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on its value, the contract is not usurious; but and W. by Nevada, and lying between lat.
if the lender retains an option to take either the 37° and 42° N., and long. 1090 and 116° W:
dividends or interest, it is usurious. If a note area, 131,320 sq. m., or 84,044,880 acres. It
be given usuriously in payment of or as securi- was divided in 1860, according to Capt. R. F.
ty for a preëxisting debt, and the note is void Burton (" City of the Saints," 1862), into 19
by the usury laws, the original debt remains counties, viz. : Salt Lake, Utah, Davis, Weber,
unaffected. As there must be usurious intent, Iron, Tooele, San Pete Valley, Juab, Box
if illegal interest is taken by a miscalcula- Elder, * Washington, Millard, Green River, Ce-
tion or other mistake in fact, it is not usury; dar,* Malad,* Cache,* Beaver,* Shambip, *
but it is usury if the mistake be one of law, be- Salt Lake Islands,* and St. Mary's.* The large-t
cause every person is held to know the law. town is Salt Lake City, Fillmore, the capital,
If the lender takes upon himself an extra being only a hamlet; and the other county
risk (apart from that of the borrower's insol- towns are Provo, Farmington, Ogden, Paroran,
vency), he may charge extra interest. Bot. Tooele, San Pete, Salt Creek, Box Elder, Fort
tomry and respondentia contracts are founded Harmony, Fort Supply, Cedar City, Fort Malad,
on this principle, because if the ship or goods Cache Valley, Beaver Creek, and Deep Creek.
are lost, the debt is not demandable. The same The population of the territory by the U. S.
principle is applied to the purchase of an annu- census of 1850 was ascertained to be 11,380,
ity, and even to the bargain of the borrower of whom 26 were slaves. In 1856 a census
that if he does not repay the principal when taken by the Mormon anthorities returned 37,-
due with legal interest, he will pay a certain 277 males and 39,058 females, a total of 76,335.
penalty, because he has the power of avoiding The non-Mormon inhabitants, however, main-
this penalty by payment of interest. If a bor- tained that these numbers were purposely ex-
rower on repaying the money make the lender aggerated, and the U. S. commissioners in the
a gift, it is usurious if the gift be in perform- following year reported that the population did
ance of a previous promise, but not otherwise. not exceed 50,000. The U. S. census of 1860
Discount of interest, whereby the lender gets returned 40,295, of whom 29 were slaves. A
interest on his interest, or interest on money majority of the people are foreigners, chiefly
which he never lends, and calculations of in- from Great Britain. The surface of Utah is an
terest by Rowlett's tables, which consider the immense basin elevated 4,000 to 5,000 feet
year as consisting of only 360 days (but qualify above the sea, surrounded on all sides by moun-
the error by casting the fractions on the right tains 8,000 to 10,000 feet high, and subdivided
side), are now established usages, and would by transverse ridges. The rim of the basin is
not make the contract usurious, especially if formed on the N. by the mountains of Oregon,
the contract were of a kind usually subjected to on the E. and S. by sub-ranges of the Rocky
this usage, as are bank discounts. Compound mountains, and on the W. by the Sierra Nevada.
interest is said, in a recent case (23 Pick. 167), At some remote period this great basin was
to “savor of usury;" but it may be regarded evidently an inland sea. The bench forma-
not so much usury as an agreement to pay a tion, a system of water marks, is found in every
penalty for not paying interest. In the present valley, while detached and parallel blocks of
state of the authorities, it may be said that mountain, trending almost invariably N. and S.,
wherever usury is forbidden, a bargain for were in geological ages rock islands rising above
compound interest would not be enforced. the water. Between these primitive and meta-
But it is common for courts to order a settle- morphic ridges lie the secondary basins, whose
ment of accounts with annual rests, which is average width may be 15 or 20 miles. They
equivalent to compound interest. This is open into one another by cañons and passes
especially done where trustees have used the and are often separated longitudinally by small-
money of their cestuy que trust. The prevail- er divisions running E. and W., thus converting
ing rule for the settlement of accounts on one extended strip of secondary into a system
which payments have been made (originating of tertiary valleys. Two great mountain chains
in a decision in Massachusetts) is this: com- run transversely across the basin from S. E. to
pute the interest on the principal to the first S. W. The northernmost is the Humboldt
time a payment was made, which payment ex- river range, 6,600 feet high; the southern is
ceeds, alone or with previous payments, the the prolongation of the Wahsatch range, which
interest then due; add that interest to the has an elevation of nearly 12,000 feet. The
principal; from the sum subtract the payment watershed of the basin is toward the N..
and preceding payments; the remainder forins S., E., and W., chiefly through the affluents
a new principal, upon which proceed as before, of the Columbia and the Colorado. Lakes
up to the time of settlement or the rendering are numerous, two nearly parallel chains of
of judgment.

them extending across the country from N. to
UTAH (from the Indian tribe of the same S. The eastern chain begins at the north with
name, commonly spelled Yuta, which signifies the Great Salt lake (see Great Salt Lake),
"those who dwell in mountains"), a territory the small lakes of the Wahsatch, the Utah, the
of the United States of America, bounded N.
by Washington territory, N. E. by Nebraska, turns for 1860; while three returned by the census

, Car

* These counties are not contained in the U. S. census teo E. by Colorado, S. by Arizona (New Mexico), son, Deseret, and Summit, are not named by Burton.

Nicollet, and the Little Salt lake. All these and river bottoms produce willows, scrub maare fed by the streams that flow from the west- ple, box elder, aspen, birch, cottonwood, and ern counterslope of the Wahsatch_mountains. in the southern part of the territory spruce and The other chain consists of Mud, Pyramid (so dwarf ash. There is an inconvenient deficiency called from a pyramidal rock rising from its of hard wood and of wood fit for building, waters), Carson, Monó, and Walker's lakes, though extensive plantations have been made which receive the waters flowing from the east- which promise a sufficient supply in the future. ern slope of the Sierra Nevada. There are Among the peculiar natural products is a fine many thermal springs in the territory, some of bunch grass, which lives and grows through which discharge strong brine, some are sulphur- the winter and furnishes food for cattle at all ous, and others chalybeate.—The rocks of Utah seasons. The wild fruits are the service berry, are mostly primitive-granite, jasper, syenite, chokeberry, buffalo berry, gooseberry, strawhornblende, and porphyry, with various quartz- berry, and black, white, red, and yellow mounes. Volcanic action is indicated by the presence tain currant.-The great elevation of Utah of obsidian, scoriæ, and lava. Many of the ridges above the sea and the immense masses of snoware of carboniferous limestone mingled with covered mountains that surround it exercise a calcareous spar, and resting upon or alternating material effect upon the climate. The air is with hard and compact grits and sandstone, and highly rarified, so that new comers suffer from in many places rich with encrinites and fossil difficulty of breathing, and after violent exercorallines. In the cañons near Salt Lake City cise experience nausea and fainting. The are found bowlders of serpentine ; fine gray weather is changeable, and during much of the granite ; coarse red, ochrish, poikilitic, crys- year is very bleak. In 1860 the highest range talline white, and metamorphic sandstones; & of the thermometer was 96° in July, and the variety of conglomerates, especially granitic, lowest 22° below zero in December. Spring with tufa in large masses; talcose and striated opens in the valleys with great suddenness, and . slates, gypsum, pebbles of alabaster, and va- the summer is hot, though the mornings and rious kinds of limestone. Marble of every hue evenings are usually cooled by breezes from the and texture is found in large masses. Iron of mountains. Thunder storms and dust storms excellent quality is abundant, and gold, silver, are frequent and violent. The winter is severe, copper, lead, and zinc have been found. Bitu- with high winds and deep snows, which lie minous coal exists in inexhaustible quantities, in the cañons throughout the year.–The Inas also sulphur and saleratus; and alum, borax, dians of Utah are chiefly of the Shoshonee or and petroleum have been discovered. Among Snake nation, and of the Yuta or Ute race, as the precious stones that have been found are they are commonly called by the whites. The rubies, emeralds, chalcedony, sardonyx, carne- Shoshonees comprise 14 tribes, averaging nearly lian, and agates.-Among the native animals 1,000 souls each. The Yuta are divided into are the antelope, deer, elk, bighorn or Rocky 27 bands, and are estimated to number 15,000 mountain sheep, the cougar, the catamount, the souls. Many of their bands however roam belarge and small wolf, the red, great-tailed, and yond the bounds of Utah, and the whole nasilver fox, minks, ermines, skunks, badgers, tion is thought to be diminishing. Of late years wolverenes, beavers, hares, the jackass rabbit, they have been hostile to the whites, and have porcupines, gophers, woodchucks, squirrels, and lost many of their fighting men in encounters the hyrax, or as the Mormons call it the cony with the emigrants crossing the plains to CaliThe principal birds of prey are the red-tailed fornia, and with the U. S. regular forces. Of hawk, the sharp-shinned hawk, the sparrow the white inhabitants of Utah, nearly all are hawk, and the vulturine turkey buzzard. There Mormons or “Latter Day Saints,” the majority are several varieties of quail and grouse ; and of whom are of European birth, chiefly Engamong the water fowl are swans, wild geese, lish. The character of these people, among the white pelican, the cormorant, the mallard whom polygamy is extensively practised, has or green-head, the red-breasted and green- been very differently represented by different winged teal, the brant, the plover and curlew, observers. By most of the travellers who have the gull

, a blue heron, and a brown crane. written concerning them they have been deThere are also the blue bird, the humming bird, scribed as intolerant, ignorant, immoral, and finches, woodpeckers, the swamp blackbird, coarse, with little regard for the rights of the snow. bird, and a species of lark which is the “Gentile” or non-Mormon part of their considered a delicacy for the table. Among neighbors. On the other hand, Capt. Burton, the reptiles are a gray and green lizard and the the English traveller, who spent 24 days among phrynosoma or horned frog, of which there are them in 1860, and is an apologist for polygamy, many species. The serpents are chiefly rattle- says that “in point of mere morality the Morsnakes, swamp adders, and water snakes. The mon community is perhaps purer than any othfishes are perch, pike, bass, chub, trout, and er of equal numbers," and ascribes to them tolsalmon trout, the last of which sometimes erance, kindness, sobriety, industry, and many reaches the weight of 30 lbs.—The vegetation other good qualities. The influence of the of Utah is not luxuriant. Timber is scarce ex- priesthood is very strongly felt in all civil and cept on the mountains, where there are exten- social matters among the Mormons, and is exsivo forests of pine and fir. The lower cañons ercised through a complicated and imposing or

ganization of presidents, bishops, elders, quo- tutions of a higher order, of which the most rums, and councils. A regular system of tithing fourishing is an academy founded in April, has been instituted, by which one tenth of the 1860, in which science and art are to be taught grain, beef, pork, butter, and other products of gratis to all who pledge themselves to learn labor is given by the people to the church. thoroughly, and to benefit the territory by their There is à tithing office at Salt Lake City, in exertions. There are two weekly newspapers which the goods thus contributed are received in the territory, of which the “ Deseret ewa," and stored, and in which accounts are kept with established in 1850, is the recognizeden of every member of the church. The amount of the church. The other is a secula aper callthe produce of each is carefully ascertained, and ed “The Mountaineer.”—Utah is organized like he is charged with one tenth of every thing, the other territories of the United States, with including his labor, and credited with what he a governor, secretary, marshal, and judges appays. Branch offices are kept at the prin- pointed by the president, and a legislative ascipal villages and settlements, from which re- sembly elected by the people. Legislative acports are made.—The soil of Utah is in gen- tion is not dissimilar from that of other terrieral hard, dry, and barren. Not more than tories, except that'no punishment is affixed to one fiftieth part is fit for tillage, though in bigamy. There was no national law against some places extraordinarily large crops have this offence until 1862, when congress passed been raised. It is said indeed that land near an act “to punish and prevent the practice Lake Utah has yielded from 60 to 100 bushels of polygamy in the territories of the Coited per acre. The principal crops are wheat, buck- States and other places, and disapproving and wheat, oats, barley, Indian corn, all the fruits annulling certain acts of the legislative assemand vegetables of the temperate zone, and fax, bly of the territory of Utah."-For the history hemp, and linseed in abundance. The warmest of Utah, see Mormons. The inhabitants of the and most fertile lands are on the benches above territory have recently adopted a constitution the lower valleys. The alkaline nature of the and government under the title of the state of soil is injurious to vegetation, though potatoes, Deseret, and their senators and representatives squashes, and melons are made sweeter by a in June, 1862, unsuccessfully applied to consmall admixture of it. A species of cricket, and gross for admission. a grasshopper about the size of a common lo- UTAH, an E. co. of Utah territory, bordercust, are also very troublesome to the farmer. ing on Colorado territory, and drained by The difficulties which beset agriculture do not White, Green, and Uinta rivers; area, about extend to grazing, for which the country is ad- 4,000 sq. m.; pop. in 1850, 2,026. Utah lake, mirably adapted. The valleys supply plentiful 40 m. long and from 5 to 12 m. wide, lies in pasturage in the winter, and as spring advances, the W. part, which is also traversed by the and the snow disappears on the hills, the flocks Wahsatch mountains. Most of the surface is and herds find ample forage on the bunch grass, hilly. The soil in the valleys is productire, which bears its seed in summer. In the basin and in the hilly parts sterile. Capital, Provo. of Green river is a fine wool-producing region UTICA, a city and one of the capitals of nearly as large as Massachusetts, and the best Oneida co., N. Y., situated on the Mohawk breeds of sheep have already been introduced river, and at the junction of the New York into the territory. In 1860 the valley of the central and Utica and Black River railroads, Great Salt lake produced 306,000 bushels of and of the Erie and Clienango canals, 95 m. grain, chiefly wheat, which thrives better than W. N. W. from Albany, and 56 m. E. from Symaize, the summers being scarcely long enough racuse; pop. in 1860, 22,528. The city lies for the latter grain.—The manufactures com- on the S. side of the Mohawk, and is regularly prise farming implements, agricultural and oth- laid out; it rises gradually from the river to er machines, steam engines, leather, woollen the height of 150 feet at the head of Genesee and cotton goods, dye stuffs, furniture, cutlery, street. This street has the principal shops and hardware, jewelry, and brushes. These works many elegant private residences. The city hall are carried on for the most part by skilful Eng- on this street, erected about 1852, is of Millish artisans. There are some distilleries and 8 waukee brick, and contains

beside the city ofor 10 breweries, in which beer is made from fices a court room for the U. S. district court, wild hops. The great distance of Utah, both and a commodious public hall. The city is on the east and the west, from the settled parts lighted by gas, is well supplied with water, of the country, and the difficulties of transpor- and has a very efficient fire department. It tation over the mountains, render almost every has 6 large and several smaller hotels; 4 banks, article of commerce not produced in the terri- with an aggregate capital of $1,310,200, and 2 tory itself exorbitantly dear. Groceries and savings banks; a cotton mill, employing 350 clothing are particularly high-priced. Sugar is hands, consuming 3,000 bales of cotton, and proworth from 371 to 40 cents per pound, coffee ducing 3,400,000 yards of cotton cloth annually; 50 cents, and tobacco $1.-Education is superin- 2 woollen factories, employing 430 hands, and tended by a chancellor and board of regents of consuming nearly 900,000 lbs. of wool annually; the “university of the state of Deseret.” Com- a millstone and plaster mill, producing about mon schools are established in each ward of $60,000 worth annually; and numerous manaSalt Lake City. There are also various insti- factories of starch, flour, ale, clothing, organs,

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pianos, castings, machinery, carriages, boats, ited; its aqueduct, bringing water from hills stone wares, fire brick, carpets, oil cloths, &c. several miles distant, and carrying it by triple There are 24 churches, viz. : 4 Baptist, 3 Meth- arches over the ravines; its numerous vast reodist Episcopal, 3 Protestant Episcopal, 3 Ro- servoirs, or cisterns, some of which still reman Catholic, 2 Presbyterian, and 1 each maining are 136 feet long, 19 wide, and 20 or Evangelical, Evangelical Lutheran, Calvinistic 30 deep, all indicate its magnificence in the peMethrdist, Reformed Dutch, German Metho- riod of its greatness. Cato the younger, surdis' Insleyan Methodist, Old School Baptist, named Uticensis, committed suicide here in 46 and On Fersalist, and a Jewish synagogue. B. C. Augustus made it a free city. Hadrian There are 11 newspapers and periodicals pub- persuaded the inhabitants to become a Roman lished in the city, of which 3 are daily and colony. Septimius Severus bestowed upon it weekly, 4 weekly, 3 monthly, and 1 quarterly. the jus Italicum. It was the see of a Christian Two of the newspapers are Welsh and one Ger- bishop at an early date. It fell into the hands man. The public schools are graded, and in of the Vandals in 439, but was recovered by the 1861 employed 7 male and 38 female teachers, Byzantine emperors, who retained it till the and were attended by 3,108 pupils. The total reign of the caliph Abd-el-Malek, when it was expenditure was $22,745. The number of vol- conquered by the Arabians, and was destroyed umes in the district school libraries was 3,018. about the close of the 7th century. There were beside these 10 private schools, the UTOPIA (Gr. ov, not, and tonos, a place), Utica female academy, a flourishing institution the title of a political romance by Sir Thomas founded in 1837, and the academy of the As- More, and the name that he gave to an imagisumption, under the care of the brothers of nary island, which he represents to have been the Christian schools. Utica is the seat of the discovered by a companion of Amerigo Vespucstate lunatic asylum, one of the largest insane ci, and in which existed a perfect society. He hospitals in the United Sates, which on Nov. pictured a community where all the property 30, 1861, had 382 patients. The asylum occu- belonged to the government, to which every pies a farm of 130 acres, and the cost of the one contributed by his labor, receiving therebuildings has been upward of $500,000. There from a supply of his wants; where the citizen are also a Catholic and a Protestant orphan rose through all the gradations of his existence asylum; the former, under the care of the sis- from form to form, as if in a vast public school; ters of charity, maintains from 50 to 90 or- where gold was contemned, and all the memphans, and the latter, incorporated and en- bers of the society, unswerved by passion, were dowed, from 75 to 100.—The site of the city fixed each in his proper place. The "Utopia" was included in the colonial grant styled Cos- of More was published in Latin in 1516, and by's manor, made in 1734; but there was no was translated into English by Bishop Burnet. settlement till after the revolution. In 1787 The name is applied to all narratives of an there were 3 log huts in the place. Fort imaginary perfect society, as the republic of Schuyler had been erected between the present Plato, the solar city of Campanella, the “OceMain and Mohawk streets, below Second street, ana” of Harrington, the ing isles of Morelli, in 1758, and occupied as a military post, and á and the happy nation of Felicians of Mercier blockhouse was built before the close of the de la Rivière; and also to socialist speculations revolutionary war on the site of the present like those of Babeuf, Saint Simon, and Fourier. railroad depot. In 1813 it had 1,700 inhabit- UTRECHT, a province of Holland, bounded ants, and it grew very slowly till after the N. by North Holland and the Zuyder Zee, E., completion of the Erie canal.

S., and W. by Gelderland and South Holland; UTICA, an ancient city of Africa, situated area, 534 sq. m.; pop. in 1860, 161,164. The on the W. arm of the river Bagradas, near the chief towns are Utrecht, the capital, Amersbay of Carthage, a little N. W. of the present foort, Rhenen, Wyk, Montfoort, and Ysselstein. city of Tunis; its site is now occupied by the The surface is level in the N. and W., and little village of Duar. It was founded by the varied in the S. E. by some low hills. It is Tyrians, 287 years before the foundation of well watered by the Rhine, and its branches Carthage. In the early wars between Rome the Vecht and Amstel. The air is not so damp and Carthage it appears as an ally of the lat- as in other parts of Holland, and the climate is ter. In the 3d Punic war it made a separate generally healthy. In the more elevated parts and early submission to Rome, and its prosperi- of the province the soil is sandy, and is covered ty was thereby greatly increased, as on the fall by extensive heaths and tracts of peat moors; of Carthage a part of its territory was given to but the low ground is remarkably rich and ferUtica, and that city made the capital of the tile.-Utrecht, the capital, is situated on the colony and the residence of the Roman gover- Old Rhine, at the bifurcation of the Vecht, in nor. In the historical narratives of the strug- lat. 52° 7' N., long. 5° 6' E., 22 m. S. E. from gles between Sylla and Marius, and those be- Amsterdam; pop. in 1859, 53,083. The site is tween Cæsar and Pompey, frequent references comparatively elevated, and the town is travare made to it as a place of great importance. ersed by 2 canals which are crossed by numerIts temples and statues; its amphitheatre, ca- ous stone bridges. It is of oval shape, about 3 pable of seating 20,000 persons, and where on m. in circuit, and was formerly surrounded by an artificial lake mimic sea fights were exhib- walls, but these have been removed and the ground occupied by beautiful walks, outside andre et de Bonaparte (Brunswick, 1815); and of which is the Maliebaan, a promenade and Esquisses politiques et littéraires (Paris, 1848); carriage way planted with several rows of and in German, “ The Poet Nonnus of Panopshade trees, and bordered by fine gardens. olis” (1817); “Studies on the Ante-Homeric The most remarkable building is the ancient Era” (1821); and “Remarks upon Goethe" cathedral, erected in 1382 and now in a di- (1833).—His son ALEXEI published at St. Pelapidated state. It has a detached tower, tersburg in 1852 a volume of travels along the said to be 388 feet in height. There are sev- N. shore of the Black sea. eral other churches, 3 of which belong to the UVULA, the conical fleshy appendage, hangJansenists, who have their chief establishment ing down toward the tongue from the border here. The old town hall contains the room in of the soft palate, on the median line. It is which the first confederation of the Dutch made up of muscular substance, covered by provinces assembled in 1579; and another mucous membrane; from it arise on each side where many of the preliminaries of the peace two folds, called the pillars of the fauces, beof 1713 between the allies and the French tween which, on the back part and sides of were agreed to. The university is a plain build- the throat, are the tonsils. " It varies in size ing, but contains a valuable library of 50,000 and length in different individuals, but is genvolumes, a museum, an anatomical hall, and a erally $ to f of an inch long; it is sometimes laboratory, and has an observatory and botanic so long as to rest upon the tongue. causing garden. It was founded in 1636, has 22 pro- harassing cough from its continued tickling, refessors, and in 1858–9 had 469 students. There quiring the use of astringent gargles or even a are numerous schools. The manufactures in- partial excision; it is occasionally bifid at the tip. clude cotton, linen, silk, woollen cloth, carpets, UWINS, Thomas, an English painter, born plush or “Utrecht velvet,” leather, &c. in London in 1783, died Aug. 25, 1857. In

UVALDE, a new S. W. co. of Texas, bound- early life he was much employed in designing ed W. by the Nueces river, and drained by the for illustrated works, and making water color Rio Frio and its affluents; area, 1,480 sq. m.; copies of paintings for the use of engravers; pop. in 1860, 506, of whom 27 were slaves. but subsequent to 1826, when he visited southAbout two thirds of the county is prairie land. ern Europe for the benefit of his health, he The soil is very productive. Sheep and goats painted a numerous and popular series of picare raised extensively. Capital, Uvalde. tures illustrating the social life of the Italian UVAROFF, Serger

, a Russian statesman peasantry. He also painted English and French and author, born in St. Petersburg about 1793, peasant pieces, and somewhat later illustrations died in 1855. He held various important offices from popular authors and from sacred and prounder government, and became in 1818 presi- fane history. His historical pictures are his dent of the St. Petersburg academy of sciences, leasto successful productions. In 1836 he was and subsequently curator of the university of elected a royal academician; and for several the same city. Ile was created a count in 1836. years he was keeper of her majesty's pictures He wrote in French an Essai d'une académie and of the national gallery. Asiatique (1810); Essai sur les mystères d'Élcu- UZZIAH, or AZARIAH, å king of Judah. See sis (St. Petersburg, 1812); De l'empereur Alex- Hebrews, vol. ix. pp. 34, 35.

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END OF VOLUME FIFTEENTH.

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