Imágenes de páginas

furnished at the public expense to and some, perhaps, in the most disevery county before the use of the tinguished public libraries in Europe; press was introduced; and in the same that the rest should be sold to indiplaces and in the hands of ancient viduals toward reimbursing the exmagistrates, or of their families, some penses of the edition. Nor do I think of the fugitive sheets of the laws of that this would be a voluminous work. separate sessions, which have been The MSS. would probably furnish usually distributed since the practice matter for one printed volume in folio, commenced of printing them.

and would comprehend all the laws But recurring to what we actually from 1624 to 1701. possess, the question is, what means My collection of fugitive sheets will be the most effectual for


forms, as we know, two volumes, and ing these remains from future loss? comprehends all the extant laws from All the care I can take of them will 1734 to 1783, and the laws which can not preserve them from the worm, be gleaned up from the revisals to from the natural decay of the paper supply the chasm between 1710 and from accidents of fire, or those of re 1734, with those from 1783 to the moval when it is necessary for any close of the present century (by which public purpose, as in the case of those term the work might be completed), now sent you. Our experience has would not be more than the matter proved to us that a single copy, or a of another volume, etc. few deposited in manuscript in the

THOMAS JEFFERSON. public offices, cannot be relied on for Mr. Jefferson took a very great inany length of time. The ravages of terest in this matter, and afterward, fire and of ferocious enemies have had when he became President, wrote a but too much part in producing the letter to Mr. Hening, who had underloss we now deplore.

taken to edit the collection of the How many of the precious works early laws, dated at Washington, Janof antiquity were lost while they ex uary 14th, 1807, as follows: isted only in manuscript ? Has there “The only object I had in making ever been one lost since the art of my collection of the laws of Virginia printing has rendered it practicable was to save all those for the public to multiply and disperse copies? I which were not then already lost, in think, therefore, that there should be the hope that at some future day they printed, at public expense, an edition might be replenished. Whether this of all the laws ever passed by our leg. be by private or public enterprise, my islatures that can now be found; that end will be equally answered. The a copy should be deposited in every work divides itself into two very dispublic library in America, in the prin- tinct parts, to-wit: the printed and cipal public offices within the State, unprinted laws. The former began

in 1662 (Purvis collection). My col wealth, and has preserved them in lection of these is in strong volumes, enduring form in the shape of “ Henwell bound, and therefore may safelying's Statutes at Large," in which be transported anywhere.

not only the people of the United “Any of these volumes which you States have a great and abiding interdo not possess are at your service for est, but especially the people of the the purpose of republication. But State of Illinois, who at one time the unprinted laws are dispersed were citizens of that State, and occuthrough many manuscript volumes, pied the frontier county of that old several of them so decayed that the dominion under the name and style leaf can never be opened but once without of the County of Illinois. falling into powder.

Hening's Statutes are not alone a “These can never bear removal far

transcript of old musty records and ther than from their shelf to a table. State papers, but they contain many They are, as well as I recollect, from things which serve to throw light 1622 downward. I formerly made upon the events in England which such a digest of their order and the transpired during the reign of James volumes where they are to be found, the First and Charles the First, the that under my own superintendence period of the Commonwealth, Charles they could be copied with once hand the Second, down to the reign of ling; more they would not bear.

not bear. George the Third, and the close of Hence the impracticability of their our own great revolution. being copied out at Monticello. But Hening, in speaking of this matter independent of them, the printed laws in the introduction to his first volume, beginning in 1662, with all our former' says: printed collections, will be a most “ The colony of Virginia having valuable publication, and sufficiently been planted long after the revival of distinct.

letters in Europe, as well as the gen“I shall have no doubt of the exact eral introduction of the use of the ness of your part of the work, but I press, it might have been expected hope you will take measures for hav that everything relating to our early ing the typography and paper worthy history would have been carefully of the work.

preserved. “THOMAS JEFFERSON.” “But it is a melancholy truth that It is creditable to the enlightened though we have existed as a nation statesmen of that period and to the but little more than two hundred great State of Virginia that the Gen years, our public offices are destitute eral Assembly had the good sense to of official documents. rescue from oblivion the records of “It is to the pious care of individuals the early settlement of that common only that posterity will be indebted


for those lasting monuments which the State of Illinois to that commonperpetuate the oppressions of the wealth, and the influence of her laws kings of England and the patient suf upon our own judicial history. ferings of the colonists. When we The administration of justice in compare the extensive grant of terri Virginia was extremely cheap and tory contained in the charters of King simple in its details. James I. to the London Company Commanders of plantations held with the narrow limits to which the monthly courts for the trial of civil colony of Virginia was afterward re actions not exceeding the value of duced; when we review the arbitrary one hundred pounds of tobacco, and conduct of that monarch in suspend for the punishment of petty offenses, ing the powers of that company by reserving the right of appeal to the proclamation, and the equally unjust quarter court held by the governor proceedings of his son, Charles I., in and council, which possessed the sutaking the government into his own preme judicial power under the difhands; and when we contemplate the ferent charters, and had original jurisgradual but progressive encroach diction in all

whatsoever. ments of his successors on the rights Commissioners of monthly courts of the people till resistance became succeeded to commanders of plantaindispensable, we shall cease to won tions, with the like jurisdiction in der that so few evidences of their tur civil cases; which was afterward expitude have been suffered to remain. tended to five pounds sterling. The What was left undone by the prede jurisdiction of the court was further cessors of George III. was consum extended to sixteen hundred pounds mated during his reign.

of tobacco, and they were to be called "All the papers, except a few frag- county instead of monthly courts; and ments deposited in the archives of the that of a single magistrate was final Council of State and other public of as far as twenty shillings sterling. fices within the reach of his myrmi In consequence of the great disdons, were, with more than savage tance of many of the counties from barbarity of the Goths and Vandals, James City, where the quarter courts committed to the flames.”

were held, jurisdiction was finally There is not in the United States given to county courts in all cases of so great a depository of interesting law and equity, and the trial by jury materials for a history of the early secured to those who desired it. The settlement of the seaboard States as decision of the county court was at is to be found in the thirteen volumes first final as for sixteen hundred of Hening's Statutes at Large.

pounds of tobacco, and for all sums We are chiefly concerned, however, above that appeal was allowed to the at this time, in tracing the relation of quarter court, and from thence to the

assembly; which afterward had juris 'In 1656, the act prohibiting attordiction of appeals in all cases of neys was repealed; the governor and whatever amount.

council were authorized to license Besides the general jurisdiction them for the quarter courts, and the of the county and quarter courts, commissioners for the county courts, special provision was made for coun and if any controversy should arise ties and settlements where it was con concerning their fees, it was to be sidered too inconvenient to the people settled by the courts respectively. to attend at the usual place of hold In 1657-8, the law against mercenary ing courts.

attorneys was again revived.

Clerks of county courts were at In the year 1643, the first act was one time appointed by the governor, passed for regulating lawyers, though but afterward by the courts themthey had certainly attended the sev selves. eral courts before that period. By the Commissioners of county courts first law on the subject, no attorney (the same as justices of the peace) was permitted to plead without a li were formerly appointed by the govcense, which

was granted by the ernor, afterward by act of assembly, court in which he practiced; nor could

but at the commencement of the coman attorney have a license from. more monwealth they were appointed by courts than the quarter and

the House of Burgesses; afterward county court.

they were recommended by their Their fees were twenty pounds of court, and commissioned by the govtobacco in the county, and fifty ernor and council, and finally their pounds in the quarter court; and no appointment was confirmed by the attorney could refuse to be retained, assembly. unless employed by the other side. During the same period the counIn 1645, all mercenary attorneys were ty courts recommended three or more expelled from office.

to the governor and council, out of In 1647, that act was amended by which they made a selection for sheradding a clause to it declaring that iffs, who were to continue in office for no attorneys should take any fees; one year only.” and if the court should perceive that We had, until a very recent period, either party by his weakness was county commissioners'

courts in likely to lose his cause, they them the State of Illinois, and the forms, selves should either open the case or writs and processes were the same "appoint some fit man out of the peo here as in Virginia, and many of our ple” to plead the cause, and allow him statutes are based upon those of that a reasonable compensation if no other State. attorneys were admitted.




AMONG the men who have been a but on the 11th of August following power in making the city of Tacoma he again enlisted and was accepted one of the finest in the west, is Hon. as a member of Company A, 8th Thomas Carroll, who, in the days Wisconsin Volunteer Infantry, and when the place was a struggling and passed muster, and was immediately almost hopeless village, turned the sent to St. Louis, Mo., where, on the tide in its favor.

evening of his arrival, his company He was born at Philadelphia, Pa., was sent to Big River Bridge and enJune 30, 1842, but when ten years old gaged in battle with Jeff Thompson's his parents moved to a farm in Wau forces. He was afterward in the paca County, Wisconsin, where the son battles of Fredericktown, Mo., New grew up, helping his father on the farm Madrid, Point Pleasant, Island No. and occasionally attending school in 10, Farmingtown, Corinth, luka, the little log school-house. His mother, Danville, Corinth 2d, Holly Springs, whose maiden name was Elizabeth Jackson, Miss., Raymond, Vicksburg, Stuart, is a decendant of the House Mechanicsburg, Richmond, La., and of Stuart, and possesses in a marked numerous smaller engagements. degree the graces of womanhood. The following incidents of his army Robert, the father was born in

life are given by "Tom's" old comrade Ireland, in 1811, of an ancient Anglo and friend, Major Arthur A. Putnam, Irish family, but early conceived a the present Internal Revenue Collecstrong dislike to the system of govern tor for the Puget Sound District : ment existing in his native land, and After the battle of Richmond he like many another, emigrated to was detailed for special duty as scout, America.

in which capacity he continned to act It was the intention of the parents during the rest of the war, and in to send the son to Philadelphia to which service he met many perilous prepare for College in the fall of

adventures, but always came out all 1860, but in the meantime the war right, ofttimes by aid of his ready broke out, and although but seventeen wit. On one occasion, just after the years of age, three days after the battle of Jackson, he was sent ahead attack upon Fort Sumter he enlisted, of the corps as scout. He was informed but was rejected on account of his that Gen. Tuttle's division, to which small size and boyish appearance, he belonged, would be in Clinton

« AnteriorContinuar »