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as the theories of liberal government became more and
more firmly fixed in the popular heart, the principle
was applied in this
qui facit per alium facit per se
branch of the royal prerogative as in many others.
During colonial times corporations were frequently cre-
ated, and since the Revolution the validity of their
charters has been universally recognized by the courts.
It has been definitely settled as a point of constitu-
tional law that a corporation, particularly if municipal,
may exist in this country by prescription in the absence
of any actual written charter. In this, too, the usage
of English common law was followed, although the
length of time necessary to establish the right of incor-
poration by prescription is, of course, much shorter in
As
a country of such brief national existence as ours.
a general principle, it may be affirmed that in cases
where a company can prove that it has always been
recognized as a corporation, and by virtue of such rec-
ognition has acquired and enjoyed for many years cor-
porate powers and franchises, the courts will favor the
presumption of a charter, even though no such written
instrument can be produced to substantiate its claim.
The necessity for asserting incorporation by prescription
is, however, comparatively rare.

bestowal of such privileges universally conceded, but | ular sentiment has been steadily setting against all "special legislation" in cases where the application of a general statute can effect the desired result. Thus in Arkansas, Colorado, Dakota, Florida, Illinois, Indiana, Iowa, Kansas, Maryland, Missouri, Nebraska, Nevada, New Jersey, Ohio, Oregon, Pennsylvania, and one or two other States the legislature is, either expressly or constructively, prohibited by the constitution from conferring charters except (in a few cases) for certain municipal corporations. With these trifling exceptions the power not only of conferring, but of altering or amending, charters by special acts is taken away from the legislature and vested in the State Executive or in the courts, or concurrently-usually the last-while in a few of the States not mentioned above the right is exercised concurrently by the Executive and legislature. The advantages of this policy are obvious. It tends to secure uniformity of rule and construction; to prevent the aggregation of inordinate power in the hands of any specially favored corporations; to promptly recognize and provide for the existence of real wants and the redressing of real griev(See Dillon on Munic. Corp., 20.) Besides ances. this, since the power of incorporation still exists mediately in the legislature as the representative of paramount authority, it is able with the greater impartiality to enact general provisions for its special exercise by the courts or the Executive.

After the establishment of the national Government the question of the authority of Congress to pass acts of incorporation became agitated, and many leading The common-law incidents of a corporation in the legal minds of the country took part in the discussion. The Federalist party, always the recognized champions United States, as expressed by its charter, are usually of a strong central government, assumed the affirma- the following: (1) To have perpetual succession; (2) tive side in the argument, headed by the brilliant Ham- to sue and be sued by the corporate name; (3) to have ilton, then Secretary of the Treasury. After the bill a common seal, alterable at pleasure; (4) to render the to incorporate a national bank had passed Congress, interests of the stockholders transferable; (5) to exand was awaiting Washington's approval, he solicited empt private property from liability for corporate Hamilton's opinion, as well as those of Randolph and debts; (6) to make contracts, acquire and transfer Jefferson, Attorney-General and Secretary of State property, possessing the same rights and subject to respectively, on the constitutionality and advisability the same restrictions as private individuals in these of the measure. The views of the two last-named respects; (7) to enact by-laws and make regulations statesmen appeared before those of Hamilton, and for the management of its affairs in accordance with were adverse to the bill. Hamilton's views, embodied law. (See Field on Corp., 18.) The charter also in a document entitled "An Opinion on the Constitu- includes particulars similar to the following: The name has been justly regard- of the corporation and its place of business; the gentionality of a National Bank," ed by eminent legal minds as one of the most powerful eral nature of the business; the amount of capital intellectual efforts ever known in this country. The stock, if any, authorized, and the times and conditions gist of his argument may be gathered from one of its of payment for the same; the time of commencement opening sentences: "The clause [of the Constitution] and termination of the corporation; by what officers which declares that the Constitution, and the laws of its affairs are to be conducted, and when they are to No private corporation can the United States made in pursuance of it, and all be elected; and the highest amount of indebtedness it treaties made under their authority, shall be the su- may at any time contract. preme law of the land, is decisive to prove that its be compelled to accept a charter, since it is in the naTo erect cor- ture of a contract between the corporation and the powers as to its objects are sovereign. porations is an incident of sovereign power, and conse- State, but a corporation accepting a charter is bound quently belongs to the United States in relation to the by its conditions both in law and fact, nor can such objects entrusted to their management" (Life of Ham- acceptance be partial or conditional without vitiating ilton, vol. iv. p. 249). This right of incorporation, the the corporate privileges. No subsequent general act friends of the bill claimed, was constructively, though of the legislature can annul or impair a charter granted not expressly, conferred by the clause permitting under one previously in force; otherwise there would ensue a violation of the important constitutional pronational legislation on commerce and revenue. vision that "no law passed by any State shall operate ex post facto or impair the obligation of contracts." Any corporation, however, may, by voluntary choice, accept the provisions of the new act or constitution and apply for an amended charter thereunder.

The views of the Federalist party were subsequently sustained by the decision of the U. S. Supreme Court in the important case of McCulloch vs. Maryland, 4 Wheat. 424, and as a result of the same doctrine the power of conferring charters within their respective jurisdictions is recognized as belonging to the Territorial governments, inasmuch as they are created by Federal enactment and receive their authority from that

source.

In the States, by a sort of undisputed usage, the legislatures have been accustomed, from Revolutionary times to the present, by special act to exercise the right of granting such corporate privileges as are not inconsistent with State or national law. Their authority has been so clear and so frequently exercised that no attempt has ever been made to call it in question, or, on the other hand, to offer any argument in its defence. Within the last quarter of a century, however, owing to a considerable abuse of this power, the tide of pop

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The simultaneous existence of two or more co-ordidinate laws of incorporation in a few of the States gives rise to some curious results. Thus in Pennsylvania the general Incorporation Act of 1874, with the supplement of 1876, though expressly repealing several similar acts previously in force, left an important one, that of 1849, unrepealed. In applying for a charter in this State, therefore, it is customary to specify under what act the application is made, though without such specification the application would be held under the general law.

The distinction between public and private corpora"Private corporations, as affecting the nature and permanence of their charters, must be carefully noted.

tions are not, in contemplation of the law, publie simply because it may have been supposed that their establishment would promote either directly or consequentially the public interest. The assent of the private corporation is required to make the charter operative, and when assented to the legislative act is irrevocable, and it cannot, by any subsequent act of legislation, be withdrawn without the consent of the corporation, unless the right to do so was expressly reserved at the time."

Public or municipal charters, on the other hand, are valid by simple act of incorporation, without formal acceptance by the municipality, and, not being in the nature of a contract, may, in nearly all the States, be revoked at will by the legislature. Such a revocation, however, must not affect existing private rights nor impair existing obligations formed under the charter; but as the public corporation is more directly, and sometimes involuntarily, the creation of the State, so the authority of the State to remodel, amend, or entirely abrogate its charter is exercised with much greater freedom than in the case of a private corporation.

A charter may expire and the corporation which it represents may terminate in one of three ways: (1) By limitation; (2) by a voluntary disbanding of the corporation; (3) by legislative or judicial repeal. The first two of these are so easily understood as to need only a passing notice, but the third deserves attention. As we have observed, the charter of a private corporation is in the nature of a contract between it and the State. Under its provisions vast accumulations of property are sometimes made and colossal interests aggregated, the influence of whose ramifications is felt far beyond the scope of its immediate control. It was foreseen that if the State was absolutely powerless to place any check upon this undue exercise of privilegeconferred, too, as it might have been, through hasty or corrupt legislation the public welfare, always paramount to that of an individual or body of individuals, might be seriously jeopardized. To avoid this, the constitutions of various States prohibit the creation of corporations unless subject to legislative control as to repeal or amendment; sometimes, also, the general law will have a clause to the same effect, and it has been held in R. R. Co. vs. Tharp, 5 Harr. (Del.), 454, that the presence of such a provision in the constitution renders one of similar import in any particular charter unnecessary. Such constitutional or statutory provision exists in Alabama, Arkansas, California, Iowa, Pennsylvania, New York, New Hampshire, New Jersey, and most of the larger States, coupled, however, with the restriction that no repealing enactment shall result in the injury of the incorporators, who in such case have their remedy in equity. Where the charter itself contains this clause of reservation, the rights conferred are mere privileges, subject to withdrawal or modification by the conferring authority. Corporations exceeding their powers render themselves liable to such legislative or legal action ipso facto, or they may be restrained, pro tanto, by injunction in equity. The law of charters has given rise to an immense amount of litigation, while the field it affords for legal research is very wide, involving as it does so many collateral branches of State and national jurisprudence. (See in general on this subject Angell and Ames on Corporations; Field on Corporations; Dillon on Municipal Corporations; Brice on Ultra Vires; and the article CORPORATION.) (E. F. S.)

CHARTER PARTY. The term charta partita is See Vol. V. derived from the ancient habit of dividing P. 375 Am. the instrument and giving one-half to each ed. (p. 433 Edin. ed.) party. Charter parties are of two kinds. The first and common form is a letting of certain space in the vessel to the charterer for the carriage of goods, which amounts to little more than a contract to carry, the owners being responsible as common carriers; the second is a demise of the ves

sel to the charterer, so that he becomes owner pro hac vice, manning, victualling, and possessing her, during which time the real owners are relieved from all personal responsibility for the torts and contracts of the master. The former are capable of further classification, according as they are to a direct port or to a port of call for orders; e. g., a vessel to proceed to Sandy Hook or Delaware Breakwater or Hampton Roads for orders to load at New York, Philadelphia, or Baltimore, or to proceed to Cork, Plymouth, or Falmouth for orders to discharge at any safe port in the United Kingdom or on the Continent between certain limits, as Havre and Hamburg.

The carrying trade between the United States and Europe is now done mostly in foreign bottoms, which come here in ballast and return with grain or oil. Merchants here are obliged to engage this tonnage in advance by chartering vessels on the other side "to arrive." The provisions in the charter concerning the capacity, rating, and forwardness of the vessel are accordingly very important, and the question frequently arises whether they are warranties or conditions precedent for the breach of which the charter may be thrown up, or whether they are mere descriptions and stipulations, the breach of which is to be compensated for in damages. This is a question of intention to be derived from a consideration of the whole instrument, but it may be said generally that no provision will be considered by the courts a condition precedent which is not expressed in language that is certain and does not require construction. undertaking to sail on or before a given day would be held a condition precedent, while to sail with all convenient speed" or without delay would not. It is often provided that if the vessel do not arrive on or before a given day, called the cancellation date, the charterer shall have the option of throwing up the charter.

An

The reciprocal lien between the vessel and the goods is derived from an old rule of the maritime law stated by Cleirac: "Le batel est obligé à la marchandise et la marchandise au batel." Originally, the undertakings secured by the lien were the right delivery of the cargo by the master and the payment of freight by the charterer; but it is gradually extending in the United States to cover every stipulation in the charter party. In other words, the charterer may hold the ship for the right fulfilment of all the master's covenants, and the master may hold the cargo for the charterer's. But no lien exists in favor of either unless the cargo has actually been loaded. (H. G. W.)

CHASE, PHILANDER (1775-1852), an American bishop of the Episcopal Church, was born at Cornish, N. H., Dec. 14, 1775. He graduated at Dartmouth College in 1796, and, having about this time become an Episcopalian, began to study theology. He was ordained deacon May 10, 1798, and priest Nov. 10, 1799. After spending some years in missionary labors in Western New York, he went to New Orleans in 1805 and organized an Episcopal church there. In 1811 he became rector of Christ church, Hartford, Conn., but in 1817 he removed to Ohio and again engaged in missionary labors. He was consecrated bishop of Ohio Feb. 11, 1819, and devoted his energies to building up the Church in the North-west. In 1823 he went to England, where he obtained large contributions, with which on his return he founded Kenyon College and Gambier Theological Seminary. A few years later he became involved in disputes with his clergy with regard to the application of the contributions, and relinquished his jurisdiction in September, 1831. For this he was censured in the General Convention of the following year. He continued his missionary work in the West, and March 8, 1835, he was made bishop of Illinois. On a second visit to England he collected funds for educational purposes, and on his return, in 1838, founded Jubilee College, at Robin's Nest, Ill. Here he resided until his death, Sept. 20, 1852. He was large and stout, and, though not highly learned, possessed great natural ability. His perseverance and energy, as well

as his shrewdness and knowledge of human nature, en-munity of that city was then strongly pro-slavery, the abled him to do a great work in establishing the Episcopal Church in the Mississippi Valley. He published A Plea for the West (1826), The Star in the West; or, Kenyon College (1828), and Defence of Kenyon College (1831). In 1848 he issued also two volumes of Rem

iniscences.

young lawyer did not hesitate to avow his opposition to the extension of slavery, and to take a personal and professional interest in the defence of fugitive slaves and the protection of abolitionists. When a mob sacked the office of The Philanthropist and attempted to seize its editor, James G. Birney, Mr. Chase stood at the door of Birney's hotel and detained the mob until the abolitionist had escaped. Mr. Chase in his defence of fugitive slaves, both in the State courts and afterward in the supreme court of the United States, took the ground that the article in the Constitution regarding the return of fugitive slaves did not impose on magistrates in free States the duty of catching and returning them. He also enunciated the doctrine that slavery was local and sectional, but freedom truly national, and that any slave brought within the territory of a free State became by right free.

CHASE, PLINY EARLE, professor of philosophy in Haverford College and secretary of the American Philosophical Society, was born in Worcester, Mass., Aug. 18, 1820. He graduated at Harvard University in 1839, A. M. Harvard, 1844, LL.D. Haverford, 1876. After publishing a series of Arithmetical Works, Sanscrit and English Analogues, Intellectual Symbolism, and various philological papers, he began in 1863 a series of investigations upon the laws and influences of elasticity, with especial reference to photo-dynamics. Starting from the hypothesis that all physical phenomena are due to an omnipresent power, acting in ways which may In 1842 occurred a case which attained national imbe represented by harmonic undulations in an elastic me portance. A Kentucky farmer named Van Zandt libdium, he found that barometric fluctuations, electric and erated his slaves, removed to Ohio, settled on a farm tidal currents, the distribution of atmospheric and ocean near Cincinnati, and was ever on the alert to aid fugitemperatures, the polarizing influences of thermal con- tive slaves in their escape. He was the original of Van vection and radiation, terrestrial magnetism, solar rota- Tromp in Uncle Tom's Cabin. One day, while carrytion, planetary revolution, cosmical and molecular aggre- ing a wagon-load of fugitive slaves, he was stopped by gation and dissociation, planetary and stellar masses and a party from Kentucky, who forcibly took the slaves positions, spectral lines, chemical affinity, nebular sub- from him and conveyed them across the river. Van sidence, and the mechanical equivalent of heat, all give Zandt was indicted under the fugitive-slave law of 1793, evidence of rhythmic oscillations which are propagated and tried before the United States circuit court of Ohio, with the velocity of light. Some of the results of his charged with "concealing and harboring." Mr. Chase meteorological researches were embodied in the system acted as his counsel; but the circuit court decided against of weather-forecasts which was adopted by the United Van Zandt, and the case was carried to the supreme States Signal Service Bureau, and he made predictions court, where Mr. Chase maintained that it was the of nodal planetary influence which were subsequently "clear understanding of the framers of the Constituverified by the observations of European and American tion, and the people who adopted it, that slavery was to astronomers. He demonstrated the mechanical control be left entirely to the disposal of the several States, of electrical currents twelve years before the telephone without sanction or support from the national governwas invented, and published the ratio of vis viva between ment, and that the clause in the Constitution relative wave-propagation and oscillating particles five years be- to persons held to service was one of compact between fore it was announced by Maxwell. On Dec. 16, 1864, the States and conferred no power of legislation on he received the Magellanic gold medal of the American Congress. The supreme court, however, decided in Philosophical Society for discovering numerical rela- favor of the constitutionality of the act of 1793. Mr. tions between gravity and magnetism. In 1881 he Chase then carried the agitation of the slavery question showed that the law of phyllotaxy, or tendency to divis- into the field of politics. ion in extreme and mean ratio, which Peirce and Hill had found in planets as well as in plants, also prevails in the atomic weights of chemical elements. His physical papers were originally published in the Proceedings of the American Philosophical Society, the Royal Society, and the French Academy, and in American and European scientific journals.

See Vol. V.

CHASE, SALMON PORTLAND (1808-1873), an American statesman, chief-justice of the supreme P. 43 Am. court of the United States, was born in Cored. (p. 435 nish, N. H., Jan. 13, 1808. He was sixth Edin. ed.). in descent from Aquila Chase, who settled in the town of Newberry, Mass., in 1640. When he was eight years old, the family removed to Keene, N. H., and he was placed at a boarding school at Windsor, Vt. The next year his father died suddenly, leaving the family in straitened circumstances; but his uncle, Bishop Philander Chase, sent for the boy to come to the West. While at the bishop's residence at Worthington, near Columbus, his time was divided between study and work on a farm. In 1822, Bishop Chase was elected president of Cincinnati College, and Salmon entered that institution, but afterward entered the junior class in Dartmouth College, and graduated in 1826. He then went to Washington, hoping to get employment in the public service, but, being disappointed, opened a select classical school.' He admitted to the bar in 1829, and removed to Cincinnati, where he commenced practice in March, 1830. During his leisure he prepared an edition of the statutes of Ohio, with annotations and an historical introduction. This work brought him into notice, and in 1834 he was appointed solicitor of the Bank of the United States at Cincinnati. Although the business com

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In the struggle which culminated in the overthrow of that institution, Mr. Chase was most efficient in making the opposition to slavery a power in national politics. He showed the necessity of changing what had been a philanthropic sentiment into the keynote of a political organization. In December, 1841, he was a prominent member of a State anti-slavery convention which assembled at Columbus and drafted the address which it issued to the people. In 1843 he was active in the first National Liberty Convention, at Buffalo, N. Y. He originated and organized the Southern and Western Liberty Convention which was held at Cincinnati in June, 1845, with two thousand delegates, to protest against the usurpations of the slave-power. In connection with it, he prepared an address giving a history of the progress of slavery and urging the necessity of a political organization to resist its further encroachments. At the second National Liberty Convention (1847) he had opposed the making of a national nomination; but when his hopes of action by the two great parties were disappointed, he called a free-territory State convention at Columbus (1848), which led to the National Convention at Buffalo in the same year. The latter, over which Mr. Chase presided, nominated Martin Van Buren for President and Charles Francis Adams for Vice-President of the United States.

He

On the 22d of February, 1849, Mr. Chase was elected United States Senator from Ohio. advocated the construction of a railroad to the Pacific, a system of cheap postage, and a reform in the public expenditures, and took, of course, a prominent part in the debates on the Fugitive-Slave law of 1850, the Nebraska bill, and other questions relating to slavery. Upon the expiration of his senatorial term, in 1855, he

of

was elected governor of Ohio; and when the Republi- | departure in politics, and the "Chase movement can party held its first National Convention, in 1856, 1868 was a failure. When the nominating convention he was the choice of many of the delegates for the met in 1872, the chief-justice was physically incomPresidential nomination, but at his own request his petent, and he failed to obtain the Presidency, to which name was withdrawn. At the close of his first term he had aspired. he was renominated for governor, and elected by the largest vote ever yet cast for an incumbent of that office in Ohio.

Mr. Chase was a prominent candidate for nomination by the Republican National Convention at Chicago in 1860, but on the third ballot, when Lincoln wanted only four votes to ensure his nomination, Mr. Chase's friends gave these before the result was announced.

In March, 1861, Mr. Chase had just taken his seat for a second term in the United States Senate, when Mr. Lincoln, without consulting him, nominated him for Secretary of the Treasury. He was unwilling to accept a place in the Cabinet, and it was only the earnest solicitations of his political friends that induced him to "surrender a position every way more desirable to take charge of the finances of the country under circumstances most unpropitious and forbidding" '-a position which he afterward declared filled him with crushing responsibility.' When he took office, the finances were in a state of chaos, the current revenues not being sufficient to meet the current expenses even in a time of peace. Mr. Chase had faith, however, in the boundless resources of the nation and the self-sacrificing patriotism of the people of the North. He soon infused this confidence into Congress, and, whatever difficulty there was in the conduct of the war, the finances were managed without disaster or serious embarrassment. When the war assumed gigantic proportions and a million of men had to be maintained in the field, his financial genius enabled him to raise, when necessary, three millions of dollars a day. He was the originator of the legal-tender notes of the United States popularly called "greenbacks." To him, also, is due the credit of devising the excellent system of national banks, which did much to assist the government during the war, and has since been of essential service in developing the resources of the country. (See BANKING.)

Mr. Chase resigned the secretaryship of the treasury June 30, 1864, on account of a difference of opinion with President Lincoln as to the appointment of subordinate officers. But the continuance of the President's high regard for him was shown when, on Dec. 6, 1864, Mr. Chase was nominated to be the chief-justice of the supreme court of the United States. The appointment was confirmed by the Senate unanimously and without any reference. Mr. Chase's previous training had not been in the direction of the august position which he was now called upon to fill. For more than fifteen years he had relinquished the practice of his profession; he had never before held a judicial office; his whole life had been passed amidst the strife of politics. Yet the able, impartial, and patriotic manner in which he discharged his judicial duties was a surprise to his friends, to the profession, and to his country. One of his most important duties as chiefjustice was to preside over the impeachment trial of President Johnson, in 1868. This was the first time in the history of the United States that a President had been impeached, and the trial was watched with the most profound interest, not only in this country, but throughout the civilized world. Chief-Justice Chase presided over the court of impeachment with a dignity and an impartiality that form one of his noblest titles to fame.

When the National Democratic Convention met at New York on the 4th of July, 1868, Chief-Justice Chase was prominently mentioned as a candidate who could "unite the progressive Democrats and the reasonable Republicans upon a platform which should save the rights of the States without perilling any of the results of the war. But it was too early for a new

Mr. Chase first showed serious symptoms of declining health in the early part of 1870. He was a man of commanding presence and splendid physique, but years of constant and tremendous labor finally undermined his great strength. When Secretary of the Treasury, it was his regular habit to spend eight hours each day at the department, rarely leaving his desk unless to attend a Cabinet meeting. He was always an early riser, and when the day was fair he took a walk before breakfast. While he was chief-justice, he was even more closely occupied. In 1870 his judicial duties, both in the supreme and in the circuit court, detained him at Washington to the end of June. With a view of restoring his health, he then took a trip to the North-west, but received no benefit. On Aug. 16, while travelling by railroad in New York, he was suddenly attacked by paralysis. By great care and the best medical treatment he recovered sufficiently to resume his seat on the bench, but nearly three years later had a second stroke of paralysis, and died at New York, May 7, 1873.

CHASE, SAMUEL (1741-1811), an American jurist and statesman, born in Somerset county, Md., April 17, 1741. He was admitted to the bar at Annapolis, Md., in 1761, and his talents and industry, aided by his fine presence and oratorical powers, soon obtained for him a prominent place in his profession. He was a member of the colonial legislature for twenty years, distinguishing himself especially by his opposition to the Stamp Act. In 1774 he was a delegate to the Continental Congress, and in 1776, on behalf of that body, went to Canada, in company with Dr. Franklin and Charles Carroll, to obtain assistance from that province in the struggle with England. Having returned, he secured from the legislature of Maryland authority to vote for the Declaration of Independence, and afterward was one of the signers of that document. At the close of the war he was sent by Maryland to London to recover funds which that State had many years previously deposited in the Bank of England. His negotiations were successful in procuring eventually the return of six hundred and fifty thousand dollars. In 1788, having removed to Baltimore, he was appointed chief-justice of a newly-established criminal court, and in 1791 was promoted to be chiefjustice of Maryland. In the Maryland Convention, in April, 1788, he had made ineffectual opposition to the ratification of the Federal Constitution, yet he afterward became one of the staunchest supporters of that instrument. In 1796, Washington appointed him an associate justice of the United States supreme court, and in this capacity he was called to enforce obedience to the Constitution in cases which have become legal landmarks. In the circuit court held by him in Pennsylvania, John Fries and two others were in April, 1800, convicted of treason for the forcible rescue of prisoners from the United States marshal. (These criminals, however the only Americans who have ever been convicted of treason-were pardoned by President Adams.) Another noted case was that of Callender, a printer, who was convicted at Richmond. Va., of violating the Sedition Act. In both these cases, which were chiefly political, Judge Chase's conduct was so domineering that the lawyers for the defence withdrew from the court.

After Jefferson had succeeded to the Presidency, Congress made great changes in the Federal judiciary, which led Judge Chase to say, in his address to the grand jury at Baltimore, May 2, 1803, that the new laws were rapidly destroying protection to property and to personal liberty. Jefferson at once suggested to the leaders of his party that this harangue was ground for impeachment, and in the next year the House of Rep

resentatives, under the lead of John Randolph, framed | decided that Europe had gained more than it had lost eight articles of impeachment against him, which were by the discovery of America. In 1787 he married Miss presented to the Senate Jan. 2, 1805. Of these articles, Plunket, a young lady of Irish birth. He died at Paris, one related to the Fries trial, five to that of Callender, Oct. 28, 1788. one to Chase's treatment of a Delaware grand jury, and, finally, one to the real occasion of the whole proceeding. The trial lasted from Feb. 9 to March 5, 1805, and resulted in his acquittal on five of the articles, while on the other three a bare majority, instead of the requisite two-thirds, sustained the charge. The highest vote against him (nineteen to fifteen) was on the last article. He was therefore discharged, and resumed his place on the bench, which he retained till his death, June 19, 1811.

CHASE, THOMAS, LL.D., an American educator, was born at Worcester, Mass., June 16, 1827. He graduated at Harvard College in 1848, and in 1850 became an instructor there. In 1853 he visited Europe, travelling extensively in Italy and Greece and studying at the University of Berlin. Returning in 1855, he was made professor of Greek and Latin literature at Haverford College, Pa. In 1875 he became president of this institution, which is conducted by the Society of Friends. He was one of the American Committee of Revision of the English translation of the New Testament. Among his publications are-Hellas, a narrative of his journey in Greece, school editions of Vergil, Horace, Livy, Juvenal, and the First Book of Cicero's Tusculan Disputations, and a Latin Grammar (1882). His text-books have had a wide circulation, and he has also contributed to reviews, encyclopædias, etc.

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CHAT, a name applied to several different birds, even of distinct families: I. In Europe to species of shrikes, family Laniidae, genus Euneoctonus, as the wood chat, E. rufus; II. In Europe and America to any of the birds of the sub-family Saxicoline, genus Saxicola and its subdivisions; one of these, the stone chat or wheat-ear (S. oenanthe), also occurring in North America; III. In the United States to the species of the genus Icteria (I. virens and var. longicauda), now usually classed in a sub-family, Icterinæ, of the family Sylvicolidae, though not without some relationship wit the vireos (Vireonidae). The yellow-breasted chat (I. virens) is the largest of the Sylvicolide, being 7 inches or more in length, the wing and tail about 3, both rounded; the bill stout, high, compressed, with curved culmen, unnotched top, and unbristled rictus; the upper parts uniform olive-green, the under golden-yellow, white from the breast backward; wings and tail colored like the upper parts; under eyelid, superciliary and maxillary lines, white. It inhabits the United States, chiefly E. of the Mississippi and N. to New England, being replaced in the W. by var. longicauda. It is an insectivorous bird, of rather delicate nature, migratory, usually appearing late in April or in May, spending the summer with us, and retiring beyond our limits in September. It is an abundant inhabitant of shrubbery and low tangle of any kind, but is very shy and secretive, and oftener heard than seen, excepting CHASLES, MICHEL (1793-1880), a French mathe- in the pairing season, when it mounts high on wing matician, born at Epernon (Eure-et-Loir), Nov. 15, and performs the most extravagant aërial antics, sing1793. He was educated at the Polytechnic School of ing the while with great volubility. The song is loud Paris, which he quitted in 1814. He acquired a high and almost endlessly varied; it has also a peculiar venreputation as a geometrician, and displayed great eru- triloquial quality, serving to strangely mislead the dition in numerous contributions to the Comptes Rendus hearer as to the whereabouts of the musician. The of the Academy of Science and other scientific jour- nest is built in a bush near the ground: the eggs are als. He discovered new methods, by which he re- four or five in number, white, speckled, and dashed solved, without the aid of algebra, the most difficult with reddish-brown. The Western variety is very simquestions of geometry. In 1841 he was appointedilar, but rather grayish-olive_above, and with a rather professor of geodesy and machinery in the Polytechnic longer tail; its habits are the same. School, and in 1846 he obtained the chair of higher geometry in the Faculty of Sciences, Paris. He became a member of the Institute in 1851. A memorable event in his career was his defence in 1867-69 of the forged documents by which an attempt was made to transfer to Pascal the credit of Sir Isaac Newton's mathematical discoveries. He died Dec. 19, 1880. His principal works are Aperçu historique sur l'origine et le développement des méthodes en géométrie (1875), Sur Attraction des ellipsoides (1835), Traité de Géométrie Supérieure (1852), Traité des sections Coniques (1865), and Rapport sur les progrés de la géométrie (1871). He is regarded as the founder of the new or higher geometry.

CHASTELLUX, FRANÇOIS JEAN, MARQUIS DE (1734-1788), a French general and author, was born at Paris in 1734. He entered the army at an early age, served in Germany as colonel during the Seven Years' War, and in 1780 came to America as major-general in Count Rochambeau's army. He had already gained an honorable position as a writer by his work De la Félicité publique, published in 1772, which was pronounced by Voltaire superior to Montesquieu's De l'Esprit des Lois. In 1786 he printed a few copies of his Voyages dans T Amérique Septentrionale, consisting of his journal while serving in this country, and containing interesting sketches of prominent men and events of the Revolutionary War. An English translation by George Grieve was published soon after in London. In the same year he translated into French the poetical Address to the Armies of the United States of America by Col. David Humphreys, which was well received at the French court. He also published in 1787 Discours sur les Avantages et les Désavantages qui résultant pour l Europe de la Découverte de l'Amérique. In this he

(E. C.)

CHATTANOOGA, a city of Tennessee, and countyseat of Hamilton county, is situated on the south bank of the Tennessee River, 152 miles south of Nashville, and within four miles of the boundary-line of the State of Georgia. It is compactly built at the foot of Lookout Mountain, from whose summit can be seen the site of the contest popularly known as the Battle Above the Clouds,' the mountains of five different States. the beautiful landscape of "Moccasin Bend,' and the battle-fields of Missionary Ridge and Chickamauga, together with the Federal and Confederate cemeteries. In 1870 the population was 6093; in 1880, 13,000; and in 1883 it had reached 20,000, of which 7000 were colored. Six railways terminate in the city the Western and Atlantic, the Nashville and Chattanooga, the East Tennessee, Virginia, and Georgia, the Memphis and Charleston, the Alabama Great Southern, and the Cincinnati Southern. River navigation is open by steamboats to Knoxville on the east and to Decatur on the west for about eight months of the year, and to boats of light draught the entire year. As soon as the Muscle Shoals Canals are completed (which will be in 1885) the city will have water-communication with all points on the Mississippi and Ohio rivers and their tributaries.

The manufacture of articles of iron and wood constitutes the chief industry. There are rolling-mills for the making of iron and steel rails, merchant bar-iron, cotton-ties, bolts, railroad-spikes, and nails. There are also two large blast-furnaces, one of the largest oakbark tanneries in the world, and factories for the manufacture of railway-cars, engines, and boilers, stoves scales, iron and wooden pipes, pumps, furniture, sash and blinds, cotton yarns, mineral paints, ploughs, firebrick, handles, and spokes. There are also saw-mills

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