, all members of the council of the said lords, the king and queen of Castile, Leon, Aragon, Sicily, Granada, etc., their qualified representatives of the one part, and the honorable Ruy de Sousa, lord of Sagres and Berenguel, Dom Juan de Sousa, his son, chief inspector of weights and measures of the very exalted and very excellent lord Dom John, by the grace of God king of Portugal and of the Algarves on this side and beyond the sea in Africa, lord of Guinea, and Ayres de Almada, magistrate of civil cases in his court and member of his desembargo, all of the council of the said lord King of Portugal, and his qualified ambassadors and representatives, as was proved by both the said parties by means of the letters of authorization and procurations from the said lords their constituents, the tenor of which, word for word, is as follows:

[Here follow the full powers granted by Ferdinand and Isabella to Don Enrique Enriques, Don Gutierre de Cardenas, and Dr. Rodrigo Maldonado on June 5, 1494; and the full powers granted by John II. to Ruy de Sousa, Joao de Sousa, and Ayres Almada on March 8, 1494.]

"Thereupon it was declared by the above-mentioned representatives of the aforesaid King and Queen of Castile, Leon, Aragon, Sicily, Granada, etc., and of the aforesaid King of Portugal and the Algarves, etc.:

[I.] That, whereas a certain controversy exists between the said lords, their constituents, as to what lands, of all those discovered in the ocean sea up to the present day, the date of this treaty, pertain to each one of the said parts respectively; therefore, for the sake of peace and concord, and for the preservation of the relationship and love of the said King of Portugal for the said King and Queen of Castile, Aragon, etc., it being the pleasure of their Highnesses, they, their said representatives, acting in their name and by virtue of their powers herein described, covenanted and agreed that a boundary or straight line be determined and drawn north and south, from pole to pole, on the said ocean sea, from the Arctic to the Antarctic pole. This boundary or line shall be drawn straight, as aforesaid, at a distance of three hundred and seventy leagues west of the Cape Verde Islands, being calculated by degrees, or by any other manner as may be considered the best and readiest, provided the distance shall be no greater than abovesaid. And all lands, both islands and mainlands, found and discovered already, or to be found and discovered hereafter, by the said King of Portugal and by his vessels on this side of the said line and bound determined as above, toward the east, in either north or south latitude, on the eastern side of the said bound provided the said bound is not crossed, shall belong to, and remain in the possession of, and pertain forever to, the said King of Portugal and his successors. And all other lands, both islands and mainlands, found or to be found hereafter, discovered or to be discovered hereafter, which have been discovered or shall be discovered by the said King and Queen of Castile, Aragon, etc., and by their vessels, on the western side of the said bound, determined as above, after having passed the said bound toward the west, in either its north or south latitude, shall belong to, and remain in the possession of, and pertain forever to, the said King and Queen of Castile, Leon, etc., and to their successors.

[2.] Item, the said representatives promise and affirm by virtue of the powers aforesaid, that from this date no ships shall be despatched-namely as follows: the said King and Queen of Castile, Leon, Aragon, etc., for this part of the bound, and its eastern side, on this side the said bound, which pertains to the said King of Portugal and the Algarves, etc.; nor the said King of Portugal to the other part of the said bound which pertains to the said King and Queen of Castile, Aragon, etc.-for the purpose of discovering and seeking any mainlands or islands, or for the purpose of trade, barter, or conquest of any kind. But should it come to pass that the said ships of the said King and Queen of Castile, Leon, Aragon, etc., on sailing thus on this side of the said bound, should discover any mainlands or islands in the region pertaining, as abovesaid, to the said King of Portugal, such mainlands or islands shall pertain to and belong forever to the said King of Portugal and his heirs, and their Highnesses shall order them to be surrendered to him immediately. And if the said ships of the said King of Portugal discover any islands and mainlands in the regions of the said King and Queen of Castile, Leon, Aragon, etc., all such lands shall belong to and remain forever in the possession of the said King and Queen of Castile, Leon, Aragon, etc., and their heirs, and the said King of Portugal shall cause such lands to be surrendered immediately.

[3.] Item, in order that the said line or bound of the said division may be made straight and as nearly as possible the said distance of three hundred and seventy leagues west of the Cape Verde Islands, as hereinbefore stated, the said representatives of both the said parties agree and assent that within the ten months immediately following the date of this treaty their said constituent lords shall despatch two or four caravels, namely, one or two by each one of them, a greater or less number, as they may mutually consider necessary. These vessels shall meet at the Grand Canary Island during this time, and each one of the said parties shall send certain persons in them, to wit, pilots, astrologers, sailors, and any others they may deem desirable. But there must be as many on one side as on the other, and certain of the said pilots, astrologers, sailors, and others of those sent by the said King and Queen of Castile, Aragon, etc., and who are experienced, shall embark in the ships of the said King of Portugal and the Algarves; in like manner certain of the said persons sent by the said King of Portugal shall embark in the ship or ships of the said King and Queen of Castile, Aragon, etc.; a like number in each case, so that they may jointly study and examine to better advantage the sea, courses, winds, and the degrees of the sun or of north latitude, and lay out the leagues aforesaid, in order that, in determining the line and boundary, all sent and empowered by both the said parties in the said vessels, shall jointly concur. These said vessels shall continue their course together to the said Cape Verde Islands, from whence they shall lay a direct course to the west, to the distance of the said three hundred and seventy degrees, measured as the said persons shall agree, and measured without prejudice to the said parties. When this point is reached, such point will constitute the place and mark for measuring degrees of the sun or of north latitude either by daily runs measured in leagues, or in any other manner that shall mutually be deemed better. This said line shall be drawn north and south as aforesaid, from the said Arctic pole to the said Antarctic pole. And when this line has been determined as abovesaid, those sent by each of the aforesaid parties, to whom each one of the said parties must delegate his own authority and power, to determine the said mark and bound, shall draw up a writing concerning it and affix thereto their signatures. And when determined by the mutual consent of all of them, this line shall be considered as a perpetual mark and bound, in such wise that the said parties, or either of them, or their future successors, shall be unable to deny it, or erase or remove it, at any time or in any manner whatsoever. And should, perchance, the said line and bound from pole to pole, as aforesaid, intersect any island or mainland, at the first point of such intersection of such island or mainland by the said line, some kind of mark or tower shall be erected, and a succession of similar marks shall be erected in a straight line from such mark or tower, in a line identical with the above-mentioned bound. These marks shall separate those portions of such land belonging to each one of the said parties; and the subjects of the said parties shall not dare, on either side, to enter the territory of the other, by crossing the said mark or bound in such island or mainland.

[4.] Item, in as much as the said ships of the said King and Queen of Castile, Leon, Aragon, etc., sailing as before declared, from their kingdoms and seigniories to their said possessions on the other side of the said line, must cross the seas on this side of the line, pertaining to the said King of Portugal, it is therefore concerted and agreed that the said ships of the said King and Queen of Castile, Leon, Aragon, etc., shall, at any time and without any hindrance, sail in either direction, freely, securely, and peacefully, over the said seas of the said King of Portugal, and within the said line. And whenever their Highnesses and their successors wish to do so, and deem it expedient, their said ships may take their courses and routes direct from their kingdoms to any region within their line and bound to which they desire to despatch expeditions of discovery, conquest, and trade. They shall take their courses direct to the desired region and for any purpose desired therein, and shall not leave their course, unless compelled to do so by contrary weather. They shall do this provided that, before crossing the said line, they shall not seize or take possession of anything discovered in his said region by the said King of Portugal; and should their said ships find anything before crossing the said line, as aforesaid, it shall belong to the said King of Portugal, and their Highnesses shall order it surrendered immediately. And since it is possible that the ships and subjects of the said King and Queen of Castile, Leon, etc., or those acting in their name, may discover before the twentieth day of this present month of June, following the date of this treaty, some islands and mainlands within the said line, drawn straight from pole to pole, that is to say, inside the said three hundred and seventy leagues west of the Cape Verde Islands, as aforesaid, it is hereby agreed and determined, in order to remove all doubt, that all such islands and mainlands found and discovered in any manner whatsoever up to the said twentieth day of this said month of June, although found by ships and subjects of the said King and Queen of Castile, Aragon, etc., shall pertain to and remain forever in the possession of the said King of Portugal and the Algarves, and of his successors and kingdoms, provided that they lie within the first two hundred and fifty leagues of the said three hundred and seventy leagues reckoned west of the Cape Verde Islands to the above-mentioned line-in whatsoever part, even to the said poles, of the said two hundred and fifty leagues they may be found, determining a boundary or straight line from pole to pole, where the said two hundred and fifty leagues end. Likewise all the islands and mainlands found and discovered up to the said twentieth day of this present month of June by the ships and subjects of the said King and Queen of Castile, Aragon, etc., or in any other manner, within the other one hundred and twenty leagues that still remain of the said three hundred and seventy leagues where the said bound that is to be drawn from pole to pole, as aforesaid, must be determined, and in whatever part of the said one hundred and twenty leagues, even to the said poles,-they that are found up to the said day shall pertain to and remain forever in the possession of the said King and Queen of Castile, Aragon, etc., and of their successors and kingdoms; just as whatever is or shall be found on the other side of the said three hundred and seventy leagues pertaining to their Highnesses, as aforesaid, is and must be theirs, although the said one hundred and twenty leagues are within the said bound of the said three hundred and seventy leagues pertaining to the said King of Portugal, the Algarves, etc., as aforesaid.

And if, up to the said twentieth day of this said month of June, no lands are discovered by the said ships of their Highnesses within the said one hundred and twenty leagues, and are discovered after the expiration of that time, then they shall pertain to the said King of Portugal as is set forth in the above.

The said Don Enrique Enriques, chief steward, Don Gutierre de Cardenas, chief auditor, and Doctor Rodrigo Maldonado, representatives of the said very exalted and very mighty princes, the lord and lady, the king and queen of Castile, Leon, Aragon, Sicily, Granada, etc., by virtue of their said power, which is incorporated above, and the said Ruy de Sousa, Dom Joao de Sousa, his son, and Arias de Almadana, representatives and ambassadors of the said very exalted and very excellent prince, the lord king of Portugal and of the Algarves on this side and beyond the sea in Africa, lord of Guinea, by virtue of their said power, which is incorporated above, promised, and affirmed, in the name of their said constituents, [saying that they and their successors and kingdoms and lordships, forever and ever, would keep, observe, and fulfill, really and effectively, renouncing all fraud, evasion, deceit, falsehood, and pretense, everything set forth in this treaty, and each part and parcel of it; and they desired and authorized that everything set forth in this said agreement and every part and parcel of it be observed, fulfilled, and performed as everything which is set forth in the treaty of peace concluded and ratified between the said lord and lady, the king and queen of Castile, Aragon, etc., and the lord Dom Alfonso, king of Portugal (may he rest in glory) and the said king, the present ruler of Portugal, his son, then prince in the former year of 1479, must be observed, fulfilled, and performed, and under those same penalties, bonds, securities, and obligations, in accordance with and in the manner set forth in the said treaty of peace. Also they bound themselves [by the promise]that neither the said parties nor any of them nor their successors forever should violate or oppose that which is abovesaid and specified, nor any part or parcel of it, directly or indirectly, or in any other manner at any time, or in any manner whatsoever, premeditated or not premeditated, or that may or can be, under the penalties set forth in the said agreement of the said peace; and whether the fine be paid or not paid, or graciously remitted, that this obligation, agreement, and treaty shall continue in force and remain firm, stable, and valid forever and ever. That thus they will keep, observe, perform, and pay everything, the said representatives, acting in the name of their said constituents, pledged the property, movable and real, patrimonial and fiscal, of each of their respective parties, and of their subjects and vassals, possessed and to be possessed. They renounced all laws and rights of which the said parties or either of them might take advantage to violate or oppose the foregoing or any part of it; and for the greater security and stability of the aforesaid, they swore before God and the Blessed Mary and upon the sign of the Cross, on which they placed their right hands, and upon the words of the Holy Gospels, wheresoever they are written at greatest length, and on the consciences of their said constituents, that they, jointly and severally, will keep, observe, and fulfill all the aforesaid and each part and parcel of it, really and effectively, renouncing all fraud, evasion, deceit, falsehood, and pretense, and that they will not contradict it at any time or in any manner. And under the same oath they swore not to seek absolution or release from it from our most Holy Father or from any other legate or prelate who could give it to them. And even though, proprio motu, it should be given to them, they will not make use of it; rather, by this present agreement, they, acting in the said name, entreat our most Holy Father that his Holiness be pleased  to confirm and approve this said agreement, according to what is set forth therein; and that he order his bulls in regard to it to be issued to the parties or to whichever of the parties may solicit them, with the tenor of this agreement incorporated therein, and that he lay his censures upon those who shall violate or oppose it at any time whatsoever. Likewise, the said representatives, acting in the said names, bound themselves under the same penalty and oath, that within the one hundred days next following, reckoned from the day of the date of this agreement, the parties would mutually exchange the approbation and ratification of this said agreement, written on parchment, signed with the names of the said lords, their constituents, and sealed with their hanging leaden seals; and that the instrument which the said lords, the king and queen of Castile, Aragon, etc., should have to issue, must be signed, agreed to, and sanctioned by the very noble and most illustrious lord, Prince Don Juan, their son. Of all the foregoing they authorized two copies, both of the same tenor exactly, which they signed with their names and executed before the undersigned secretaries and notaries public, one for each party. And whichever copy is produced, it shall be as valid as if both the copies which were made and executed in the said town of Tordesillas, on the said day, month, and year aforesaid, should be produced. The chief deputy, Don Enrique, Ruy de Sousa, Dom Juan de Sousa, Doctor Rodrigo Maldonado, Licentiate Ayres. Witnesses who were present and who saw the said representatives and ambassadors sign their names here and execute the aforesaid, and take the said oath: The deputy Pedro de Leon and the deputy Fernando de Torres, residents of the town of Valladolid, the deputy Fernando de Gamarra, deputy of Zagra and Cenete, contino of the house of the said king and queen, our lords, and Joao Suares de Sequeira, Ruy Leme, and Duarte Pacheco, continos of the house of the said King of Portugal, summoned for that purpose. And I, Fernando Alvarez de Toledo, secretary of the king and queen, our lords, member of their council, and their scrivener of the high court of justice, and notary public in their court and throughout their realms and lordships, witnessed all the aforesaid, together with the said witnesses and with Estevan Vaez, secretary of the said King of Portugal, who by the authority given him by the said king and queen, our lords, to certify to this act in their kingdoms, also witnessed the abovesaid; and at the request and with the authorization of all the said representatives and ambassadors, who in my presence and his here signed their names, I caused this public instrument of agreement to be written. It is written on these six leaves of paper, in entire sheets, written on both sides, together with this leaf, which contains the names of the aforesaid persons and my sign; and the bottom of every page is marked with the notarial mark of my name and that of the said Estevan Vaez. And in witness I here make my sign, which is thus. In testimony of truth: Fernando Alvarez. And I, the said Estevan Vaez (who by the authority given me by the said lords, the king and queen of Castile, and of Leon, to make it public throughout their kingdoms and lordships, together with the said Fernando Alvarez, at the request and summons of the said ambassadors and representatives witnessed everything), in testimony and assurance thereof signed it here with my public sign, which is thus.

The said deed of treaty, agreement, and concord, above incorporated, having been examined and understood by us and by the said Prince Don John, our son, we approve, commend, confirm, execute, and ratify it, and we promise to keep, observe, and fulfill all the abovesaid that is set forth therein, and every part and parcel of it, really and effectively. We renounce all fraud, evasion, falsehood, and pretense, and we shall not violate or oppose it, or any part of it, at any time or in any manner whatsoever. For greater security, we and the said prince Don John, our son, swear before God and Holy Mary, and by the words of the Holy Gospels, wheresoever they are written at greatest length, and upon the sign of the Cross upon which we actually placed our right hands, in the presence of the said Ruy de Sousa, Dom Joao de Sousa, and Licentiate Ayres de Almada, ambassadors and representatives of the said Most Serene King of Portugal, our brother, thus to keep, observe, and fulfill it, and every part and parcel of it, so far as it is incumbent upon us, really and effectively, as is abovesaid, for ourselves and for our heirs and successors, and for our said kingdoms and lordships, and the subjects and natives of them, under the penalties and obligations, bonds and abjurements set forth in the said contract of agreement and concord above written. In attestation and corroboration whereof, we sign our name to this our letter and order it to be sealed with our leaden seal' hanging by threads of colored silk. Given in the town of Arevalo, on the second day of the month of July, in the year of the nativity of our Lord Jesus Christ, 1494.

I, THE KING. I, THE QUEEN. I, THE PRINCE.

I, FERNANDO ALVAREZ de Toledo, secretary of the king and of the queen, our lords, have caused it to be written by their mandate.

. . . doctor.

Chinese Slavery in America (1897)

BY CHARLES FREDERICK HOLDER

____________

Among the factors which have aided in producing industrial unrest on the Pacific Slope during the past decades has been the almost unrestricted pouring in of alien races, particularly the Chinese. The question has assumed grave importance, especially in California, where almost every political contest during the past twenty years has been some bearing upon the so-called colonization of the Chinese in America and their usurpation of the industrial field of the American citizen.

⁠While this aspect of the question has been the disturbing and dominating feature continually before the public, there is another and darker side to this alien movement, one which shows the Chinese in America to be a constant menace to law, order, and morality.

⁠Several months ago the Chinese Consul of San Francisco waited in some state on one of the missions in that city and demanded the release of a fugitive slave, for the "honor of China and the Chinese." The representative of the Emperor was rebuffed, and he retired to advise his countryman who owned the woman by right of purchase to apply an American method known as the writ of habeas corpus. This was done, the woman being taken into court and fought over for several weeks, during which the world at large became aware that there existed in America a system of slavery as obnoxious and debased as could be found in any slave-dealing country of to-day. There was nothing remarkable in the action of the Consul, as the peculiar and elastic code of morals possessed by the Chinese permits slavery, recognizing it as an institution to be protected and fostered, especially in America.

⁠The large Chinese settlement in San Francisco has made this traffic in human beings not merely possible, but a business followed as a means of profitable investment, under the protection and patronage of two Chinese societies, and here, in the heart of an American city, we find one of the best-organized slave marts of modern times, fostered by as motley a band of criminals as could be produced in any portion of the uncivilized world; a band numbering three thousand, who derive their support directly or indirectly from the sale and barter of female slaves.

⁠The Chinese population of San Francisco is estimated at 20,000. OF these 5,000 are factory hands; 5,000 claim to be merchants; 4,000 are domestic servants; 3,000 are the criminals referred to, and 3,000 are women and children. Of the 2,500 females it is estimated with more or less accuracy that 1,000 are legitimate wives, the remaining 1,500 being slaves in the fullest sense; girls kidnapped in their homes in the Orient, brought to America by fraud and imposture, passed through the custom-house under false oaths, in fear of death or dire consequences, put up at auction before professional slave merchants, knocked down to the highest bidder, and condemned, in the majority of instances, to a life under duress in the Chinese brothels of an American city.

Such a slave the Chinese Consul referred to demanded. The woman had been sold and believed that she was a slave; but when her master attempted to sell her six-year-old child on the ground that she gave it too much care, and that it interfered with her work, she fled to one of the missions and asked for shelter and protection; there learning for the first time that she was a free woman under the laws of the United States. After a long legal contest she was returned to the charge of the Methodist mission.

⁠A young Chinese girl, from nine to twelve years of age, in San Francisco to-day has a market value of from $150 to $500. A girl from twelve to sixteen, if attractive, is quoted on change among the high-binders, who constitute the brokers in this unique American Exchange, at from $500 to $1,500, while for girls over this age the prices range up to $3,500, which has been paid on teh very ground that such an investment will return a profit of twenty or thirty per cent.

⁠Slavery has existed among the Chinese in California for years, and continues almost unrestricted. As these lines are written the courts of San Francisco are fighting over the case of a slave named Fong, who claims to have been kidnapped in China, brought to America, and sold to the highest bidder. She finally escaped to one of the mission, that has so far successfully defied her owners, and, as a result, the question of Chinese slavery will undoubtedly be thoroughly ventilated.

⁠The investigation of this and other cases, and examination of the records of the Chinese-American missions, show that slavery of the most horrible and debased nature is being carried on wherever the Chinese have a foothold. From authoritative sources it has been learned that slaves are, as a rule, badly treated, and the court and mission records abound in citations showing cross cruelty. The slaves are of two classes - young girls, used as household drudges, and adults, held for immoral purposes by their owners, who rent or sell them.

This criminal or slave-dealing class constitutes an important element in Chinatown, and has an organized system so elaborately and cunningly devised that so far it has been impossible to stamp out the practice. It seems incredible that slavery should be boldly advocated and carried on with all the elaboration and system that characterize any successful commercial project; yet America is the principal field of the Oriental slave dealer, and San Francisco the headquarters for those engaged in the traffic. Here, on Dupont Street, until within a short time, was an apartment known as the "Queen's Room," in reality a public slave mart, where the victims were brought and exhibited to dealers and would-be purchasers. The two societies already mentioned have systemized the business in such a manner that it is a very simple process to evade the American law. The headquarters are in San Francisco, agents being stationed at Canton, Amoy, and other large Chinese cities. These, in turn, have sub-agents in the suburban districts, whose duty it is to kidnap the victims and forward them to the agent at the shipping ports, who usually consigns them to a travelling or confidential agent, whose duties lie not alone in guarding the human property, but in instructing the women so tat they will be able to pass the Custom House authorities. Unfortunately the Chinese law and custom of marriage aids the kidnapper. A wife rarely sees her husband before marriage; the affair being a business arrangement, pure and simple, and the girl bargained for by the agent of the perspective husband. The agent of the San Francisco dealer, in the fulfilment of his duty, pretends to represent a wealthy man searching for a wife. In this guise he approaches a country girl, to whom he holds out the inducement of a rich husband at Canton. Inexperienced, her imagination excited by the picture of a life of luxury or ease drawn by the agent, she consents to accompany him to meet her husband and leaves her home never to return. Arriving at some port, the agent invents a story to the effect that the husband has been called away to another place, and has left word for her to follow. Still unsuspicious, she is shipped on an American steamer with others in charge of another agent. When far out at sea the victim usually rebels, but is quieted by the agent, who now informs her that she is in the greatest danger; that if she cannot succeed in passing the American officials at San Francisco she will be thrown into prison and subjected to torture. There is one opportunity to escape, she is told, and that is by pretending that she is a married woman returning to her husband after a visit to China. She is also given a forged certificate and a slip containing the name and address of her supposed husband in San Francisco. This story the victim is forced to learn and adhere to under threats of violence or death, and the terrified girl readily enters into the scheme to deceive the American Custom House officers, who are supposed to enforce a vigorous examination in each case; but despite this there are hundreds of illegal entries. The Hon. John H. Wise, Collector of the Port of San Francisco, in reply to a letter from the writer, said: "We have nothing to indicate the character of Chinese women who come her for the purpose of landing. Those who have come since I have had charge of this office claim to be either married women or native born. The question of the right of either to land is determined by the proof presented. If there are any prostitutes among them they would be generally found among those who claim to be native born, and we frequently hear of girls so landed being in houses of ill fame. But there is no way to reach them, because they come and land as native born, and while they can submit ample proof of nativity the government is unable to produce evidence to the contrary."

The girls who are examined before the collector for admission are valued at from $150 to $3,500, the latter sum having been paid in one instance; consequently every effort is made by the consignee to bring them through the ordeal successfully. This accomplished, the girl, who, perhaps, still expects to meet her promised husband, is taken to a boarding-house, provided with a rich wardrobe and rendered as attractive as possible. She is now (or she used to be, before the place was closed by the police) conducted to the "Queen's Room," which she is told belongs to her husband and where she is to receive his friends. The girl is now really on exhibition for sale, and is critically examined by high-binders, slave-dealers, speculators, brothel keepers, and others interested in the sale. Finally a price is agreed upon and she becomes the property of some man whom she supposes to be her husband. The plot is not discovered by the credulous victim until her master hands her over to the keeper of a brothel. In four-fifths of the cases of slavery this is the method of procedure, which, it is needless to say, is invariably effective, the victim rarely if ever escaping.

rescinding Mormon 'extermination order'

KANSAS CITY, Mo. — U.S. Sen. Christopher S. "Kit" Bond, who as Missouri governor in 1976 rescinded the 1838 "extermination order," authorizing the expulsion of Mormons from the state, has been honored by the Mormon History Association for his action 34 years ago.

At the Friday evening awards banquet of its annual conference, the association gave Bond its Thomas L. Kane Award for outstanding service to the Mormon community by a non-Mormon.

Absent because of a scheduling conflict, the senator sent a recorded video message and acceptance of the award.

"You bet I'd do it again," Bond declared regarding his rescission of Gov. Lilburn W. Boggs' 1838 order. "The treatment of the Mormon people in Missouri in the 1830s and beyond was barbaric. Women were raped and tortured. Men were killed by mobs or driven out of state. Their property was stolen. The lucky ones were those who were left alive with nothing and were forced to make their way into a more hospitable state."

What makes it especially hard to understand was that the barbarism was state-sanctioned, Bond said, adding that Boggs' order made it legal to kill anyone who belonged to The Church of Jesus Christ of Latter-day Saints.

"What surprised me was that as late as 1976, the law was still on the books, though thankfully, it had not been enforced and nobody paid attention to it," Bond said.

"We cannot change history, but we certainly ought to be able to learn from it and where possible acknowledge past mistakes," he said. "That was what motivated me to rescind the extermination order in 1976."

Bond said Missouri is now home to more than 100,000 Mormons.

His action rescinding the order was facilitated by a contact from Lyman Edwards, a leader in St. Joseph, Mo., of the Reorganized Church of Jesus Christ of Latter Day Saints. Speaking to the audience after Bond's message was shown, Edwards said he contacted then-Gov. Bond in 1975 asking if he would be amenable to rescinding the order. He received an encouraging reply from the governor saying he might be interested.

In February 1976, Edwards recounted that he, his wife and a local Episcopal priest approached the governor at a Republican party banquet about the prospect. Ultimately, Bond attended the conference of Edwards' congregation, and Edwards accepted Bond's executive order "on behalf of the saints of the Restoration movement."

Prior to the presentation to Bond, the association awarded a special citation to the Missouri State Archives for a significant contribution to the study of Mormon history.

Capitulary of Charlemagne

(From "Mon. Germ, hist." [Quarto Series] LL. II., p. 91-99; also to be found in "Altmann u. Bernheim," p. 4.)

CHAPTER I. CONCERNING THE EMBASSY SENT OUT BY THE LORD EMPEROR.

The most serene and most Christian emperor Charles did choose from among his nobles the most prudent and the wisest men — archbishops as well as other bishops, and venerable abbots, and pious laymen — and did send them over his whole kingdom; and did grant through them, by means of all the following provisions, that men should live according to law and right. He did order them, moreover, that, where anything is contained in the law that is otherwise than according to right and justice, they should inquire into this most diligently, and make it known to him: and he, God granting, hopes to better it. And let no one, through his cleverness or astuteness — as many are accustomed to do — dare to oppose the written law, or the sentence ​passed upon him, or to prevail against the churches of God, or the poor, or widows, or minors, or any Christian man. But all should live together according to the precept of God, in a just manner and under just judgment; and each one should be admonished to live in unity with the others in his occupation or calling. The monastic clergy should altogether observe in their actions a canonical mode of living, far removed from turpid gains; nuns should keep diligent guard over their lives; laymen and secular clergy should make proper use of their privileges without malicious fraud; all should live together in mutual charity and perfect peace. And let the messengers diligently investigate all cases where any man claims that injustice has been done to him by any one, according as they themselves hope to retain for themselves the grace of omnipotent God, and to preserve the fidelity promised to Him. And thus, altogether and everywhere and in all cases, whether the matter concerns the holy churches of God, or the poor, or wards and widows, or the whole people, let them fully administer law and justice according to the will and to the fear of God. And if there should be any matter such that they themselves, with the counts of the province, could not better it and render justice with regard to it: without any ambiguity they shall refer it, together with their reports, to the emperor's court. Nor should anyone be kept back from the right path of justice by the adulation or the reward of any man, by the obstacle of any relationship, or by the fear of powerful persons.

2. CONCERNING THE FEALTY TO BE PROMISED TO THE LORD EMPEROR.

And he ordained that every man in his whole kingdom—ecclesiastic or layman, each according to his vow and calling—who had previously promised fealty to him as king should now make this promise to him as emperor; and that those who had hitherto not made this promise should all, down to those under 12 years of age, do likewise. And he ordained that it should be publicly told to all—so that each one should understand it—what important things and how many things are comprehended in ​that oath: not alone, as many have hitherto believed, fidelity to the emperor as regards his life, or the not introducing an enemy into his kingdom for a hostile purpose, or the not consenting to the infidelity of another, or the not keeping silent about it. But all should know that the oath comprises in itself the following meaning:

3. Firstly, that every one of his own accord should strive, according to his intelligence and strength, wholly to keep himself in the holy service of God according to the precept of God and to his own promise—inasmuch as the emperor can not exhibit the necessary care and discipline to each man singly.

4. Secondly, that no one, either through perjury or through any other wile or fraud, or on account of the flattery or gift of any one, shall refuse to give back, or dare to abstract or conceal a slave of the emperor, or a district or territory or anything that belongs to his proprietary right; and that no one shall presume to conceal or abstract, through perjury or any other wile, fugitive fiscaline slaves who unjustly and fraudulently call themselves free.

5. That no one shall presume through fraud to plunder or do any injury to the holy churches of God, or to widows, orphans or strangers; for the emperor himself, after God and his saints, has been constituted their protector and defender.

6. That no one shall dare to devastate a fief of the emperor or to take possession of it.

7. That no one shall presume to neglect a summons to arms of the emperor; and that no count be so presumptuous as to dare to release—out of regard for any relationship, or on account of flattery or of any one's gift—any one of those who owe military service.

8. That no one at all shall dare in any way to impede a bann or precept of the emperor, or delay or oppose or damage any undertaking of his, or in any way act contrary to his will and precepts. And that no one shall dare to interfere with his taxes and with what is due to him.

9. That no man shall make a practice of unjustly carrying on the defence of another in court, whether from any cupidity, being not a very great pleader; or in order, by ​the cleverness of his defence, to impede a just judgment or. his case being a weak one, by a desire of oppressing.. But each man, with regard to his own case, or tax, or debt, must carry on his own defence; unless he be infirm or ignorant of pleading—for which sort of persons the "missi," or those who preside in that court, or a judge who knows the case for the defendant, shall plead before the court. Or, if necessary, such a person may be granted for the defence as shall be approved by all, and well versed in that case. This, however, shall be done altogether according to the pleasure of those who preside, or of the "missi" who are present. And all this shall he done in every way according to law, so that justice shall be in no way impeded by any gift, payment, or by any wile of evil adulation, or out of regard for any relationship. And that no man shall make any unjust agreement with another, but that all shall be prepared, with all zeal and good will to carry out justice.

For all these things here mentioned should be observed as being comprised in the oath to the emperor.

10. That bishops and priests should live according to the canons and should teach others to do likewise.

The Salic Law

The legal code of the Salian Franks, which originated in 5th century Gaul. It was issued by Clovis (465–511) and reissued under the Carolingians. It contained both criminal and civil clauses and provided for penal fines for offenders. It also laid down that daughters could not inherit land and was later used in France and in some German principalities to prevent daughters succeeding to the throne.

(Gengler, "Germanische Rechtsdenkmaeler," p. 267.)

Title I. Concerning Summonses.

1. If any one be summoned before the "Thing" by the king's law, and do not come, he shall be sentenced to 600 denars, which make 15 shillings (solidi).

2. But he who summons another, and does not come himself, shall, if a lawful impediment have not delayed him, be sentenced to 15 shillings, to be paid to him whom he summoned.

3. And he who summons another shall walk with witnesses to the home of that man, and, if he be not at home, shall bid the wife or any one of the family to make known to him that he has been summoned to court.

4. But if he be occupied in the king's service he can not summon him.

5. But if he shall be inside the hundred seeing about his own affairs, he can summon him in the manner explained above. ​

Title II. Concerning Thefts of Pigs, etc.

1. If any one steal a sucking pig, and it be proved against him, he shall be sentenced to 120 denars, which make three shillings.

2. If any one steal a pig that can live without its mother, and it be proved on him, he shall be sentenced to 40 denars — that is, 1 shilling.

14. If any one steal 25 sheep where there were no more in that flock, and it be proved on him, he shall be sentenced to 2500 denars — that is, 62 shillings.

Title III. Concerning Thefts of Cattle.

4. If any one steal that bull which rules the herd and never has been yoked, he shall be sentenced to 1800 denars, which make 45 shillings.

5. But if that bull is used for the cows of three villages in common, he who stole him shall be sentenced to three times 45 shillings.

6. If any one steal a bull belonging to the king he shall be sentenced to 3600 denars, which make 90 shillings.

Title IV. Concerning Damage done among Crops or in any Enclosure.

1. If any one finds cattle, or a horse, or flocks of any kind in his crops, he shall not at all mutilate them.

2. If he do this and confess it, he shall restore the worth of the animal in place of it, and shall himself keep the mutilated one.

3. But if he have not confessed it, and it have been proved on him, he shall be sentenced, besides the value of the animal and the fines for delay, to 600 denars, which make 15 shillings.

Title XI. Concerning Thefts or Housebreakings of Freemen.

1. If any freeman steal, outside of the house, something worth 2 denars, he shall be sentenced to 600 denars, which make 15 shillings. ​

2. But if he steal, outside of the house, something worth 40 denars, and it be proved on him, he shall be sentenced, besides the amount and the fines for delay, to 1400 denars, which make 35 shillings.

3. If a freeman break into a house and steal something worth 2 denars, and it be proved on him, he shall be sentenced to 15 shillings.

4. But if he shall have stolen something worth more than 5 denars. and it have been proved on him, he shall be sentenced, besides the worth of the object and the fines for delay, to 1400 denars, which make 35 shillings.

Select Historical Documents of the Middle Ages/Book II/The Salic Law by  (1892) translated by Ernest Flagg Henderson

photo credit: salic law

photo: Record of a judgement by Childebert III, who reigned from 694-711 AD.

Stockholm

[STOCK-home] is a town in Aroostook County, organized as a plantation on March 4, 1895 from the township T16 R3 WELS, and incorporated as a town on February 27, 1911. It is located on Bangor & Aroostook (B&A) railroad line.

The first settlers were Alfred and Brita Swenson and Anna and Johannes Anderson who immigrated from Sweden on April 1, 1881 as part of the state’s “Swedish Colony” program.

Stockholm’s Historical Society maintains local records and other materials documenting the town’s development.

Named for the Swedish capital, the village lies on the Little Madawaska River, just off Maine Route 161 and just north of New Sweden, also part of the Colony.

The village, essentially off the main highways, is not “on-the-way” to anywhere

This small community, with a continued significant reliance on agriculture and a declining population, still supports three churches:

Catholic, Baptist, and Lutheran.

New Sweden,Maine

[NEW SWEE-dehn] is a town in Aroostook County, incorporated on January 29, 1895 from New Sweden Plantation, itself organized in 1876 from township T15 R3 WELS.

After the Civil War, Maine, like other states, was losing population to the great westward migration. A conscious public policy, enacted into law in 1870, of encouraging Swedish immigration resulted in the very successful settlement of Swedes in New Sweden and nearby Stockholm beginning in 1870. Land was allocated to settlers by the State’s Land Agent and reports of the Swedish Colony’s progress were reported in 1870 by the Board of Immigration.

The plaque  reads in part, “THE FIRST SWEDISH COLONISTS OF MAINE REACHED THIS SPOT IN THE WILD WOODS AT NOON JULY 23, 1870. THE COLONY NUMBERED 22 MEN, 11 WOMEN AND 17 CHILDREN. 50 SOULS IN ALL.”

In 2003 the town endured a shocking crime: the largest mass poisoning in U.S. history. One person died, fifteen others became ill from arsenic placed in the coffee at the historic Gustaf Adolph Lutheran Church on Sunday, April 27th. The nearby Cary Medical Center provided treatment for seventeen church members.

Shortly thereafter, a church member who had not attended the church service, committed suicide and, in a suicide note released in 2006, admitted he had tampered with the coffee not realizing its lethal potential.

Just northwest of Caribou on Maine Route 161, the town is just south of Stockholm.

Additional resources

Cedarleaf, Wallace E. New Sweden, Maine: A Noble Experiment. New Sweden, Me. New Sweden Historical Society. 1994. [Maine State Library]

Celebration of the Decennial Anniversary of the Founding of New Sweden, Maine, July 23, 1880.  Portland, Me. B. Thurston, Printers. 1881.

Hede, Richard. ed., Centennial History of Maine’s Swedish Colony: New Sweden, Westmanland, Stockholm and Adjoining Areas. Stockholm, Me. 1970.

Letters From the Promised Land: Swedes in America, 1840-1914. Minneapolis, MN. Published by the University of Minnesota Press for the Swedish Pioneer Historical Society. 1975.

Malmquist, Marie. Lapptäcke. New Sweden, Me. The Author? 1928-9. University of Maine at Presque Isle. Library and Learning Resource Center.

Silver Birches: Preserving Cultural Heritage by Learning from Earlier Generations. New Sweden, Me. [published by residents of New Sweden, Stockholm, and Westmanland, Maine] 1981. [University of Maine, Raymond H. Fogler Library, Special Collections; University of Maine at Farmington, Mantor Library]

Stadig, Rita B. Rita Stadig Collection, 1900-2009.  (Cataloger Note: A variety of papers and photographs pertaining to the Stadig family and the history of the St. John Valley. The materials cover topics such as the lumber industry, Sweden and the Swedish colony of Aroostook County, World War II and the Fish River; Fort Kent, Wallagrass, and Madawaska are also represented by items in the collection.) [University of Maine at Fort Kent, Blake Library]