Italian version, titled "Osservazioni della Camera degli avvocati di Malta su quelle parti del rapporto della Regia Commissione relativa a Malta pubblicato il 22 Aprile 1912 che riguardano la procedura giudiziaria e la quistione della lingua, diretta al governo di S.M., alle due camere del Parlamento e al governo di Malta" can be found at https://www.um.edu.mt/library/oar//handle/123456789/16781 ; Observations of the Chamber of Advocates of Malta on those parts of the report of the Royal Commission on Malta published April 22, 1912 relating to judicial procedure, and the language question. ; N/A
Intro -- Contents -- Introduction: A Convoluted Maze of Judicial Doctrines -- 1. Inequality among Equals -- Disparities in the Judicial Treatment of Speech and Religion -- Religious Exercise Is Not Diminished by the Establishment Clause -- Speech Claims Are Scrutinized More Carefully Than Religion Claims -- The Differing Placement of Burdens -- Differing Treatments of Offensiveness -- Mere Risk versus Likely Probability -- The Free-Speech Strategy in Religion Cases -- Consequences of the Free-Speech Strategy -- 2. Turning the First Amendment against Religion -- Building the Wall of Separation -- The Lemon Legacy -- 3. Judicial Experiments in Establishment Doctrines -- A Confused Jurisprudence -- Pitfalls of the Endorsement Test -- 4. The Neutrality Compromise -- The Neutrality Approach to Religion Cases -- Neutrality Governs Both Exercise and Establishment Cases -- Persisting Formalisms -- Drawbacks of the Neutrality Doctrine -- 5. The Historical Relationship between Religion and Government -- Eighteenth-Century Views on the Need for Religion in a Democracy -- Government Recognition and Support of Religion -- The Public Expression of Religious Views -- The Eighteenth-Century Understanding of Establishment -- The Tradition of Nonpreferential Aid to Religion -- The Framers' View of Religion's Public Role -- Drafting and Debating the First Amendment -- The Postratification Environment -- Remaining Vestiges of Religion's Public Role -- 6. The Cultural Suspicion -- The Critics -- Judicial Reflections of the Hostility toward Religion -- The Cultural Rebellion against Religion -- Institutional Hostilities to Religion -- The Politicization of Religion -- The Secularization of America's Civil Religion -- 7. A Theory of the Establishment Clause -- The Unitary Nature of the Religion Clauses -- The Exercise Clause Is the Primary Clause.
Zugriffsoptionen:
Die folgenden Links führen aus den jeweiligen lokalen Bibliotheken zum Volltext:
Intro -- Contents -- Acknowledgments -- Introduction. The Puzzle of Our Constitutional Practice -- Chapter 1. Accounts of Our Constitutional Practice -- Chapter 2. Judges as Agents of the Past: The Burdens of Originalism -- Chapter 3. Enactment-Centered History as an Originalist Supplementation of the Text -- Chapter 4. Three Rescue Attempts: Lean, Middling, and Thick -- Chapter 5. Enter Partnership: The Justice-Seeking Account of Our Constitutional Practice -- Chapter 6. The Thinness of Constitutional Law and the Underenforcement Thesis -- Chapter 7. The Conceptual Salience of Underenforcement -- Chapter 8. The Domain of Constitutional Justice -- Chapter 9. The Birth Logic of a Democratic Constitution -- Chapter 10. Democracy and the Justice-Seeking Constitution -- Conclusion -- Notes -- Index.
Zugriffsoptionen:
Die folgenden Links führen aus den jeweiligen lokalen Bibliotheken zum Volltext:
Printed at the Daily Malta Chronicle, Valletta. ; English version, titled "Remarks of the Chamber of Advocates of Malta addressed to His Majesty's government, to both Houses of Parliament, and to the Malta Government upon those parts of the report of the Malta Royal Commission published on the 22nd April 1912, which concern judicial procedure and the language question in Malta" can be found at https://www.um.edu.mt/library/oar//handle/123456789/16875 ; Observations of the Chamber of Advocates of Malta on those parts of the report of the Royal Commission on Malta published April 22, 1912 relating to judicial procedure, and the language question. ; N/A
Intro -- Contents -- Preface -- Introduction -- 1 From Textual Originalism to Modern Judicial Power -- 2 Modern Judicial Power and the Process-Restraint Tradition -- 3 The Return of Originalist Analysis in the Warren Court Era -- 4 At the Crossroads: The Originalist Idea in Post-Warren Court Politics and Jurisprudence -- 5 Raoul Berger and the Restoration of Originalism -- 6 Originalism in the Era of Ronald Reagan -- 7 Robert Bork and the Trial of Originalism -- 8 Originalism in the 1990s: The Transformation of Academic Theory and the Limitations of Practice -- Notes -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- R -- S -- T -- U -- V -- W -- Y.
Zugriffsoptionen:
Die folgenden Links führen aus den jeweiligen lokalen Bibliotheken zum Volltext:
The Federal Constitution provides that no person shall be deprived of life, liberty or property without due process of law, and vests in the Federal Supreme Court the ultimate power to determine what is due process. The legality of any interference with person or property may always be questioned in judicial proceedings, and therefore depends, in the last analysis, upon its conformity to a rule of law laid down by the courts.The most usual method of disturbing the individual in the enjoyment of his personal and property rights is by judicial proceedings, and no person without authority of some branch of the government can constitutionally imprison him or permanently appropriate his property by any other means. Conceivably, the doctrine might have obtained that the government and its agents acting in official capacities must also have recourse to the courts in any undertaking affecting private rights. But "due process" has been interpreted as meaning process in conformity with certain fundamental principles, rather than any specific and required mode of procedure. The courts have held that, in certain instances, the government may interfere with private rights through the action of its administrative agents, and that such agents may be vested with the power of final and conclusive determination of the facts on which their action is based.
In his instructions to the American delegation to the Second Hague Conference, Secretary of State Root pointed out as the weakness of the present system of arbitration the prevalence of diplomatic ideals instead of purely judicial ideals in practice and procedure, and stated it as his opinion that the creation of a truly permanent international court composed of professional judges, who should act under a sense of judicial as distinguished from diplomatic responsibility, would increase the confidence of nations in arbitration and render the recourse to this method of settling international disputes much more frequent. Secretary Root's statement is so important in itself, the reasoning is so clear and unanswerable, the proposal to establish a permanent international court of justice so cleancut and precise, and the details which he specifies so simple and apparently self-evident, that I shall quote and comment briefly upon this passage in the instructions. "There can be no doubt," he says, "that the principal objection to arbitration rests not upon the unwillingness of nations to submit their controversies to impartial arbitration, but upon an apprehension that the arbitrations to which they submit may not be impartial. It has been a very general practice for arbitrators to act, not as judges deciding questions of fact and law upon the record before them, under a sense of judicial responsibility, but as negotiators effecting settlements of the questions brought before them in accordance with the traditions and usages and subject to all the considerations and influences which affect diplomatic agents. The two methods are radically different, proceed upon different standards of honorable obligation, and frequently lead to widely differing results. It very frequently happens that a nation which would be very willing to submit its differences to an impartial judicial determination is unwilling to subject them to this kind of diplomatic process."
SCIENTISTS AND HUMAN RIGHTS IN GUATEMALA -- Copyright -- Contents -- Preface -- Guatemala, An Overview -- CIVILIAN GOVERNMENTS -- A HISTORY OF VIOLENCE -- The Conflict -- Universities, Professors, and Students -- Disappearances -- The Myrna Mack Case -- THE COMMITTEES' WORK IN GUATEMALA -- VISIT TO GUATEMALA, JUNE 1991 -- The 1992 Mission -- TERMS OF REFERENCE -- GOVERNMENT PERSPECTIVES -- The Mack Case -- Disappearances and Political Killings -- The Police and the Armed Forces -- Judicial System Officials -- Ministry of Public Health -- Office of the Ombudsman for Human Rights -- Presidential Coordinating Committee on Human Rights Policies -- UNIVERSITIES AND RESEARCH INSTITUTIONS -- University of San Carlos -- Association for the Advancement of the Social Sciences -- SERVICE AND HUMAN RIGHTS ORGANIZATIONS -- National Coordinating Committee of Guatemalan Widows -- Human Rights Office of the Archdiocese -- Christian Children's Fund -- Behrhorst Foundation -- Findings and Conclusions -- THE GUATEMALAN GOVERNMENT -- NONGOVERNMENTAL HUMAN RIGHTS EFFORTS -- INTERNATIONAL SUPPORT -- POLITICAL KILLINGS AND DISAPPEARANCES -- THE CASE OF MYRNA MACK -- SCIENTIFIC RESEARCH -- Appendix A The Committees -- COMMITTEE ON HUMAN RIGHTS -- COMMITTEE ON HEALTH AND HUMAN RIGHTS -- Appendix B Cases in Guatemala -- CASES PRESENTED ON MISSION -- Political Killings -- Disappearances -- ADDITIONAL CASES IN GUATEMALA -- Political Killings -- Disappearances -- Threats -- Other Human Rights Abuses -- Appendix C Members of the Delegation -- Appendix D Guatemalan Judicial Procedure and the Mack Case -- INITIAL INVESTIGATION -- THE PREPARATORY OR ''SUMARIO'' PHASE -- THE INTERMEDIATE OR "ABRE A JUICIO" PHASE -- THE ACCUSATORY PHASE -- THE APPELLATE PROCESS.
Zugriffsoptionen:
Die folgenden Links führen aus den jeweiligen lokalen Bibliotheken zum Volltext:
The increasing frequency of arbitration and the pressure for a regular court of international justice composed of permanent judges, have given new emphasis to the demand for what is called the codification of international law.The process and the result intended to be described when the term codification is applied to international law involves something very different from the codification of municipal law. The codifier of any part of the law of a nation finds the law with which he is to deal already in existence and authenticated. It may be confused in form and apparently unrelated in its parts: it may be scattered through the statutory enactments of many years and the declarations of a multitude of judicial decisions; the codifier may have to struggle with difficult questions of apparent inconsistency, of doubtful repeal, of obscurities in expression calling for interpretation and construction, and with conflicts of judicial opinion; but the expressions which he considers all come from the same law-making power. Somewhere in the mass of material is to be found the final expression of legislative will, the controlling decision of the courts, and when these are found everything inconsistent with them may be rejected as repealed or overruled. The codifier's task is to find what the rules really are; to put them in due relations to each other under appropriate heads in accordance with some systematic scheme of arrangement; to bring order out of confusion; to furnish a methodical statement of the results of his researches which may make the law plain to the people who live under it and may relieve countless lawyers from the necessity of going through the same wearisome process of inquiry in each separate case. When the work is complete, if it is acceptable, the legislative power of the state puts its stamp of approval upon it and resolves any doubts or uncertainties by its acceptance of the codifier's conclusions. It may indeed be that the research of the codifier and the clearer view presented by a systematic arrangement will have revealed inadequacies of expression, incongruities, and omissions in the existing law, but, as to these, the suggestions of the codifier for remedying the defects discovered will be accepted or rejected by the single fiat of the legislative body which enacts the code.
Contemporary with the recent and very rapid industrial development of the United States has been observed an unexampled liberality of juristic thought. Especially has the process of settlement and industrialization of the West been pervaded by certain unusual social and economic influences, and likewise has been comparatively free from that judicial conservatism prevalent during the periods of colonization and settlement of the eastern and central portions of the country. Extremely dynamic forces, finding their origin in the manner of settlement, the physical characteristics of the country, and the personal attributes of the population, readily developed what may be termed specialized forms of social and legal institutions. As economic and political factors have become adjusted and a stable social poise has been approached, some of the diverging branches of the new sociopolitical life of the West have been pruned back to antecedent form, but others have become component parts of a permanent organization. Incident to the perpetuation of an unusual industrial structure, there have come about the development of new legal concepts which have assumed special relation to property rights in natural resources. This was possible only upon the abrogation of common law precedents and the renunciation of doctrines formerly conceded to be fundamental in American practice.
Article by Morris Arnold on the Arkansas Legal System during the Colonial Period. ; THE ARKANSAS COLONIAL LEGAL SYSTEM, 1686-1766 Morris S. Arnold* Except for the silence of its final letter, there is nowadays nothing very French about Arkansas. Yet before the American takeover in 1804 the great majority of the European inhabitants of the area presently occupied by the state were of French origin. There is s9me visible proof of this in the names, many now mangled beyond e:asy recognition, which eighteenth-century voyageurs and coureurs de bois gave to a good many Arkansas places and streams; 1 and there are, as well, a number of Arkansas townships which bear the names of their early French habitants .2 While these faint traces of a remote European past survive, absolutely nothing remains of the laws and customs which the ancient residents of Arkansas observed. This is no accident. It was a favorite object of Jefferson to introduce the common law of England into the vast Louisiana Territory as quickly as he could. In the lower territory he waited too late. New Orleans had had a large French population and a somewhat professionalized legal system for some time, and the civilian opposition, given time to congeal, proved to * Ben J. Altheimer Distinguished Professor of Law, University of Arkansas at Little Rock. B.S.E.E. 1965, LL.B. 1968, University of Arkansas; LL.M. 1969, S.J.D. 1971, Harvard Law School. This article is the first chapter of Professor Arnold's book, UNEQUAL LAWS UNTO A SAVAGE RACE: EUROPEAN LEGAL TRADITIONS IN ARKANSAS, 1686-1836, which will be published later this year. l. See generally Branner, Some Old French Place Names in the State of Arkansas, 19 ARK. HIST. Q. 191 (1960). The etymology of some of these names is difficult and interesting. Who would guess very quickly, for instance, that Smackover in Union County is Chemin Couvert (covered road) in disguise? Id. at 206. Tchemanihaut Creek (pronounced 'Shamanahaw") in Ashley County is a good deal easier: Chemin a haut (high road) must have been its original name. Its initial letter, one local historian has plausibly suggested, is probably attributable to "a misguided attempt to derive the name from the Indian language." Y. ETHERIDGE, HISTORY OF ASHLEY COUNTY, ARKANSAS 17, 18 (1959). Other names should on sight be instantly intelligible to a modern Parisian, though their current pronunciation might cause him consternation: Examples are the Terre Rouge (red earth) and Terre Noire (black earth) Creeks in Clark County, the L 'Angui!le (eel) River in northeast Arkansas, and La Grue (crane) township in Arkansas county. 2. Vaugine and Bogy Townships in Jefferson County, Darysaw (Desruisseaux) Township in Grant County, and Fourche La Fave (Lefevre) Township in Perry County are good examples. 391 392 UALR LAW JOURNAL [Vol. 6:391 have sufficient muscle to win a partial victory.3 As a result, as to substantive civil matters the state of Louisiana is today a thoroughly civilian jurisdiction. In the upper territory, however, by a piecemeal process beginning in 1804, the English common law was insinuated into the legal system, until, in 1816, it was at last adopted virtually wholesale by the General Assembly of the Missouri Territory.4 The purpose of this article is to explain why civilian legal institutions proved so weak in Upper Louisiana and especially in Arkansas. It turns out that the smallness and character of the European population in Arkansas was the main cause for the vulnerability of European legal norms there. The reception of the common law in Arkansas was simply one element in a more general exchange of cultures which occurred following the Louisiana Purchase. I At ten o'clock on the morning of March 12, 1682, Robert Cavalier, sieur de la Salle, having been commissioned four years earlier by Louis XIV of France to explore and take possession of the Mississippi and its tributaries, drew near the Quapaw Village of Kappa. The village was located on the right bank of the Mississippi River about twenty miles north of the mouth of the Arkansas. From the war chants emanating from the Indian town, La Salle judged that he was in for a hostile reception; so he hastily constructed a "fort" on an island opposite the village and awaited developments. Soon, however, the Quapaw chief sent the calumet of peace, and La Salle and his men went to Kappa where they were received with every possible demonstration of affection both public and private. Asked by the Quapaws for help against their enemies, La Salle promised that they could thenceforth look for protection to the greatest prince of the world, in whose behalf he had come to them and to all the other nations who lived along and around the river. In return, La Salle said, the Quapaws had to consent expressly to the erection in their village of a column on which His Majesty's arms were to be painted, symbolizing their recognition that he was the master of their lands. The Indians agreed and Henry de Tonti, La Salle's lieutenant 3. See generally G. DARGO, JEFFERSON'S LOUISIANA: POLITICS AND THE CLASH OF LEGAL TRADITIONS (1975). 4. 1 LAWS OF A PUBLIC AND GENERAL NATURE, OF THE DISTRICT OF LOUISIANA, OF THE TERRITORY OF LOUISIANA, OF THE TERRITORY OF MISSOURI, AND OF THE STATE OF MISSOURI, UP TO THE YEAR 1824, ch. 154 (1842). 1983) COLONIAL LEGAL SYSTEM 393 and commandant of one of the two brigades in the company, immediately caused the column to be fashioned. On it was painted a cross and the arms of France, and it bore these words: Louis the Great, King of France and of Navarre, rules. 13th of March, 1682. Tonti then conducted the column with all the French men-at-arms to the plaza of the village, and, La Salle taking up a position at the head of his brigade and Tonti at the head of his, the Reverend Father Zeno be Membre sang the hymn 0 crux, ave, spes unica. The company then went three times around the plaza, each time singing the psalm Exaudiat te Dominus and shouting vive le roy to the discharge of their muskets. They then planted the column while repeating the cries of vive le roy, and La Salle, standing near the column and holding the king's commission in his hand, spoke in a loud voice the following words in French: On behalf of the very high, very invincible, and victorious prince Louis the Great, by the grace of God, King of France and of Navarre, the fourteenth of this name, today, the 13th of March, 1682, with the consent of the nation of the Arkansas assembled at the village of Kappa and present at this place, in the name of the king and his allies, I, by virtue of the commission of His Majesty of which I am bearer and which I hold presently in my hand . , have taken possession in the name of His ffi.ajesty, his heirs, and the successors to his crown, of the country of Louisiana and of all the nations, mines, minerals, ports, harbors, seas, straits, and roadsteads, and of everything contained within the same . . . . After more musket-firing and the giving of presents the Indians celebrated their new alliance throughout the night, pressing their hands to the column and then rubbing their bodies in testimony to the joy which they felt in having made so advantageous a connection. Thus did France gain sovereignty over and ownership of Arkansas. The reason that we know all these details and more about La Salle's activities in Arkansas is that he had requested, and received, from Jacques de la Metairie, the notary who was in his company, a lengthy proces-verbal describing the events at Kappa and officially attesting their occurrence.5 This was Arkansas's first exposure to civilian legal processes. It would be almost 150 years before the influence of the civil law ceased to make itself felt there. 5. 2 P. MARGRY, DECOUVERTES ET ETABLISSEMENT DES FRAN<;:AIS DANS L'0UEST ET DANS LE SUD DE L'AMERIQUE SEPTENTRIONALE, 1614-1754 (1881). 394 UALR LAW JOURNAL [Vol. 6:391 II Arkansas Post was the first European establishment in the lower Mississippi valley. It was first located about twenty-seven miles by river from the mouth of the Arkansas on the edge of Little Prairie at what is now called the Menard Site. (See Figure 2). Settled in 1686 by six tenants of Henry de Tonti to whom La Salle in 1682 had granted the lower Arkansas as a seignory, 6 it was to serve as an Indian trading post and as an intermediate station between the Illinois country and the Gulf of Mexico.7 Tonti's plans for the place had been large indeed. In 1689 he promised the Jesuits to build a house and chapel at the Arkansas and to grant a resident priest a sizeable amount of land; while there, Tonti confidently asserted, the priest could "come and say mass in the French quarter near our fort."8 No priest in fact established himself during Tonti's ownership of the Arkansas and his French quarter and fort never materialized. When in an undated grant of land to Jacques Cardinal, one of his men at the Post, Tonti styled himself seigneur de ville de Tonti (lord of the town of Tonti),9 he was in the grips of an excessive enthusiasm. There is no evidence that the European population of the place ever exceeded six. In fact, when Joutel arrived there in 1687 there were only two Frenchmen remaining in residence; 10 and the single log house he descpbed is apparently the only structure ever erected at Tonti's Post. Joutel remarked of Tonti's two traders that "if I was joyous to find them, they participated in the joy since we left them the wherewithal to maintain themselves for some time." Indeed, he said, "they were almost as much in need of our help as we of theirs." He ridiculed the whole idea of a post at that location. "The said house," Joutel noted sarcastically, "was to serve as an 6. See Faye, The Arkansas Post ef Louisiana: French Domination, ;26 LA. HIST. Q. 633, 635-36 ( 1943). 7. Such was the view of Father Douay, a Jesuit who described Tonti's post in 1687. See M. THOMAS, THE ARKANSAS POST OF LOUISIANA, 1682-1783 (M.A. Thesis, University of California, 1948). 8. Tonti's grant to the Jesuits is quoted in 1 M. GIRAUD, A HISTORY OF FRENCH LOUISIANA 8 (J. Lambert trans., 1974). 9. The grant is translated in THE FRENCH FOUNDATIONS 396 (T. Pease & R. Werner eds., 1934). 10. Faye, supra note 6, at 735. 1983] COLONIAL LEGAL SYSTEM Henry de Tonti, lieutenant of La Salle. He founded Arkansas Post in 1686 and in the late seventeenth century styled himself seigneur de ville de Tonti. He was the first European to possess judicial authority in Arkansas. (Courtesy of the Museum of the History of Mobile). 395 396 UALR LAW JOURNAL · [Vol. 6:391 entrepot [way-station] for the French who travelled in these parts, but we were the only ones whom it so served." 11 Short of supplies and virtually inaccessible, the tiny outpost never prospered. The war with the Iroquois closed the route to Canada and made trade to and from Arkansas impossible much of the time until 1693.12 By 1696, Jean Couture, Tonti's lieutenant and commandant at the Post, had deserted to the English, 13 and in 1699 Jesuit missionaries to the Quapaws found no trace of a French settlement. 14 By then the French had evidently abandoned the Arkansas, though there may have remained behind a "few white savages thereabouts as wild as red savages." 15 However grandiose and ambitious had been the schemes of Tonti, they would soon come to seem tame. In 1717 the Mercure de France, a Paris newspaper, began advertising the riches of Louisiana to its readers: Gold and silver could be mined there "with almost no labor." The mountains situated on the Arkansas River would be explored, and there, one correspondent exuded, "we shall gather, believe me, specimens from silver mines, since others already have gathered such there without trouble." When Cadillac sensibly protested that "the mines of the Arkansas were a dream" he was promptly committed to the Bastille "on suspicion of having spoken with scant propriety against the Government of France."16 The man behind the propaganda campaign was John Law, a Scot, who owned a bank in Paris and who had in 1717 succeeded in securing for his Compagnie d'Occident a monopoly on Louisiana trade. Law's company recruited thousands of colonists to settle in Louisiana and the king granted it authority to grant land from the 11. Joutel Remarques sur /'Ouvrage de Tonti Re/at(( a la Louisiane ( 1703), Archives Service Hydrographique (Paris), vol. 115-9, no. 12 (Typescript in Little Rock Public Library). The translation in the text is mine. 12. Faye, supra note 6, at 638. 13. IBERVILLE'S GULF JouRNALS 144 at n.98 (R. McWilliams ed. 1950). 14. 18 COLLECTIONS OF THE WISCONSIN HISTORICAL SOCIETY 427, at n.37 (1908). 15. Faye, supra note 6, at 646. See also I M. GIRAUD, supra note 8, at 8: "When d'Iberville reached the Mississippi [i.e., in 1699] the post had been abandoned." Some writers are reluctant to say that the Arkansas was completely devoid of Europeans at this time. See, e.g., P. HOLDER, ARCHAEOLOGICAL FIELD RESEARCH ON THE PROBLEM OF THE LOCATIONS OF ARKANSAS POST ARKANSAS 4 (1957): "The French occupation of the general area along the lower courses of the Arkansas and White Rivers was virtually continuous from the 1680's onward." The truth is that the sources simply fail to mention any Europeans in Arkansas, except Jesuit missionaries, between 1699 and 1721. It is, however, hard to resist believing that a few hunters and trappers ventured from time to time into the area and established temporary camps there. Almost certainly no real settlement existed however. 16. Faye, supra note 6, at 653. 1983] COLONIAL LEGAL SYSTEM 397 Royal domain. Proprietors of the company's land grants (concessionaires) were given considerable latitude in choosing the spots for their settlements, since the interior of Louisiana was not well known; and they therefore exercised much discretion in locating their colonists on arrival. 17 However, the company early on had recognized the Arkansas River as an important spot, since it was thought that it might well be the best route to the Spanish mines of Mexico. Thus the company specifically directed where the Arkansas concession should be located and ordered that it be the first occupied. 18 It granted this concession to Law himself. In August of 1721, a group of Law's French engages (perhaps as many as eighty) took possession of land on Little Prairie at or near the site of Tonti's abandoned trading post. 19 (See Figure 2). Although Law was by then bankrupt and had fled France, the news did not reach Louisiana until after Jacques Levens, Law's director in Louisiana, had caused the Arkansas colony to be established under the command of some of his subordinates.20 By December of that year Bertrand Dufresne, sieur du Demaine, replaced Levens as director for Arkansas, and in March of 1722 he took possession of the concession and began an inventory of its effects and papers.21 On his arrival he found only twenty cabins and three arpents (about 2.5 acres) of cleared ground. He reported a total of about fifty men and women resident,22 tristes debris, Father Charlevoix called them,23 of Mr. Law's concession. They had produced only an insignificant harvest. Lieutenant la Boulaye was nearby with a military detachment of seventeen men.24 (See Figure 1). Despite the existence of a company store at the Arkansas concession, both the colony and the military establishment were in considerable difficulty.25 Dufresne therefore immediately released twenty of the engages from service and gave them lots to cultivate in the hopes that a better harvest of corn and wheat would be realized in 1722. In February of the following year there were only forty-one colonists remaining, divided now into two small farming communi- 17. 4 M. GIRAUD, H!STOJRE DE LA LOUISIANE FRANc_;;AISE 198 (1974). 18. Id. 19. Id. 20. Id. at 199. 21. Id. at 271. 22. Id. at 272. 23. 6 P. CHARLEVOIX, JOURNAL D'UN VOYAGE FAIT PAR ORDRE DU Roi DANS L'AMERIQUE SEPTENTRIONNALE 164 (1744). 24. 4 M. GIRAUD, supra note 17, at 273. 25. The following paragraph is based on Id. at 273-74. 398 UALR LAW JOURNAL [Vol. 6:391 ties: Fourteen men and one woman at Law's concession under Dufresne, and sixteen men, some with families, two leagues down the river with the troops. Among this latter group there lived six black slaves. 26 Benard la Harpe, while exploring the river in 1721, had predicted, or at least hoped for, a turn in the fortunes of the struggling colony, but that hope proved false and in 1727 Father Paul du Poisson, the Jesuit missionary to the Arkansas, reported that only about thirty Frenchmen remained behind.27 The military post had been abandoned two years previous. 28 Village des Arcan~as ---N Poste francais commande par le S. la Boulaie 0 - - - -, ·: ·Concession de M. Law I I L. --- ' MISSISSIPPI Figure 1 Sketch of the location of Law's colony by Dumont de Montigny,Archives Nationales, Paris, 6 JJ-75, Piece 254. All this seemed worth recounting in some detail because for generations historians of Arkansas have believed that a colony of Germans once occupied their river. Law did recruit many Germans for settlement in Louisiana, and they were destined for the Arkansas, but as soon as the news of Law's bankruptcy reached the colony 26. Recensement General des Habitans Estab!ys,,.SoteJouy Arkansas et d~s Ouvrier~ ~e la Concession cy devant Apartenant a M. Law, 18 February, 1723. (Transcnpt at Lomsiana History Center, Louisiana State Museum, New Orleans). 27. Du Poisson to Father___, translated in Falconer, Arkansas and the Jesuits in 1727-A Translation, 4 PUBLICATIONS OF THE ARKANSAS HISTORICAL ASSOCIATION 352, at 375 (1917). 28. Faye, supra note 6, at 670. 1983] COLONIAL LEGAL SYSTEM 399 in June of 1721, the Compagnie des Indies took over the direction of his concession;29 and when the time arrived to transport the German immigrants to Arkansas, the company, in an economy move, decided instead to send them to Delaire's grant in Lower Louisiana.30 In short, none of Law's Germans ever reached Arkansas. This is a pity, as the prospect of discussing, or at least imagining, a group of German immigrants living under French law on the Arkansas River was an intriguing one--one of which the facts have now unfortu-nately deprived us. · III Before 1712, the colony of Louisiana, with a population of only a few hundred, had been entirely under military rule and regular civil regulation was altogether lacking. On September 19, 1712, the Crown granted a trade monopoly to Antoine Crozat but he was given no governmental authority: As Henry Dart noted, the charter was "only an operating contract with the duties of government retained in the Crown."31 However, the charter did adopt as law for the colony "nos Edits, Ordonnances Et Coutumes Et !es usages de la Prevoste Et Vitf/omte de Paris--our edicts, ordinances, and customs, and the usages of the Provostry and Viscounty of Paris."32 The Coutume, despite its name, was actually a small code of some 362 titles first reduced to writing in 1510,33 and treating both substantive and adjective law. It was itself terse, indeed epigrammatic; but the commentary on it by the time of its adoption in Louisiana was voluminous. 34 Annotated versions of the Coutume were therefore very popular in France and in time they found their way to Louisiana.35 Also in 1712, by a separate instrument, a new and important institution was created for the colony, the Superior Council of Louisiana. 36 Modelled on the governmental arrangements already in 29. 4 M. GIRAUD, supra note 17, at 216. 30. Id. at 248. 31. Dart, The Legal Institutions of Louisiana, 3 SOUTHERN LAW Q. 247 (1918). This article also appears in 2 LA. HIST. Q. 72 (1919). 32. The charter is printed in 4 PUBLICATIONS LA. HIST. Soc. 13, at 17 (1909). 33. For a precis of its provisions, title by title, see Schmidt, History ef the Jurisprudence of Louisiana, l LA. L. J., no. l, l (1841). 34. The most useful eighteenth-century commentary is C. FERRIERE, CoMMENTAIRE SUR LA CouTUME DE LA PREVOTE ET VICOMTE DE p ARIS. It is available in several editions. 35. Dart, The Law Library ef a Louisiana Lawyer in the 18th Century, 25 REPORTS OF THE LOUISIANA BAR ASSOCIATION 12, at 22 et seq. (1924). 36. See Dart, supra note 31, at 249 et seq. See also, for some discussion of the work of this body, Hardy, The Superior Council in Colonial Louisiana, in FRENCHMEN AND FRENCH 400 UALR LAW JOURNAL [Vol. 6:391 place in other French colonies, the Council had original and exclusive jurisdiction to decide disputes arising anywhere in Louisiana. It consisted of the Lieutenant General of New France; the Intendant of the same; the Governor of Louisiana; a first councilor of the king; two other councilors; the attorney general; and a clerk. Judgments in civil cases required the concurrence of at least three members and in criminal cases at least five. The Council was originally created to exist for three years, but on September 7, 1716, it became by virtue of a Royal Edict a permanent institution.37 In 1717 a fundamental change occurred in the government of Louisiana. In that year Crozat, having lost an enormous sum under his operating charter, surrendered it, and John Law's Compagnie d'Occident was given a monopoly over trade in the colony. In addition, unlike Crozat's company, the Compagnie d'Occident was granted extensive governmental authority: It had the power to appoint the Superior Council, to name governors and military commandants, and to appoint and remove all judges. The charter also provided that "Seront tous !es juges Etbalis en tous !es d. Lieux tenus de juger suivant !es Loix Et ordonnances du Royaume Et se Con-former a la Coutume de la prevoste Et Vicomte de Paris. . . ."; that is, that "all the judges established in all the said places shall be bound to judge according to the laws and ordinances of the realm, and [shall also be bound] to conform to the customs of the Prevostry and Viscounty of Paris."38 This portion of the charter obviously provided for the reception of general French legislation and the Custom of Paris. In addition, it has been shown that subsequent French legislation, as soon as it was registered in the colony, and the legislation of the Superior Council itself, formed part of the body of colonial Louisiana law.39 The subsequent French legislation was of three distinct sorts: (a) general legislation; (b) special colonial legislation; ( c) colonial legislation passed specifically for Louisiana. 40 Two years later we hear for the first time about inferior courts for outlying portions of the colony. On September 12, 1719, the king noted the need to appoint persons to act as judges "to facilitate w A YS IN THE MISSISSIPPI v ALLEY 87 (J. McDemott ed., 1969); Micelle, From Law Court to Local Government: Metamorphosis of the Superior Council of French Louisiana, 9 LA. HIST. 85 (1968). 37. The edict is printed in 4 PUBLICATIONS LA. HIST. Soc. 21-23 (19CS). 38. Id. at 48. 39. Baade, Marriage Contracts in French and Spanish Louisiana: A Study in "Notarial" Jurisprudence, 53 TUL. L. REV. 3, 9 (1978). 40. Id. 1983] COLONIAL LEGAL SYSTEM 401 the administration of justice in places distant from the place where the Superior Council holds it sessions."41 The "heads or directors" of concessions along with "other of our subjects, capable and of probity" were to "exercise both civil and criminal justice." The edict went on to provide that, even in these inferior courts, "three judges shall sit in civil matters and in criminal matters five judges . " The plan, evidently, was to have a kind of provincial council at each settlement. The king further provided that an appeal from these local tribunals would lie in all cases to the Superior Council.42 All this was being done, of course, to make ready the way for Law's colonizing schemes. In 1720 or 1721 Louisiana was for the first time divided into districts (or counties). Arkansas was one of the nine districts originally created, and a local commandant and a judge was assigned to each "to put justice with greater ease in reach of the colonists."43 Presumably, and understandably, the plan to establish local councils outside New Orleans was abandoned at this time. The sources simply fail us on the question of whether more than one person was expected to sit on local courts, but it could not have proved workable in remote places like Arkansas to assemble a multi-member judicial body. In May of 1722 the Regent issued an order creating a provincial council for Illinois, the jurisdiction of which supposedly extended from "all places on and above and Arkansas River . . . to the boundaries of the Wabash River." The commandant of the Illinois, Lieutenant de Boisbriant, was to serve as "chief and judge" of this so-called council, which in fact had only one other member.44 It thus seems to have been the plan to abolish the Arkansas district and annex its territory to its nearest northern neighbor; and the Illinois provincial council was directed "to hold its sessions at the places where the principal factories of the company shall be estab- 41. The edict is printed in 4 PUBLICATIONS LA. HIST. Soc. 63 (1908). 42. The translation in the text is mine. The entire edict is translated and discussed in Dart, supra note 31, at 261 et seq. Further discussion of this edict can be found in Dart, The Colonial Legal Systems of Arkansas, Louisiana, and Texas, 27 REPORTS OF THE LOUISIANA BAR ASSOCIATION 43 at 52 (1926). 43. Id. at 267. The other districts were New Orleans, Biloxi, Mobile, Alibamous, Natchez, Yazoo, N atchitotches, and the Illinois. 44. Translated extracts from this order appear in 2 J. WHITE, A NEW COLLECTION OF LAWS, CHARTERS, AND LOCAL ORDINANCES OF THE GOVERNMENTS OF GREAT BRITAIN, FRANCE, AND SPAIN, RELATING TO THE CONCESSION OF LAND IN THEIR RESPECTIVE COLONIES . 439-40 (1837). 402 UALR LAW JOURNAL [Vol. 6:391 lished."45 This language could have been construed to require the Illinois council to sit at the Arkansas. It is, however, very much to be doubted that such a session was ever held, and certainly it is not believeable that anyone would repair from Arkansas to Illinois to settle a grievance in 1722. It seems probable, then, that whatever judicial functions were exercised at the Arkansas were entrusted to its resident directors even after the supposed creation of the council of the Illinois. The only resident director that the Arkansas ever had was, as we saw, Bertrand Dufresne, sieur du Demaine, who arrived at the Post March 22, 1722, and he was evidently the judge from that point on. Prior to that, Jacques Levens had been director, but as he never took up residence in Arkansas we have to presume that if judicial functions were undertaken by anyone, it was by one or more of the three subordinates to whom Levens had entrusted the management of the struggling colony: Jean-Baptiste, Menard, Martin Merrick, and Labro.46 When Dufresne left the Arkansas around 1726 we can hardly guess the means resorted to for the settlement of disputes. Probably Father Paul du Poisson, the Jesuit missionary resident from 1727 to 1729, used his good offices to maintain order among the approximately thirty Frenchmen who had remained behind.47 It seems probable, therefore, that Arkansas's first sustained exposure to European legal proceedings and principles occurred in the period during which Law's Company held sway in Louisiana. Tonti's seventeenth-century feudal seignory no doubt carried with it the right to render justice. Though his charter from La Salle has not as yet come to light,48 other conveyances of La Salle's are extant; and in them he gave his grantees judicial power over small cases ("low justice" this is called) while specifically reserving important cases ("high justice") to himself. (Cases of the latter type he directed to be heard by the judge "who shall be established at Fort St. 45. Id. at 440. 46. 4 M. GIRAUD, supra note 17, at 272. Menard left the Arkansas in 1722 (jd., 275) and was in New Orleans in 1720. Index to the Records efthe Superior Council of Louisiana, 4 LA. HIST. Q. 349 (1921). 47. Dufresne appears in the Arkansas census of January !, 1726; but on October 21, 1726, he is described as a "settler in Arkansas, but now domiciled with Mr. Traguidy [in New Orleans]." Index to the Records of Superior Council of New Orleans, 3 LA. HIST. Q. 420 (1920). In 1727 there was no director at the Arkansas, as Father Du Poisson tells us that he took up evidence in "the India Company's house, which is also that of the commandants when there are any here . " See Falconer, supra note 27, at 371. 48. For a charter from Tonti to Jacques Cardinal, one of his men at the Arkansas, see THE FRENCH FOUNDATIONS, supra note 9, at 396. 'Fhla is tlae Olll)' grant gf Tgati's eKtastF 1983] COLONIAL LEGAL SYSTEM 403 Louis.")49 We do not know whether Tonti's charter contained identical provisions but it certainly would have contained similar ones. But during the fifteen years or so that Tonti held the right to dispose of certain cases arising in his seignory, it hardly seems credible that he or his deputies ever held anything resembling a court, or even executed many instruments or documents.50 IV In 1731 the Compagnie d'Occident surrendered its charter to Louis XV, and for the rest of the period of French dominion Louisiana was a Crown Colony. Late that same year a military garrison was re-established in Arkansas; it consisted of twelve men commanded by First Ensign de Coulange and was located again on the edge of Little Prairie. 51 (See Figure 2). It was apparently during the reorganization of the colony in 1731 that civil and military authority at the outposts of Louisiana were combined in the commandant of the garrison-an arrangement that would survive into the Spanish period and even for a short time during the American regime. Part of a post commandant's civil authority was to act as notary and judge. The exact scope of his judicial jurisdiction during the French period is obscure, there being no document of which I am aware which describes it specifically. Parkman, writing of conditions in the Illinois in 1764, says that the "military commandant whose station was at Fort Chartres on the Mississippi, ruled the Colony with a sway as absolute as that of the Pasha of Egypt, and judged civil and criminal cases without right of appeal."52 Captain Phillip Pittman, an English engineer and Mississippi explorer who was writing at almost exactly the same time, gives a slightly different version. According to him, the Illinois commandant "was absolute 49. Concession in fee by La Salle to Pierre Prudhomme, in id. at 32. 50. When Tonti petitioned for confirmation of his charter, he was evidently refused. The petition is printed in E. MURPHEY, HENRY DE TONTI, FUR TRADER OF THE MISSISSIPPI 119 (1941). It is possible that La Salle did not have the power to make permanent grants and that may be the reason that Tonti needed confirmation. The Letters Patent of May 12, 1678, giving La Salle the right to explore "the western part of New France" in the king's behalf, gave him the power to build forts wherever he deemed them necessary; and he was "to hold them on the same tern1s and conditions as Fort Frontenac." See T. FALCONER, ON THE DISCOVERY OF THE MISSISSIPPI 19 (1844). La Salle said expressly in 1683 that this allowed him to "divide with the French and the Indians both the lands and the commerce of said country until it may please his majesty to command otherwise . " See THE FRENCH FoUNDATio~;upra note 9, at 43. The language is ambiguous, but on one permissible reading it indicates a specifically reserved power in the king to revoke grants made by La Salle. 51. Faye, supra note 6, at 673. 52. Quoted in Dart, supra note 31, at 249. 404 UALR LAW JOURNAL [Vol. 6:391 in authority, except in matters of life and death; capital offences were tried by the council at New Orleans."53 Of course, the Arkansas commandant's judicial jurisdiction was not necessarily as extensive as that possessed by the commandant of the Illinois. He may very well have been subordinate to the Illinois commandant during most of the French period. Some fitful light is thrown on the judicial authority of the Arkansas commandant by an interesting proceeding which took place at the Post in 1743.54 In October of that year, Anne Catherine Chenalenne, the widow of Jean Francois Lepine, petitioned Lieutenant Jean-Francois Tisserant de Montcharvaux, whom she styled "Commandant for the King at the Fort of Arkansas," asking him to cause an inventory and appraisal to be made of the community property in her possession. The object in view was to make a distribution to the petitioner's son-in-law and daughter who had the previous May lost all their goods when attacked by Chickasaws on the Mississippi not far below the mouth of the Arkansas. They had narrowly escaped with their lives.55 Widow Lepine had decided to make a distribution to "her poor children, at least to those who have run so much risk among the savages." She was preparing to marry Charles Lincto, a well-to-do resident of the Post, and she wished to dissolve the old community which by custom had continued after her husband's death in her and their children. The commandant informed Madame Lepine that on 26 October, 1743, he would inventory the "real and personal property derived from the marital community" and would bring with him two persons to look after the widow's interest and two to represent the children. The idea was that each party in interest should have independent appraisers present to insure the impartiality of the inventory and evaluation. De Montcharvaux in the presence of these and other witnesses caused the inventory to be made on the appointed day. The estate was fairly sizeable, being valued at 14,530 /ivres and 10 sols. It contained a great deal of personalty, including four slaves, a number of animals, 1600 pounds of tobacco, and notes and accounts receivable; the realty noted was "an old house" with three small outbuildings. Interestingly, no land was mentioned. There are two possible explanations for the absence of land in S3. P. PITTMAN, THE PRESENT STATE OF THE EUROPEAN SETTLEMENT ON THE M1ss1sSIPPI S3 (1770) (Reprinted with intro. by R. Rea 1973). S4. The relevant documents are translated in Core, Arkansas through the Looking Glass ef 1743 Documents, 22 GRAND PRAIRIE HISTORICAL SOCIETY BULLETIN 16 (1979). SS. This incident is reported and discussed in Faye, supra note 6, at 677-78. 1983] COLONIAL LEGAL SYSTEM 405 the inventory. One is that land may not have been actually granted to Arkansas settlers but only given over temporarily to their use. The other possibility is that the land on which the house was built had belonged to Lepine before the marriage and had remained his separate property under his marriage contract or under the general provisions of the Coutume de Paris. The Coutume, which, as we have seen, was in force in French Louisiana, provided that all movables (personalty), belonging to a husband or wife, whenever acquired, became part of the community; but only certain immovables (realty) acquired after the marriage were so treated.56 This rule could be altered by contract, but in Louisiana, as in France, the Coutume was often specifically incorporated into marriage contracts by future spouses in defining the regime that would rule their property; 57 and if there was no contract provision creating a property regime, the Coutume of course automatically applied. The inventory is said to have been made "Pardevant nous Jean Francois Tisserant Ecuyer Sieur Demoncharvaus Commandant pour le Roy au Fort des Arkansas." The formulapardevant nous ("before us") is Parisian notarial boiler-plate and indicates that the commandant was acting in his surrogate notarial capacity. To an American common lawyer, the notary is not a member of the legal profession, not even a paralegal. But in seventeenth- and eighteenth-century France he enjoyed a much more elevated status, as indeed he still does in that country. Originally an official of the medieval European ecclesiastical courts, the notary developed into a noncontentious secular legal professional in France. In England, partly because the canon and secular laws were not on speaking terms, "the notarial system never took deep root."58 For one thing, an important aspect of the notary's duties, his authority to "authenticate" documents, was of little use to the English. The whole notion of a state-sanctioned authenticator of private acts was entirely foreign to the common law: Whereas in France we see notaries "making" and "passing" contracts, the common law left that to the parties. The state was very much in the background in England, and was called upon only to enforce obligations that arose by force of nature. The other aspect of the French notary's duties, the drafting of instruments, conveyancing, and the giving of legal advice, was per- 56. See Baade, supra note 39, at 7, 8. 57. Id. at 25. 58. l F. POLLOCK & F. MAITLAND, A HISTORY OF ENGLISH LAW 218 (2d ed., reissued with intro. by S. Milsom 1968). 406 UALR LAW JOURNAL [Vol. 6:391 formed by the regular legal profession in England. It is true that there was a scriveners' company organized in London in the sixteenth century which was granted a charter in the reign of James l.59 Members were empowered to draft legal documents, especially obligations (or bonds), and they gave a certain amount of low-level legal advice particularly in commercial and banking matters. 60 The few secular notaries who practiced in London at that time concerned themselves mainly with drafting documents relevant to international trade, and they were members of this company.61 But in the eighteenth century the company lost its effort to keep commonlaw attorneys from competing, and in 1804 parliament made conveyancing the monopoly of the regular legal profession.62 In contrast, the French notary's duties by the eighteenth century had come to include not only the familiar ones of administering oaths, taking acknowledgements, and giving "authenticity" to "acts" of private persons by attesting them officially, but they also ran generally to the drafting of documents, conveyancing, and the giving of practical legal advice.63 It is not surprising, therefore, that notaries would 59. See 12 w. HOLDSWORTH, A HISTORY OF ENGLISH LAW 70 (1938). See generally on the notary in England, Gutteridge, The Origin and Development ef the Profession of Notaries Public in England, in CAMBRIDGE LEGAL ESSAYS 12 (1926). 60. 12 w. HOLDSWORTH, supra note 59, at id. 61. 5 w. HOLDSWORTH, supra note 59, at 115 (3d ed. 1945). 62. 12 w. HOLDSWORTH, supra note 59, at 71-72; T. PLUCKNETT, A CONCISE HISTORY OF THE COMMON LAW 227-28 (5th ed. 1956). 63. As draftman of wills, marriage contracts, and conveyances, Mons. le Notaire has survived in France as a much respected person, especially in the country villages. He is a general non-forensic legal practitioner, his part in the legal scheme "being confined to voluntary as distinct from contentious jurisdiction." Brown, The office of Notary in France, 2 INT'L & COMP. L. Q. 60, at 64 (1953). Indeed, the French notary is close to the equivalent of the English solicitor, except for the latter's participation in litigation. Thus one modern-day commentator opined that "a solicitor would feel much at home in the etude of the French notary, though he would be surprised, and perhaps disappointed, by the cordiality of the morning post." Id. at 71. Today in Louisiana as well the notary enjoys considerable powers. See Burke & Fox, The Notaire in North America: A Short Study of the Adaptation of a Civil Law Institution, 50 TUL. L. REV. 318, at 328-32 (1975); Brosman, Louisiana-An Accidental Experiment in Fusrim, 24 TUL. L. REV. 95, 98-99 (1949). The Louisiana notary has the power "to make inventories, appraisements, and petitions; to receive wills, make protests, matrimonial contracts, conveyances, and generally, all contracts and instruments of writing; to hold family meetings and meetings of creditors; . to affix the seals upon the effects of deceased persons and to raise the same." LA. STAT. ANN.§ 35:2 (1964). When the Louisiana legislature defined the practice of law, and prohibited all but licensed attorneys from engaging in it, it therefore remembered to except acts performed by the notary which were "necessary or incidental to the exercise of the powers and functions of (his] office." LA. STAT. ANN. § 37:212(B) (1974). A walk through modern-day New Orleans will reveal a number of signs proclaiming the existence of "Law and Notarial Offices", a combination having an odd ring in the ears of an American common lawyer. The Louisiana notary is simply "a different and 1983] COLONIAL LEGAL SYSTEM 407 make an appearance in eighteenth-century Louisiana. In New Orleans, of course, there was much work for them, but there were also provincial notaries operating in Biloxi, Mobile, Natchitoches, Pointe Coupee, and Kaskaskia.64 Since De Montcharvaux acted as notary for the Lepine inventory, it is reasonably clear that there was no provincial notary resident at the Arkansas at that time. This comes as no surprise since in 1746 there were at the Post only twelve habitant families, ten slaves, and twenty men in the garrison, 65 hardly a sufficient European population to require or attract a law-trained scrivener. When it was time to have their marriage contract made, the widow Chenalenne and her future spouse executed it in New Orleans. No doubt there was available there legal advice on which they might more comfortably rely.66 Besides, there was at that time no resident priest at the Post to perform the marriage. v On May 10, 1749, an event occurred that considerably reduced the European population of Arkansas and also made it difficult to attract settlers there for some time. On that day, the Post was attacked by a group of about 150 Chicaksaw and Abeka warriors. Their coming was undetected67 and thus they caught the small habitant population altogether unaware. They burned the settlement, killed six male settlers, and took eight women and children as slaves.68 The census taken later that year shows, not surprisingly, that the population had decreased since the previous census. Seven more important official person than is the notary public in other jurisdictions of the United States." Brosman, supra at 98. 64. See Baade, supra note 39, at 12. 65. Memoire sur /'Eta! de la Colonie de la Louisiane en 1746. Archives des Colonies, Archives Nationales, Paris [hereinafter cited as ANC], Cl3A, 30:242-281, at 249, (Typescript of original document available at Little Rock Public Library). As the average family size in Arkansas in the middle of the eighteenth century was about four, this would put the number of habitant whites at the Post at about forty-eight. 66. For an abstract of this marriage contract, see Records o.f the Superior Council o.f Louisiana, 13 LA. HlsT. Q. 129 (1944). 67. However, the habitants may have had a warning that something was afoot, for on May l, Francois Sarrazin had written from Arkansas that "two savages have killed a man and a woman and burnt a man in the frame." Records efthe Superior Court o.f Louisiana, 20 LA. HlsT. Q. 505 (1937). This incident may have been connected with the attack nine days later. 68. Vaudreuil to Rouille, September 22, 1749, calendared in THE VAUDREUIL PAPERS 59-60 (B. Barron ed., 1975). See also Faye, supra note 6, at 684 et seq. W. BAIRD, THE QUAPAW INDIANS: A HISTORY OF THE DOWNSTREAM PEOPLE 34 (1980), gives the number taken as slaves as thirteen. 408 UALR LAW JOURNAL [Vol. 6:391 men, eight women, eight boys, and eight girls remained, a total of only thirty-one white habitants at the Poste des Akansa .69 Nor did all this mark an end to serious trouble. When in June of 1751 First Ensign Louis-Xavier-Martin de Lino de Chalmette, the commandant of the Post, went uninvited to New Orleans to consult with the governor, his entire garrison of six men took the opportunity to desert. 70 Things were obviously at a critical juncture. When later in 17 51 Lieutenant Paul Augustin le Pelletier de la Houssaye took command at Arkansas he found there a post recently rebuilt by its habitants and _voyagij,tfrs and probably already relocated to a spot ten or twelve miles upriver at the edge of the Grand Prairie. (See Figure 2). It is clear that Governor Vaudreuil had determined to hold the Arkansas even if the cost proved high, for he assigned to De La Houssaye a large company of forty-five men.71 The lieutenant was also authorized to build a new fort; government funds being lacking, he undertook the construction at his own expense in return for a five-year Indian trade monopoly.72 This new beginning could, in the nature of things, have given only a slight lift to the prospects for sustained settlement in the Arkansas country. Late in 1752 Governor Vaudreuil was informed that the Osages had attempted an attack on Arkansas Post but had failed. 73 While this indicates a stability of sorts for the l?ost, thanks no doubt to the size of the new garrison, still the perceived danger must have been so high as to discourage all but the most intrepid from taking up residence at the Arkansas. Mentions of Arkansas in the legal records tend to emphasize the dangerousness of the place. For instance, a couple from Pointe Coupee, on the verge of leaving for a hunting trip to the White River country, thought it best to deed their property to a relative, with the stipulation that the deed was to be void if they returned.74 It is not surprising, therefore, that even as late as 1766, the last year of French dominion, only eight habitant families, consisting in all of forty white persons, were resident at Arkansas Post.75 69. Arkansas Post Census, 1749, Loudon Papers 200, Huntington Library, San Marino, CA. There were also fourteen slaves resident at the post and sixteen voyageurs who had returned after their winter's work. There were five hunters on the White River and four on the St. Francis. Thirty-five hunters had failed to return from the Arkansas River. 70. Faye, supra note 6, at 708. 71. Id. at 211. 72. Id. 73. THE VAUDREUIL PAPERS, supra note 68, at 136. 74. Index to the Records of the Superior Council of Louisiana, 24 LA. HlsT. Q. 75 (1941). 75. See Din, Arkansas Post in the American Revolution, 40 ARK. HIST. Q. 3, at 4 (1981). 1983] COLONIAL LEGAL SYSTEM 409 All of these difficulties, and others, made for a place in which it might be regarded as too polite to expect the presence of much which corresponds to a legal system. In addition, political exigencies sometimes interfered to such an extent that the application of even-handed legal principle became inexpedient and thus entirely impracticable. For instance, the continued existence of the Arkansas settlement depended heavily on the loyalty of the Quapaws and their wishes were therefore relevant to any important decision made there. Their influence could extend even to the operation of the legal system as the following incident demonstrates. On 12 September, 1756, a meeting was held in the Government House in New Orleans to hear an extraordinary request from Guedetonguay, the Medal Chief of the Quapaws.76 His tribe had captured four deserters from the Arkansas garrison and had returned them; but the chief had come on behalf of his nation to ask Governor Kerlerac to pardon the soldiers. One of those captured, Jean Baptiste Bernard, in addition to having deserted, had killed his corporal Jean Nicolet within the precincts of the fort. The chief, obviously a great orator, said that he had come a long distance to plead for the soldiers' lives despite the heat and the demands of the harvest; and in his peroration he said that his head hung low, hi~ eyes were fixed to the ground, and his heart wept for these men. He knew, he explained, that if he had not come they would have been executed, and this was intolerable to him because he regarded them as his own children. He recited many friendly acts of the Qua paws to prove the fidelity of his people to the French. Among them was the release of six slaves (perhaps Chicaksaws captured by the Quapaws) "who would have been burned" otherwise, and the recent capture of five Choctaws and two trespassing Englishmen. He himself, he noted, had recently lost one son and had had another wounded in the war against the Chickasaws; and he . counted this "a mark of affection for the French." In recompense he asked for the pardon of the soldiers. The chief added that this was the only such pardon his nation had thus far requested, and he promised never to ask again. He did not doubt that Kerlerac, "the great chief of the French father of the red men," charged to govern them on behalf of "the great chief of all the French who lived in the 76. What follows is based on a memorandum entitled "Harangues faites dans /'assemb/ee tenue a /'hotel du gouvernment cejourdhui, 20 Juin 1756," found in ANC, Cl3A, 39:177-180 (Transcript at Little Rock Public Library). The translations are mine. 410 UALR LAW JOURNAL [Vol. 6:391 great town on the other side of the great lake," would listen and do the just thing. Guedetonguay left his best argument for last. He maintained vigorously that, under his law, any criminal who managed to reach the refuge of the Cabanne de Valeur where the Quapaws practiced their religious rites was regarded as having been absolved of his crime. It was their custom everywhere that the chief of the Cabanne de Valeur "would sooner lose his life than suffer the refugee to undergo punishment for his crime." Evidently the soldiers were claiming this right; and Ouyayonsas, the chief of the Cabanne de Valeur, was there to back them up. This last argument was an excellent one because it called upon the French to recognize an established Indian usage not dissimilar from the European custom of sanctuary. And the argument carried with it a threat of violent reaction if the custom were not allowed. Kerlerac answered the chief that he was not unmindful of the past services of the Quapaws, nor was he ungrateful for them. "But," he said, "I cannot change the words declared by the great chief of all the French against such crimes, and . . . it would be a great abuse for the future" to pardon the soldiers. So, he continued, "despite all the friendship that the French have for you and your nation, these men deserve death." The great chief stood for a long time with his head down and finally answered ominously that he could not be responsible for the revolutions which the chief of the privileged house might stir up-revolutions which he said ''would not fail to occur." The argument continued and the governor offered to grant the chief "anything else except these four pardons." But Guedetonguay stubbornly maintained that "the sole purpose of his journey was to obtain the pardon of the four men." In the end the Governor extracted from the Quapaw chiefs "publicly and formally their word . . . that they would in the future deliver up all deserting soldiers as malefactors or other guilty persons without any restriction or condition whatsoever, and that . pardons would be accorded at the sole discretion of the French." No immediate decision was reached by the Governor, but later that day some of his advisors, having reflected on what they had heard, reckoned "that a refusal of the obstinate demands of these chiefs . . . the faithful allies of the French would only involve the colony in troublesome upheavals on the part of the said nations who have otherwise up to the present served very faithfully." They con- 1983] COLONIAL LEGAL SYSTEM 411 eluded that "saving a better idea by Monsieur le Gouverneur it would be dangerous, under all the present circumstances, not to satisfy the Indians with the pardons which they demanded." The governor took the advice but evidently did not write to Berryet, the French Minister of the Marine, for some time to tell him about it. From the comfort of Versailles it was easy for Berryet to pick at Kerlerac's decision.77 In responding to Kerlerac, Berryet first made the point that Bernard's case was different from that of the other captured soldiers since he was accused of homicide in addition to desertion. Then, too, the minister had a lot of questions. Could not the difference in Bernard's case have been urged on the Arkansas chiefs to get them to relent in his case? Where was the record of the legal proceedings which should have been conducted relative to the killing? If this was a wilfull murder the pardon had been conceded too easily. "It would be dangerous," the minister warned, ''to leave such a subject in the colony, not only because he would be an example of impunity but also because of new crimes that he might commit." (The arguments of general and specific deterrence are not very recent inventions.) Finally, the governor was sternly admonished "not to surrender easily to demands of this sort on the part of the savages . If on the one hand it is necessary, considering all the present circumstances, to humor the savages, it is also necessary to be careful of letting them set a tone that accords neither with the king's authority nor the good of the colony." Nevertheless, the minister talked to the king and he ratified the governor's decision. Writs of pardon were therefore issued under the king's name for each of the Arkansas soldiers. Because the homicide committed by Bernard was not a military crime and was cognizable therefore by the Superior Council of Louisiana, his pardon was directed to the Council. Interestingly, though Berryet admitted knowing nothing of the circumstances surrounding the killing, the pardon recited that a quarrel had arisen between Bernard and Nicolet, that they had beaten each other, that Bernard : "had had the misfortune to kill the said Nicolet," and that the death "had occurred without premeditated murder."78 Thus Louis XV pardoned Jean Baptiste Bernard for killing by mischance when there was no evidence adduced as to the facts resulting in Nicolet's 77. What follows is based in Berryet's letter to Kerlerac and Bobe Descloseaux dated July 14, 1769. ANC, B, 109:487-88 (Transcript at Little Rock Public Library). The translation is mine. 78. The pardon (brevet de grtJce) was enclosed in the letter and is ANC, B, 109:489 (Transcript at Little Rock Public Library). The translation is mine. 412 UALR LAW JOURNAL [Vol. 6:391 death. The decision was generated simply by a desire to accommodate an important ally. Faithful adherence to legal principle sometimes had to take a back seat to the more compelling demands of politics. VI Father Louis Carette, the Jesuit missionary who came to the Post of Arkansas in 1750, nevertheless attempted to bring some order to the legal affairs of the place. As he noted in a procuration (power of attorney) dated at Arkansas in 1753, he was "authorized by the king to make in every post where there is not a Notary Royal all contracts and acts . "79 There is no evidence that he had any formal legal training, but he was a Jesuit, and thus a learned man, one of a handful of such who would make their residence in eighteenth- century Arkansas. The 1753 procuration is itself of some interest, as it sheds light on how litigants whose cases were technically beyond the jurisdiction exercised by the Arkansas commandant (whatever that was) might have had their cases heard if they wanted to resort to regular methods of dispute settlement. As incredible as it seems, it is probable that the only court of general jurisdiction in the entire colony was the Superior Council of Louisiana. Now, in 1763 La Harpe said that it was a two-week boat trip from the Arkansas to New Orleans, and six to eight weeks back.80 Obviously, the procuration was an important device for people in remote posts like Arkansas, for it enabled them through their attorneys, in the language of the document under discussion, "to act . . . as though they were personally present."81 Convoys or individual vessels travelled down the Mississippi frequently enough to make this means of tending to legal affairs more tolerable than it might otherwise have been. In this case, the attorney chosen was Commandant de la Houssaye, and he was deputed to act in a probate matter at Pointe Coupee for Etienne de Vaugine de Nuysement and his wife Antoinette Pelagie Petit de Divilliers. An interesting feature of procurations which increased their utility and flexibility was that they were assignable. This feature came in handy in this instance since De La Houssaye, having 79. Index to the Records of the Superior Council of Louisiana, 22 LA. H!sT. Q. 255 (1939). 80. La Harpe to Chosseul, August 8, 1763, ANC, Ci3B, 1 (Typescript in Little Rock Public Library). 81. Records, supra note 79, at id. 1983] COLONIAL LEGAL SYSTEM 413 been detained at the Arkansas due to illness, simply transferred the power of attorney to a member of the Superior Council "to act in my place as myself."82 Perhaps one of the reasons that Carette had acted as notary in this instance was that the only other person in the little community authorized so to act, the commandant, was a party to the instrument. But in the French period priests were given general notarial powers and could act even in the absence of circumstances disabling the commandant. For instance, Carette acted as notary, and thus probably draftsman, for a marriage contract in which the commandant was not interested. This was the marriage contract of Francois Sarrazin and Francoise Lepine, executed at Arkansas Post on January 6, 1752. Marriage contracts have no exact parallel in common-law practice, and it thus seems worthwhile, before discussing the particulars of the Sarrazin-Lepine contract, to devote some time to their explanation and description. In a recent seminal study, Professor Hans Baade has outlined the provisions which one typically finds in marriage contracts executed in accordance with eighteenth-century Parisian notarial practice.83 The first and invariable undertaking by the future spouses was a promise to celebrate their marriage in facie ecc! esiae. The parties would then choose the regime which would govern their property during the marriage. Next would come a declaration that the ante-nuptial debts of the parties were to remain their separate obligations; this was followed by a disclosure of the parties' assets, a requirement for the validity of the previous provision. The dowry brought to the marriage by the wife was next recited; and delineating preciput, the right of the spouse to specific property in the event of dissolution of the community, frequently followed. Finally came the donation clause, usually a reciprocal grant of all or part of the predeceasing spouse's estate. In Louisiana, this donation, in order to be valid, had to be registered with the Superior Council in New Orleans. An inspection of the Sarrazin-Lepine marriage contract reveals that it very clearly drew on these French notarial precedents, and it reflects, moreover, an awareness of the practical requirements of the Louisiana registration provisions. It contained a promise to celebrate the marriage in regular fashion, the creation of a community property regime, a clause stating the amount of the wife's dowry, a 82. Id. 83. What follows is taken from Baade, supra note 39, at 15-18. 414 UALR LAW JOURNAL [Vol. 6:391 mutual donation to the survivor of all property owned at death, and an undertaking to have the contract registered in New Orleans.84 While there was no clause dealing with ante-nuptial debts and no mention of preciput, it is quite obvious that the good Jesuit knew more than a little about French notarial practice, and may well have had at his disposal a form book on which he could draw. He was, for all practical purposes, for a time the "lawyer" of the post as well as its cure. Before we leave this interesting document there is an aspect of it which bears detailed attention. The property regime chosen by the parties included in the community "all property, movable and immovable"85-as common lawyers would say, all property, both personal and real. In this respect the contract departs from the Custom of Paris which included in the community all movables but only certain immovables (conquets) acquired after marriage. 86 Parties were allowed in Louisiana to contract almost any property arrangement they wanted, 87 and Sarrazin and Lepine had elected a somewhat unusual variety of community. Curiously, however, the contract reckoned that this regime was "in accordance with the custom received in the colony of Louisiana." A few months after the execution of this contract Commandant de la Houssaye wrote to the governor to say that Monsieur Etienne V augine, a French officer, was of a mind to marry Madame de Gouyon, the commandant's sister-in-law, and he sent along "the proposed conditions for the contract of marriage."88 This was a draft of the contract, as De La Houssaye asked the governor to pass "/'exemplair du contra!" along to the New Orleans notary Chantaloux if the governor decided to give his permission for the marriage. Chantaloux was "to make it as it should be."89 Three weeks later the governor wrote to say that the contract would be sent back soon and that Chantaloux had left it intact except for one reasonably minor alteration.90 In 1758 Father Carette, dismayed by the irreligious inclination of his flock, left the Arkansas and no replacement was sent. In 17 64, 84. Records of the Superior Council of Louisiana, 25 LA. HlsT. Q. 856-57 (1942). 85. Id. at 856. 86. Baade, supra note 39, at 15. 87. Id. 88. La Houssaye to Vaudreuil, Dec. l, 1752, LO 410, Huntington Library, San Marino, CA. 89. Id. 90. THE v AUDREUIL PAPERS, supra note 68, at 152. 1983] COLONIAL LEGAL SYSTEM 415 Captain Pierre Marie Cabaret Detrepi, commandant at the Arkansas, after Madame Sarrazin had found herself widowed, passed a second marriage contract for her which was extremely unsophisticated and rudimentary.91 It contained only a promise to marry regularly and a mutual donation. Perhaps the good widow had by this time tired of long-winded formalities. Just as likely, the Post was feeling the absence of Carette's drafting skills. VII As tiny, remote, and inconsequential as the Arkansas settlement was, then, it is nevertheless clear that at least some of its people were part of the time adherents to French legal culture. Of course almost everyone who lived at the Post during the period of French domination was either a native of France or French Canadian; and by the end of the French period a substantial number of native Louisianans were there. It is most interesting to find the survival of civilian legal form in so remote an outpost of empire. Obviously, not all of Arkansas's residents lapsed into a kind of legal barbarism. There were, however, circumstances at work which would make it impossible for some time to establish a community which could be expected to value the observance of legal niceties very highly. As we have already seen, the Post could not have been very attractive to the more civilized settler owing to its dangerous location. Arkansas Post, moreover, over the years experienced an extreme physical instability since it was necessary to relocate it several times due partly to flooding. (See Figure 2). The Arkansas River was in the eighteenth century "a turbulent, silt-laden stream, subject to frequent floods which were disastrous along its lower course."92 This proved to be a considerable disincentive to settlement. Add to that the enormous expanse occupied by the alluvial plain of the Mississippi and the difficulty becomes plain enough. Almost any site within thirty miles of the mouth of the Arkansas carried with it a considerable risk of floods. Law's colony, on the Arkansas twenty-seven miles or so from its mouth, was said in 1721 to be "in a fertile sector but subject to floods."93 The success of the attack by the Chickasaws in 1749, when the Post was at the same 91. Records of the Superior Council of Louisiana, Feb. 11, 1764, Louisiana History Center, Louisiana State Museum, New Orleans. 92. P. HOI.DER, supra note 15, at 152. 93. 4 M. GIRAUD, supra note 17, at 273 (1974). 416 UALR LAW JOURNAL [Vol. 6:391 location, was made possible by the absence from the neighborhood of the Quapaws: Because of recent floods they had abandoned their old fields for a more promising place upstream.94 This place, called Ecores Rouges (Red Bluffs) by the French, was about thirty-six miles from the mouth of the Arkansas and was at the present location of the Arkansas Post Memorial.95 After the attack, the Post was moved to join the Indians at Ecores Rouges so as to provide for mutual protection.96 The new spot was free from floods but proved unsatisfactory from a strategic standpoint because of its distance from the Mississippi. The location delayed convoys and Governor Vaudreuil expressed the view that "a post on the Mississippi would be more practical."97 Therefore in 1756 the Post was moved back downriver to about ten miles above the mouth. But the inevitable soon occurred. In 1758 heavy flooding, graphically described in a letter of Etienne Maurafet Layssard the garde magasin (storekeeper) of the Post, caused heavy damage, almost undoing the work of builders and architects who had been at work for the better part of a year. The houses were saved by virtue of being raised on stakes against such a day as this; but the habitants' fields, everything but Layssard's garden for which he had providently provided a levee, were entirely inundated.98 It was in fact a small enough loss. From the beginning, and understandably, the attempt to make a stable agricultural community of the Arkansas had failed miserably. There is no doubt that the European population of Arkansas during the French period consisted almost entirely of hunters and Indian traders. In 1726 the reporter of the Louisiana census remarked of the Arkansas that "all the habitants were poor and lived only from the hunting of the Indians." 99 A 1746 report said of the twelve Arkansas habitant families 94. Faye, supra note 6, at 717-19. 95. See figure 2. 96. For details, see Appendix II to my forthcoming book, UNEQUAL LAWS UNTO A SAVAGE RACE; EUROPEAN LEGAL TRADlTIONS IN ARKANSAS, 1686-1836. 97. THE VAUDREUIL PAPERS, supra note 68, at 118. 98. Faye, supra note 6, at 718-19. A detailed description of the repairs made in the summer of 1758, evidently necessitated by these floods, is in ANC, CBA, 40:349-50 (Typescript in Little Rock Public Library). In addition to making repairs, the builders constructed a house 26 feet long and 19 wide just outside the fort for the Indians who came there on business. It was of poteaux en terre construction, was covered with shingles, and was enclosed with stakes. The report describing the renovation and construction work of 1758 is signed by Denis Nicol~s Foucault, chief engineer of the Province of Louisiana. 99. ANC, GI, 464 (Transcript at Little Rock Public Library). 1983] COLONIAL LEGAL SYSTEM • DeWitt ARKANSAS COUNTY • Dumas I I I 0 1. 1686-1699; 1721-1749 N 1 DESHA COUNTY T I I 4 I 8 mi Figure 2 Locations of Arkansas Post, 1686-1983 2. 1749-1756; 1779-1983 3. 1756-1779 JB Based on a map drawn by John Baldwin which appeared in Arnold, The Relocation of Arkansas Post to Ecores Rouges in 1779, 42 ARK. HIST. Q. 317 (1983). Used with permission of the Arkansas Historical Association. 417 418 UALR LAW JOURNAL [Vol. 6:391 that "their principal occupation is hunting, curing meat, and commerce in tallow and bear oil." As for cultivating the soil, the same source reported that the habitants grew "some tobacco for their own use and for that of the savages and voyageurs." 100 In 1765 Captain Phillip Pittman, an Englishman, said that there were eight families living outside the fort who had cleared the land about nine hundred yards in depth. But, according to him "on account of the sandiness of the soil, and the lowness of the situation, which makes it subject to be overflowed," their harvest was not enough even to supply them with their necessary provisions. Pittman noted that "when the Mississippi is at its utmost height the Lands are overflow' d upwards of five feet; for this reason all the buildings are rais'd six feet from the ground." Thus the residents of the Arkansas, he said, subsisted mainly by hunting and every season sent to New Orleans "great quantities of bear's oil, tallow, salted buffalo meat, and a few skins." 101 Both Layssard102 and Father Watrin103 hint that the discouragement produced by the frequent flooding contributed to Father Carette's decision to leave. However that may be, it must be clear that during the period of French dominion the Post did not provide fertile soil for either crops or religion. Would regular bourgeois legal procedures have generally been afforded a more cordial acceptance? Even absent direct evidence, this would in the abstract seem most unlikely. Unsafe, unstable, and uncomfortable, the Arkansas Post of Louisiana during the period of French dominion must surely also have been largely unmindful of bourgeois legal values. It is true, as we have seen, that some of the Post's residents tried to maintain a connection between their remote outpost and European legal culture. But the few legal records that chance has allowed to come down to us from the French period are remarkable not only for their small number but also for the social and economic characteristics they reveal of the people who figured in them. They were an elite, related by marriage and blood, struggling under the difficult circumstances of their situation to participate in regular le- 100. Memoire, supra note 65 (Transcript at Little Rock Public Library). 101. P. PITTMAN, supra note 53, at xliv, 40-41. 10+. See ANC, Cl3A, 40:357 (Transcript in Little Rock Public Library). Layssard there remarks that the inhabitants at Arkansas were too poor to build a levee, and that "the Father would rather leave than go to such an expense. He is very poor." 103. See J. DELANGLEZ, THE FRENCH JESUITS IN LOWER LOUISIANA 444, where Watrin is quoted as saying that, despite there being little hope for conversion of the Quapaws, Father Carette "nevertheless followed both the French and the savages in their various changes of place, occasioned by the overflowing of the Mississippi near which the post is situated." 1983] COLONIAL LEGAL SYSTEM 419 gal processes. The probate proceeding of 1743 was instituted by one of the most well-to-do residents of Arkansas in the person of Anne Catherine Chenalenne, widow of Jean Francois Lepine. The community property inventoried included four slaves. 104 Her future husband Charles Lincto became the most substantial civilian resident of the Post. The 17 49 census, if one excludes from it for the moment the commandant and his household, reveals that Lincto's household accounted for eight of the twenty-nine white habitants and seven of the eleven slaves at the Arkansas. 105 Etienne de Vaugine de Nuysement who executed the procuration of 1753 was a member of one of the most distinguished French families of Louisiana; 106 and he granted the power to Commandant de la Houssaye who would soon become a Major of New Orleans and a Knight of the Royal and Military Order of St. Louis. 107 Vaugine and De la Houssaye married sisters. The marriage contract executed at the Arkansas in 1752 was entered into by the Post's garde magasin and Francoise Lepine, a daughter of Anne Catherine Chenalenne the petitioner in the probate proceeding of 1743; and the bride's dowry had resulted from the dissolution of the community which had been the aim of that proceeding. Finally, Francoise Lepine's second marriage contract, passed by Detrepi in 1764, was prelude to her marriage to Jean Baptiste Tisserant de Montcharvaux, officer and interpreter at the Post and son of the commandant who executed the 1743 inventory. We are dealing with a propertied and interconnected gentry here, a tiny portion of what was anyway a very small population. How the other, the major part of the Arkansas populace regulated their lives during the French period will, in the nature of things, be difficult to document. But there is some evidence on this point and it indicates that there was a good deal of lawlessness on the Arkansas. According to Athanase de Mezieres, the Lieutenant Governor at Natchitoches, the Arkansas River above the Post was inhabited largely by outlaws. "Most of those who live there," he claimed, "have either deserted from the troops and ships of the most Christian King and have committed robberies, rape, or homicide, 104. For a translation of this inventory, see Core, supra note 54, at 22. 105. Resancement General des Habitants, Voyageurs, Femmes. En.fans, Esclaves, Clzevaus, Beufs, Vaclzes, Coclzons du Foste des Akansas, 1749. Lo. 200, Huntington Library, San Marino, CA. 106. On the Arkansas Vaugines, see Core, T!ze Vaugine Arkansas Connection, 20 GRAND PRAIRIE HISTORICAL SOCIETY BULLETIN 6 (1978). 107. Faye, supra note 6, at 709. 420 UALR LAW JOURNAL [Vol. 6:391 that river being the asylum of the most wicked persons, without doubt, in all the Indies." 108 On another occasion, De Mezieres singled out as a particularly heinous offender an Arkansas denizen nicknamed Brindamur, a man "of gigantic frame and extraordinary strength." Brindamur, De Mezieres complained, "has made himself a petty king over those brigands and highwaymen, who, with contempt for law and subordination with equal insult to Christians, and the shame of the very heathen, up to now have maintained themselves on that river." 109 He had been resident on the Arkansas for a long time, as his name appears in the census of 1749. Interestingly, it is placed at the very head of a considerable list of "the voyageurs who have remained up the rivers despite the orders given them." 110 All persons hunting on the rivers were supposed to return every year as passports were not issued for longer periods. But there were large numbers of hunters who lived for twenty years or more in their camps without ever reporting to the Post. They constituted a large proportion, indeed sometimes a majority, of the European population in Arkansas during the French period. The 17 49 census, for instance, lists a habitant population of only thirty-one, including the commandant and his wife. But there were forty hunters on the Arkansas River whose passports had expired, and nine on the White and St. Francis Rivers. Sixteen hunters were said to be at the Post being outfitted to return to the hunt. Brindamur, the bandit King, was murdered by one of his men after the end of the French period, "though tardily" De Mezieres reckoned, and "by divine justice."111 In the Spanish period an effort was made to rid the river of these malefactors. VII Since no records of litigation initiated at the Arkansas during the French period have survived, if indeed any were ever kept, very little can be said directly on how lawsuits were conducted there. However, in 1747 Francois Jahan initiated a suit in the Superior Council in New Orleans against one Clermont, a resident of Arkansas Post, claiming damages for the conversion of a cask of rum at Arkansas. 112 The Superior Council, as we have shown, had jurisdic- 108. 1 ATHANASE DE MEZIERES AND THE LOUISIANA-TEXAS FRONTIER, 1768-1780 166 (H. Bolton ed., 1914). 109. Id. at 168-69. 110. Resancement, supra note 105. 111. t\. BOLTON, supra note 108, at 167. 112. Index lo the Records of the Superior Court of Louisiana, 17 LA. HIST. Q. 569 (1934). 1983] COLONIAL LEGAL SYSTEM 421 tion throughout Louisiana, and this case reveals how it was exercised against a defendant in the hinterlands. The summons was served on the Attorney General of Louisiana; thus, as Henry Dart pointed out, "it would seem . . . that a resident of the Post of Arkansas could be sued in New Orleans by serving the citation on the Procureur [Attorney] General."113 How the case would have, in the ordinary instance, proceeded from there is difficult to say. Probably the Arkansas commandant would have been asked to act as a master to gather facts and to report to the Superior Council. But it seems that the commandant had already ruled independently on the matter. Commandant de Monbharvaux's statement on this case, which is entered in the record a'few days after the suit was initiated, indicates that he had held a hearing on the matter at the Arkansas, had taken testimony as to the rum, and had "sentenced Clermont to pay for it."114 Apparently he had kept no record of the proceeding, as none was offered: The good lieutenant bore his own record. It is interesting to note, however, that this case was evidently not brought to enforce the commandant's judgment but was an independent action. How did the justice provided by the Post commandant during the French period measure up? In the absence of litigation records, this is the hardest kind of question to answer. We know, however, that whatever jurisdiction was exerciseable by the commandant, he acted alone, without official advisors and without, of course, a jury. To say that rule is autocratic is not to say
, ji IF i b II HELP THOSE WHO HELP US. \/i The Intercollegiate Bureau or Academic Costume. Cotrell & Leonard, ALBANY, N. Y. Makers of Caps and Gowns To Gettysburg College, Lafayette, Lehigh, Dickinson, State College, Univ. of Pennsylvania, Harvard, Yale, Princeton, Wellesley, Bryn Mawr and the others. Class Contracts a Specialty. Correct Hoods for Degrees. WHY NOT GET A POSITION NOW1. The sooner the young graduate finds the right opportunity the bet-ter his chances for success. We offer the best means of bringing your ability to the attention of employers in all parts of the country. Are you familiar with our successful methods'? We will gladly give you without charge full information concerning desirable posi-tions that will be open in the early summer and fall for capable College, University and Technical School graduates. Better not delay about writing us for we are al-ready placing many 1M6 men. HilPG-OODS, The tiggSt&Sg*"*"of I'eaa.aa.syl-vaaa.ia. Bld.gr-, ^3a.ilad.elplj.ia,, DPa. t)mces in Twelve Other Cities. Come and Have a Good Shave, or HAIR-CUT at Harry B. Seta's BARBER SHOP 35 Baltimore St. BARBERS' SUPPLIES A SPECIALTY. Also, choice line of fine Cigars. R. A. WONDERS Corner Cigar Parlors. A full line of Cigars, Tobacco, Pipes, etc. Scott's Corner, opp. Eagle Hotel GETTYSBURG, PA. Pool Parlors in Connection. IF YOU CALL ON C. A. Bloehep, Jeuuelep, Centre Square, He can serve you in anything you may want in REPAIRING or JEWELRY. !it WE RECOMMEND THESE FIRMS. Established 1867 by Allen Walton Allen K. Walton, Pres. and Treas. Root. J. Walton, Superintendent. Hummelstown Brown Stone Compaq and Manufacturers of BUILDING STONE, SAWED FLAGGING, and TILE, fALTONVILLE. D™, PENNA. Contractors for all kinds of cut stone work. Telegraph and Express Address, BROWNSTONE, PA. Parties visiting quarries will leave cars at Hrownstone Station, on the P. & R. R. R. For Artistic Photographs Go To TIPTON, The Leader in Photo Fashions. Frames and Passapartouts Made to Order. C. E. Barbehenn THE EACLE HOTEL Corner Main and Washington Sts. The Most Popular College Songs A welcome gift in any home. The Most Popular College Songs 50 New College Songs Songs of ALL the Colleges - • Songs of the WESTERN Colleges Songs of the EASTERN Colleges SCHOOL Songs with COLLEGE Flavor Songs of the Flag and Nation - - 100 New Kindergarten Songs New Songs for College Glee Clubs New Songs for Male Quartets - - Songs of the University of Pennsylvania Songs of the University of Michigan - Songs of Washington and Jefferson College Songs of Haverford College - - - New Songs and Anthems for Church Quartets, (Eleven Numbers) each .10 to .30 $ .60 .50 1.50 1.85 1.25 .50 .50 1.00 .50 .50 1.50 1.25 1.25 1.25 HINDS, NOBLE & ELDREDGE, Publishers 31-33-35 West ISth St. New York City rr PATRONIZE OUR ADVERTISERS. fJIIIIIIIII!lllll!IIMIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII!IMIIIIlllllllllllllllllllllllll| j Seligman | I & Br em j } I Are Gettysburg's Most | 1 -■ Reliable TAILORS And sbow their appreciation of your patronage by giving you full value for your money, and closest attention to the wants of every customer. I Give Them I i | | Your Patronage J ^IIIIIIMIIIUIIIIIIIMIIIIIIIIIIIIIIIIIIIIIIIIMIIIIIlllllllllllllllllllllllllllllllllllllllllllllHlllllllllir? IM PATRONIZE OUR ADVERTISERS. Essentially the instruments for critical and discriminating buyers. Superior in every detail of construction and superb instruments for the production of a great variety of musical effects and the finest shades of expression. Close Prices. Easy Terms. Old Instruments Exchanged. WEAVER ORGAN AND PIANO CO., MANUFACTURERS, \l YORK. PA., U. S. A. J Students' Headquarters . —FOR-HATS, SHOES AND GENT'S FURNISHING Sole Agent for WALK-OVER SHOE Eckert's Store. Prices always right The Lutheran publication^ocieij No. 1424 Arch Street PHILADELPHIA, PA. Acknowledged Headquarters for anything and everything in the way of Books for Churches, Col-leges, Families and Schools, and literature for Sunday Schools. PLEASE REMEMBER That by sending your orders to us you help build up and devel-op one of the church institutions with pecuniary advantage to yourself. Address HENRY. S. BONER, Supt. The fllcreary. The Literary Journal of Gettysburg College. VOL. XIV. GETTYSBURG, PA., JUNE 1906. No. 4 CONTENTS "■COLLEGE JOURNALISM"—Oration. '■. . 92 N. R. WHITNEY, '06. "JUNE NIGHT "—Sonnet 95 W. WISSLER HACKMAN, '08. "SALUTATORY"—Oration 96 H. CLYDE BRILLHART, '06. "TENNIS AS AN EXERCISE"—Essay 100 L. W. T., '09. "HIS APOLOGY"—Poem. . . . . . . .101 F. W. MOSER, '07. " OUR ENTRANCE INTO CITIZENSHIP " With Valedictory. —Oration 103 H. BRUA CAMPBELL, '06. "THE OLD DORM IN THE MOONLIGHT "—Poem. . . 109 ROE EMMERT, '06. "THE SCENERY ABOUT MILLERSBURG, PA."—Essay. . no G. L. KlEFFER, '09. "HOME SWEET HOME "—Essay 112 J. EDWARD LOWE, '06. " SAVED BY GRACE "—Story . 114 EDITORIALS, . • 118 EXCHANGES, . . . 120 92 THE MERCURY. COLLEGE JOURNALISM. N. R. WHITNEY, '06. FROM the day when Daniel Webster, as a student, started the first college newspaper at Dartmouth College to the present time, college journalism has had a steady growth in extent and influence. Just as our great newspapers have grown and the number of these publications has increased un-til now every town of at least five thousand inhabitants has its daily, and as we have come to consider these papers the chief factor in the struggle for civic righteousness, so college journ-alism has developed until it occupies a wholly unique position in the college world, and now no institution that claims to be progressive is without its journal. The history and evolution of the college newspaper would provide material for a long and interesting discussion, but that would be chiefly of historic value. Today, let us seek rather to obtain something of immediate and more practical value. Let us strive to set up an ideal towards which college journ-alism shall strive. Commencement is a peculiarly fitting time to look forward rather than backward, and, therefore, we will consider, instead of what has been done, what ought to be done. To do this it will first be necessary to get the status of the college journal, and in this search we shall consider the college newspaper as the only periodical which exerts any considerable influence in the college world. The newspaper is the connect-ing link between the alumni and the college. It serves to keep those who have gone out informed as to the events which tran-spire and the condition of affairs at the college, and thus keeps alive their interest in their Alma Mater, while it contains news in regard to the alumni which keeps the student body informed as to the success with which former college men are meeting, and thus it fulfills the function of a medium of exchange be-tween the alumni and the students. Of course, being pub-lished by the students it is largely devoted to college news and reflects student sentiment. Hence, he who wishes to learn how certain measures are regarded and what schemes are en- \ THE MERCURY. 93 tertained by the students for the improvement of the institution needs but to read the college paper. Keeping this idea in view, that the alumni determine very largely the condition of affairs at the school from its journal, those in charge of its publication should be careful of its char-acter. Its tone should be high. Of course, it goes without saying, that being the work of those who are presumably well-educated, and intended to circulate among intelligent and well educated men, it must be correct in English; and this in-volves a careful and exact use of words as well as obedience to those rules of grammer which have become crystallized by usage in our best literature. This lofty tone which is desirable precludes the use of slang, for such expressions are ephemeral. They seize upon the fan-cy of one generation and in the next are forgotten. A college paper wants permanence in style and maintenance of dignity. To be lofty is to be dignified. Slang is a product of street gamins whose vocabulary is limited, and hence possesses no dignity and should not be found in a college periodical. The tone of the best college paper will not only be pure and lofty, but it will be hopeful, not pessimistic. It will seek to find some ground for hope in the poorest athletic team ; it will find cause for congratulation in some feature of the most poor-ly rendered concert by a musical club. In other words, the ideal college journal is not a fault-finder. It is easy to criticise and tear down; the difficulty lies in building up. Of course there is such a thing as being too optimistic and such an edi-tor imagines his college and everything connected with it as being without flaw. However, we are contending for that vis-ion which, while seeing the faults around it, will invariably re-gard them as less obtrusive than the virtues. Each institu-tion has rules and practices which some of us would change if we were able to do so, but should one give expression to the opinion that, because such practices exist therefore the college is behind the times or is a partial failure ? Is it in the province of the college newspaper to place the school in an unfavorable light before the world ? These queries lead necessarily to the statement that the 94 THE MERCURY. periodical should be large and liberal in its judgements. Since it has this power, to a very great extent, of giving good or ill-fame to an institution, the journal must exercise the judicial function with great caution. We are living in an iconoclastic age and nothing gives us quite so much pleasure as to shy a brick metaphorically at those in authority. Their personalities and their deeds stand out so clearly that we cannot resist the temptation to criticise them. If the paper seeks popularity among a certain large group of students it needs only to find fault with the administration of affairs pertaining to the college. Hence the journal requires at its head a man who is able to detach himself, as it were, from the student body and its pre-judices and rise to a height where he can more clearly discern the interests of the college. It is not always an easy task to rise above prejudice and it sometimes demands the exercise of .more courage than one would imagine. Thus, when the whole body of students commits a deed or assumes a position which a dispassionate judical consideration compells an editor to dis-approve of, he will need all the moral courage he can command to do his duty in the face of the hostile criticism of his class and college mates. We have said that the paper represents the student body. This statement ought to be amended by saying " the whole student body." A judgment which is large and liberal will not per-mit of favoritism towards any one class. Such a policy would be disastrous to the usefulness of the paper. Of course some publications disregard even this danger signal, but when it is remembered that the editor is almost always closely identified with a certain class and its interests, it is surprising that the number of papers which fail in this respect is as small as it is. Nor can a successful journal be unfair in its attitude towards its contemporaries. Great care must be used in passing judg-ment upon the acts or statements made by a rival institution. Too easily are we led by our sympathy and prejudice to put the wrong construction upon our neighbors' actions. And now we come to the aim of the college journal. Is its highest purpose realized and its fullest duty performed when it simply gives the news of the college world ? No, its des- r THE MERCURY. 95 tiny is grander than that of being merely a purveyor of news. Its work is more inspiring. It seeks to benefit the college. Advancement and success for the institution are the goals. Many advantages will accrue to the school just because the paper itself is a good one and meets the requirements which we have laid down. But this is not sufficient. There must be conscious and uninterrupted effort to make known the good qualities of the college and to secure more students and more money for it by arousing and keeping alive the enthus-iasm and support of its friends. To accomplish this purpose it is imperative that the end be kept always in view. Since a college journal is published by the students it might seem that student interest ought to be given the first consideration. Occasionally there may be such a conflict of interests, but, at such times, the editor must keep clearly in view the fact that the college journal is a power only when it is a power for good for its college, and is fulfilling its high destiny only when it is using every means to keep glow-ing the love and interest of the students and alumni for their Alma Mater. JUNE NIGHT. W. WlSSLER HACKMAN, 'OS. • TJNDOWN and crescent noon ; The passing truths of a glaring day Now fade and soften into gloom Until they vanish quite away. The dreaming trees soft-breathing sigh, And whispering quiver as they stand ; Like drowsing giants o'er the land They nod beneath a faint-starred sky. Afar the marsh-frogs rasp their strings The livelong night, nor pause, nor rest ; A night bird stirring in her nest Sings with a rapture of fluttering wings, While fairies bear their lamps about Though brooding shadows in and out. 96 THE MERCURY. ENGLISH SALUTATORY—TRANSITION PERIODS. H. CLYDE BRILLHART, '06. LADIES AND GENTLEMEN : The class of 1906 extends to you all a hearty welcome. As-we are about to celebrate one of the most important events in the lives of each one of us, we are glad for the presence of so-large a number of our friends. These four years of care-free iun and earnest study are about to close. This day to which we have long been looking forward with commingled feelings of joy and sadness has at length arrived. To this, the goal of our four long, yet seemingly short, years of training and uncon-cern and the commencement of the more serious responsibili-ties of life, each of the thirty-four members of our class bids you an earnest welcome. To you, alumni and friends, who out of loyalty to our Alma Mater have been wont to see other classes from time to time pass from this stage out onto the larger stage of life; to you, the members of the board of trustees from among whose number one is absent today who for many years has helped to shape the destinies of our Alma Mater, whose wisdom was a tower of strength to her, whose learning was her glory, whose life was an inspiration and an example to her sons and daughters; to you, the members of the faculty, who-have so patiently led us in the ways of knowledge; to you, the relatives and friends of the individual members of the class; to you, undergraduates, who are not yet called upon to sever these bonds of association, but who will in time come to stand where we now stand—to all in the name of the class of 1906,1 extend most cordial greetings. We stand today on a dividing line with fond memories of the Past and hope for the Future. The time is at hand when it is necessary for us, as a class, to part; but we can dety those circumstances to arise which can /weaken these ties of friendship so dearly formed by us during these four years just passed, or to counter-act their influence upon our Future. Today we leave as undergradu-ates, to return in future years as alumni, in an attempt to review in a few short days those never-to-be-forgotten lessons learned within these sacred walls. The time of preparation has passed ; the time for achieve- THE MERCURY. 97 f ment is at hand. In the evolution of life we have reached the end of one of those periods which because of their peculiar position and character are of the utmost importance. They form the connecting links between the larger epochs of life. They are periods in which certain tendencies and movements are gaining momentum and slowly but surely changing the character of the life of the nation or the individual. The vital forces of one age and one set of circumstances are recast and readjusted to meet the demands of a new age and a new set of circumstances. It is true that in the great scheme of development every period is a transition period, but it is also true that some per-iods by the suddenness of the changes and the rapidity of the readjustments which take place in them, are in a special sense transition periods. In reading the record of the formation of the earth, the geologist often comes upon a place where the continuity of his record is broken. When he again finds it continued the character of the life forms is so widely different that he con-cludes that a great length of time must have elapsed between the formation of the records, but when he has made a more care-ful investigation and found the missing pages of his record and has properly interpreted them he finds that the period was a com-paratively short one; but One in which h'fe forms were un-dergoing very rapid changes, Such a period he calls a transi-tion period. The wise student of history realizing the great significance of such periods in the evolution of human progress makes them his special care. He knows that only by the mastery of rhe forcesand tendencies at work in them do the events of the subse-quent periods become clear. This is nowhere better illus-trated than in the Renaissance-Reformation period. It forms the connecting link between the Middle Ages and the Modern Times. No other period in the history of the world has set in motion so many forces which were world wide in their results. The Middle Age was ruled by asceticism. The monk's view of life was the ideal of the age. The authority of the Roman See was unquestioned and its power unlimited. But all this, 98 THE MERCURY. is now changed. The ascetic view of life is broken ; the unity of the Middle Ages destroyed; the world view transformed. The new age with its revelations and achievements discovered to man the truth about himself and the truth made him free. It led him out of the dungeon of Monasticism into the light of Christian freedom. It broke the shackles which the petty fendal lord had forged upon him and started him on the high-way to political freedom. It transformed Ecclesiastical abso-lutism into indivi dual nationality. In the intellectual realm the transformation was truly mar-velous. For a small earth-centered universe, the Copernican system of astronomy gave to man a limitless sun-centered uni-verse. Instead of a common compulsory church it gave him a free church. In place of the useless and subtle quibbling of the schoolmen there appears the beginning of real philosophy. Alchemy is supplanted by Chemistry, Astrology by Astronomy. In no department of human knowledge has the transformation been more marvelous or longer delayed than in the study of history. The impulse was given in the 16th century. It struggled hopelessly for recognition but was soon lost in the rapid march of events. It was not until the 19th century that history again commanded attention, when the events of a single decade, from 1820 to 1830, called forth more volumes of history than were called forth by the events of a thousand years before. History is no longer a narration of memorable events com-memorating the deeds of a hero, a family or a nation. Our historians no longer write to strike the imagination or arouse the feelings with poetical images of vanished realities. Their aim is not to please, nor to give practical maxims of conduct, but knowledge pure and simple. In order to make its facts useful they must be criticized and organized and in this way the rules of its interpretation and the formulae of its exposition have become as severe as those of the so-called " exact science " and the genetic method has been applied to all the sciences. While these periods are of great importance in science they are of even greater importance in our own lives. Of these none is more worthy of thoughtful consideration than the col-lege period which marks the transition from youth to manhood, THE MERCURY. 99 from care-free preparation to responsibility and achievement. The habits and tendencies of youth are swept away, or trans-formed into fixed habits of character and manhood. Psychologists tell us that about the 19th year in one's life there comes a period which is marked by a cessation of growth for a time, sometimes to be resumed later. This seems to suggest that nature after having cast up the youth by a flood-tide on the shores of manhood, is a little exhausted and wants time for rest and readjustment. The advantages of size and strength begin to give way to those of the higher mentality, and the main current of evolution is turned thoughtward. The newly awakened feelings, impulses and ideals are being knit into individual character and personality. The dogmatic opin-ion and prejudices of youth are breaking down before the keener analysis and wider horizon of manhood. In this wider horizon the youthful complexity of nature vanishes and we catch glimpses of the great harmony'of the universe and come face to face with the mysteries of life. The importance of the transitional character of this period has not always been recognized. Too often it has been thought of as a period of seclusion and aloofness from the busy world of affairs. The indiscretions and misdemeanors of the College man been have excused and apologized for, too frequently, on this ground alone. We are beginning to see our mistake and perhaps the best evidence of our change of heart is the almost universal condemnation of hazing and horse-play engaged in by college men, and the action taken by some of our institu-tions of learning, particilarly by the United States government in the schools under its care. It is a step in the right direc-tion, but it is not enough. May we not hope that the time will soon come when we shall not only hold the college man strictly accountable for his acts, but shall treat him as a citizen and not as an irresponsible hermit, when we shall give him complete and rational systems of self-government in the class room and in the dormitory. For it is only by rational self-government that the cardinal virtues of self-control and self-direction are developed, and if they are not cultivated during this period of transition they may never be acquired. IOO THE MERCURY. TENNIS AS AN EXERCISE. L. W. T. '09. AS an exercise both of muscle and brain, the game of ten-nis is hardly excelled. It is in this form of sport and recreation that all the faculties are trained and developed more or less. There are chiefly three beneficial results besides many minor advantages derived from indulging in this- pleasure, namely.—quickness of thought, muscular control and muscular strength. Chief of these is rapidity of thought, that great quality so essential in the battle of life. To play tennis successfully, or rather, to play it at all, one must be ever on the alert, wide awake, and ready to seize any opportunity to score a point. And when the chance presents itself in the form of a lightning-like ball, he must decide on the instant how to act. In the twinkling of an eye he must conclude on the best and most advantageous way of returning the ball whether it shall be high, low, swift, slow, to the middle, the left or the right, curved or straight. All the conditions of the situation—the position of the players, the distance from the net, the force of the wind, perhaps, and many other details must be caught up, balanced and used to advantage in one sweeping glance of the eyes. The decision as to the best disposal of the ball having been made, then muscular control is the necessary quality for the carrying out of the plan. A novice at the game, in trying to return the ball, is pretty sure to knock it at random far out of bounds, no matter how carefully he endeavors to control him-self. This is due to the fact that his muscles have not been trained to the way in which he should handle his strength. He is unaccustomed to the slight twist of the shoulder, to the presenting of the surface of the racket at just the right angle, to the slight almost imperceptible swerve of the whole body, to the graceful side-step, and to the many other requisite move-ments, so minute, so delicate, as to be almost indefinable but which, nevertheless, every experienced player has felt himself un-con sciously perform, and which are, taken altogether, so impor- THE MERCURY. 101 tant. But now observe our former novice at some later time. See how he holds himself, how perfectly every muscle and every tendon is under the influence of his will. Deftly he strikes, now "cutting " the ball sending a most exasperating and tan-talizing slow curve up into the air, now driving it swift and hard at any desired angle, and again to all appearances, throw-ing all his strength into a vicious swing, only to drop the ball close to the net far out of his opponent's reach. All these tactics and many others he performs with such easy and grace-ful movements as to win the admiration of all spectators. And together with these other qualities, a certain very desir-able tenacity and litheness of muscle is acquired. It is true that huge bunches and knots of muscle and brawn are not de-veloped, but nevertheless, that more sought-for strength, the strength which draws the distinction between the racer and the cart-horse, the athlete and the laborer, the reserve strength which is denoted by an erect and graceful bearing is attained. In tennis the utmost activity of body is required. One must continually run forward and backward, bend and twist this way and that, and go through many other maneuvers which could never be give by gymnasium apparatus. Thus, is constantly being knitted a symmetrical and elastic set of muscles. We may say then in conclusion, that tennis is a most de-lightful and beneficial form of recreation, producing a clear head, a beautiful body, and a flow of clear, red blood, not to mention a deep sense of wholesome pleasure which it imbues. HIS APOLOGY. F. W. MOSER, '07. PAIR of eyes so soft and blue, With lashes of the raven's hue, And lips that matched in sweet repose The crimson of the blushing rose. A pair of overshoes, size three, Which none could wear but such as she, And now beneath the cushioned seat Reposed in safety at her feet. 102 THE MERCURY. Another maid beside the first Who seemed in pleasant thought immersed ; Hair black as night and midnight e3'es, A mirror for Venetian skies. A man of stalwart limb and frame, Whose deeds were not unknown to fame; But now in dreams his fancy ran To build a world within a span. And with a swish in top-notch style Maid number two rushed down the aisle, He roused and saw with read}' mind That she had left her shoes behind ; And, stooping with an eager face, He pulled the rubbers from their place, And rushing to the open door He flung them from the moving car. But hardly was the action done When up the aisle rushed number one, And in a chilling tone cried she " Those overshoes belonged to me." " Oh ! now ! I say ! can this be true ! '' Those overshoes belonged to you ? " What can I say ? Oh, don't you see ! "Oh, can you ever pardon me. The train dashed on, the moments sped, Until beneath the next dark shed The engine shot with direful shriek That brought a pallor to her cheek. But in a moment as before The crimson blood returned once more, And. that was all there was to see Of that most sweet apology. THE MERCURY. 103 •'OUR ENTRANCE INTO CITIZENSHIP," WITH VALEDICTORY. H. BRUA CAMPBELL, '06. NEVER at any time has the question as to what is the re-lation of the young man to his country and its institutions or in other words what are the duties and responsibilities which citizenship imposes upon the young manhood of our land, pressed upon us more insistently than at the present time. The age in which we are living is one characterized by great movements and vital problems, upon the successful solution of which our most complete growth and advancement is depen-dent. It would be difficult indeed to find an American today in whom there dwels not one vestige of pride in his country's institutions and whose heart does not expand at one time or another in the thought of his country's glorious achievements and still more splendid possibilties. But there is less likeli-hood that any American could be found with mind so narrow that he would refuse to admit that certain insidious and de-structive tendencies totally hostile to the best interests of true democracy, had crept into our government. Due to the " in-ertness and apathy " of a large number of citizens who are best fitted for the task of carrying on successfully affairs of gov-ernment, methods contradictory and subversive of democracy have been allowed to enter into our political system and abide there unmolested. The exposures of moral rottenness in pub-lic affairs and of political turpitude in city, state and nation have clearly revealed how true is the charge that machine politics and bossism have usurped and are continuing to usurp the field that of right ought to be controlled by forces of less selfish and more moral character and that the highest interests of the many are being sacrificed daily to the cupidity and lust for power of the few. Throughout this present period of startling revelations of the betrayal of public trust which have brought to light conditions that are of the gravest menace to our prosperity the inquiry has been advanced as to what is the remedy that will serve to ef-fectively heal the deep wound which civic corruption has caused in the body politic. And with startling unanimity 104 THE MERCURY. Comes the answer—Rouse the citizens from their political somnolency and the Republic is secure. The cure, therefore, lies in the interest which each man ought to manifest in the politics of his country, state and union by reason of the privi-leges he enjoys under the law and order which our political institutions vouchsafe to him. The responsibilities of citizenship strike with peculiar force the young men of today. The coming generation, clothed as it will be with " unprecedented privileges," is confronted with the obligation to cure some of the excesses of liberty which •mar our civilization. It has been well said that the first lesson a young man should learn in the principles of government is that national problems and public questions are his own per-sonal concern and responsibility and that he will have to answer for his conduct toward them as exactly as for his in-dividual moral behavior. He should appreciate thoroughly in the very beginning that the privileges of citizenship which he possesses have been secured not without terrific struggles against autocracy entrenched behind the fortified strength of centuries of existence and that they should be cherished and enjoyed as a priceless heritage—not spurned and disregarded for the sheltered cloisters of cultured ease. Our nation's hope, lies in the young men upon whom the burdenr. and responsi-bility of directing its affairs must at length rest and the young men should show their appreciation of this tremendous obliga-tion by a keen and intelligent interest in all matters politic. The earlier this interest is manifested, the more deeply will it become implanted, and at length, as Bishop Brent eloquently says, it will " fairly burn itself into flesh and blood, nerves and muscles, until the flame of patriotism is kindled in the soul and a citizen worthy of the name moves out into the nations need, equipped to wrestle with the problems and overthrow its enemies." Ah, when we come to think of what it actually means to be an American citizen, when we fully realize the na-tion's power and influence and the political freedom delegated to those under its flag we ought to firmly resolve ever to re-main true to the principles in which our country was founded, and whenever its principles and institutions are endangered to V' THE MERCURY. I05 battle for civic righteousness and put to flight those who seek to pervert its true destiny. The young men have it in their power to prevent those who seek to control politics for selfish ends from attaining their de-sire and it also lies with them whether the government be managed with regard only to the best interest of a majority of its citizens or whether it be run to benefit the privileged few alone. We thus see that a deep responsibility rests upon the citi-zens of this land—an obligation to manifest a vital interest in affairs of state, a responsibility which applies particularly to the young men of our country. But among these there exists a particular class—the college men—to whom goes out with especial force the clarion call to duty-—to meet the civic obli-gations and to assist in directing the management of political government be it in a lofty or lowly sphere. The college man is particulary fitted for an active participa-tion in civic affairs by reason of his collegiate training, and after graduation he should at once indentify himself with the work of promoting good government. Upon departing from college he is entering more largely into the active work of life. The •college man during his years of study has pursued in a some-what isolated way his course of intellectual training and now enters into the wider sphere of professional or business activity. His brain has not increased one ounce by his persistent search for knowledge but it has been so thoroughly disciplined that he can grasp more quickly and more comprehensively problems which would as a rule, defy the intellects of those not possessing the advantages of collegiate training. The scope of his perception has been vastly widened. It must be admitted that the college man, endowed as he is, ought to be a potent factor in the politics of a nation. And so he is, to a certain extent, but the opportunities still continue to beckon him, for all to often is he heedless of his duty and responsibility in this direction. He owes an especial debt to his country by reason of his superior endowment and yet how often does he repudiate the obligation and as a result, Justice, spurned by those who ought to defend her rule, must bow to the forces of Self-interest. io6 THE MERCURY. There is nothing from which the public suffers more today than the silence of its educated classes, that is, the small amount of criticism which comes from its disinterested sources. Educated men say very little about the question of the day but devote their time to science, literature and art or in the practice of their profession or conduct of business. The edu-cated man should, however, speak out upon matters of public interest if for no other reason than that he is peculiarly able to comprehend the right and wrong involved therein. As a writer puts it no educated man can talk intimately upon any subject without contributing something however small to the unseen forces which carry us on to our final destiny. College men are too oft drawn from the proper performance of their civic duties by the desire to follow peacefully and within the narrow confines perchance of their libraries a life of purely intellectual activity which withdraws them from their proper civic interests and lessens greatly their concern for the conduct of the affairs of their government. And it is to be deplored also that Corinthianism or in other words " the moral enervation and decadence that is born of the soft uses of prosperity " pre-sents a grave danger to our institutions. Adversity indeed has its uses; prosperity its perils. And it behooves the college man to beware of the luring voice which urges him so impell-ingly to forsake the true course of energetic devotion to duty and to endanger the frail craft of his life upon the Scylla of intellectual enervation or the Charybdis of moral decadence. It is inevitable that if the citizens of a nation are blind to all else but self, then the end will be corruption and death. The service which the college man renders his country of right ought to be unselfish. He ought to be thoroughly cog-nizant of the fact that there are things of far more importance than his own material advancement. It is this unselfishness which is so essential to true growth and if its spirit be im-planted in the breasts of the young men of today the strength of the nation will know no deterioration. And with regard to the attitude of the college man toward public affairs there is one quality which must be present and that is honesty—honesty of thought, word and deed. The world requires that only those THE MERCURY. I07 can serve her faithfully who are of integrity and firm moral purpose. There need be no complaint from the college man who feels his responsibility that there are no present opportunities for service to his nation—the opportunities exist in every place and sphere. " The time worn humdrum tasks of the older civili-zation with its painful and seemingly insoluble problems beckon," the undeveloped and partly developed land is calling to the able youth for aid, evils, social, political and moral re-quire those with the courage to stamp them out. Everywhere are opportunities ; where are the opportunists ? These are some of the responsibilities of citizenship which confront every college man of today. It lies with him whether he shall meet them courageously as befits a citizen not alone in name but in reality or whether he shall reject those privileges of free government . which alone make our nation a true republic. These are the civic responsibilities which confront the class of 1906 as it leaves behind it the college walls and enters other spheres of activity and let us hope that the class departs fully awakened to its obligations and fully determined to meet them intelligently and courageously. GENTLEMEN OF THE FACULTY : You may feel assured that the class of 1906 is fully aware of its obligations to you, an obligation so great that it can never be fully repaid. It appreciates to the fullest extent the sacrifices you have made upon the altar of scholarship and likewise your untiring energy and unremitting devotion to the task of so moulding the intellect ^ind character of its members that they may now go out into life fitted for careers of honor and usefulness. Your labor has been singularly unselfish, your concern alone having been to advance the best interests of each and every one under your instruction. And we are not insensible of the fact that the very pleasant relationship which has invariably existed between you, gentlemen, and the class of 1906 can be justly ascribed to your continued regard for its welfare and your unfailing courtesy to its members. Time cannot efface the impression which you have wrought upon us and years will not lessen our respect for the teachers of our college days. And so it is with deep regret that we arrive at ■M 108 THE MEKCURV. the parting of our ways and must reluctantly bid you farewell. FELLOW CLASSMATES : We are come where the paths of our lives diverge, and our thoughts at this moment are of a two-fold character. Our glance is turned retrospectively to the past four years, during which time we have walked together through the harvest-fields of intellectual effort, gathering in the products of our toil and stooping now and then to pluck the fragrant flower of whole-some pleasure. Ah ! they were indeed delightful years, full of brightest sunshine. And we recall with keenest pleasure how each passing year seemed to bring us more firmly together in a bond of loyal friendship, a bond which years of separation will vainly strive to sever. And the depth of our sorrow and regret in this hour of parting is tempered only by our gaze ahead where Hope clothed in glorious splendor stands with a smile of warmth upon her countenance beside the curtains which close from our sight the mysteries of the future. En-couraged by this inspiring vision we feel an eager longing to meet what lies before us, confident in our strength and as-sured that in the conflict we will conduct ourselves as befits noble men and women. It is eminently fitting that we should at this point in our journey look back upon the path traversed and then forward to where the attennated road fades from sight upon the plain or loses itself among "the purple peaks re-mote." Inspiration may be gained from either glance. But no matter with what eagerness we look ahead the porgnant grief of parting continues to be felt. We realize that no more will we meet as fellow-studeryts in the various class rooms or beneath the lofty trees which stand guard upon the campus with arms outspread above its green and beautiful expanse. We know that this hour marks the final time when we as a class shall stand together, and the fact that we throughout these years have moved on in continued good fellowship, ever with regard and affection toward one another seems to make the parting even more painful. But we cannot dwell to long, my classmates, upon words of farewell. And so full of confi-dence in your ability to successfully cope with life's responsi-bilities and implicit faith in your ultimate success, I bid you God-speed. ■ 1- THE MERCURY. THE OLD DORM IN THE MOONLIGHT. ROE EMMERT, '06. 109 H v : AVE you seen the Old Dorm shining in the moonlight; And the silver softly sifting through the trees ? Have you heard the fellows singing on the Dorm steps ; And the mandolins a'tinkle in the breeze ? Ah, fellows, on the campus in the moonlight You can hear the sweetest music ever sung, And see beauties that surpass the Grecian sculpture, Whose praises in our ears have ever rung. And fellows, do you ever stop to listen, When they play the mandolins upon the steps? Does your better nature swell and sway within you ; Do the songs of this old College stir its depths? Do you ever watch the Old Dorm in the evening, When the lights begin to flash out one by one Like the eastern stars burn out upon the heavens, Upon the glorious setting of the sun ? And when the lights have dropped away at midnight, And the moonlight sheds its brightness over all ; Do you ever stand and gaze in silent rapture At the grandeur of this old and noble hall ? Ah, fellows, how we love this old white building With its mighty columns, beautiful and strong, With its memories, haunting every nook and corner ; It has been our second home place for so long. Too soon we'll leave this grand and noble College, And leave behind this long familiar hall, But the picture that we'll always carry with us Is the Old Dorm and the moonlight over all. no THE MERCURY. THE SCENERY ABOUT MILLERSBURG, PA. G. L. KlEFFER, '09. 4 while he gazed off to the town on the hill in a manner which bespoke satisfaction and contentment. Overhanging all I be-held the crimson sun sinking as a fiery ball behind the moun-tains, a little to the north of the vertex of the angle, pointing out the very trees upon its summit as sentinels of this majestic scenery. And overhanging all was the white and crimson sky as a halo. Satisfied with the employment of my leisure time I wended my way to the station and pursued my journey as in a dream. -A.: 112 THE MERCURY. HOME SWEET HOME. J. EDWARD LOWE, '06. MR. J. HOWARD PAYNE whom we admire and rev-erence so much was homeless. In his weary and soli-tary walk on the farm of Mr. Talbot, his friend, he stopped to rest under a large chestnut tree near the brink of the Po-tomac, a mile south of Washington. While sitting there he became unconscious of his environments, the verdure of the beautiful terrace sloping down towards the Potomac river, was lovely to behold, but he saw it not. He was deeply involved in spiritual themes. While in his concentrated, emotional and imaginative state of mind, he wrote those beautiful and mem-orable words, that will vibrate in human minds throughout eternity. " 'Mid pleasures and palaces though we may roam, Be it ever so humble, there's no place like home ; A charm from the skies seems to hallow us there, Which, seek thro' the world, is ne'er met with elsewhere." " Home, home, sweet, sweet, home, There's no place like home, Oh, there's no place like hcme." There is something in the word home, that wakes the kind-liest feelings of the heart. It is not merely kindred and friends who render this place so dear; but the very hills, rocks and rivulets throw a charm around the place of one's nativity. It is no wonder that the loftiest harps have been turned to sing of " Home Sweet Home!' The rose that bloomed in the garden, where one has wondered in early years, a thoughtless and innocent child, careless of what its future may be, is lovely in its bloom, and lovelier in its decay. No songs are sweet like those we heard among the boughs, that shade our parent's dwelling, when the morning or the evening hour found us as gay as the birds that warbled over us. No waters are so bright and clear as the silver streams that wind among the flower decked knolls, where in adventur-ous childhood we so often strayed to pluck the violet or lily, or to twine a garland for some loved school-mate. Your dreams of reputation, your swift determination, your ^". piai >i> mr-.iMi THE MERCURY. 113 impulsive pride, your deep uttered vows to win a name, will all sober into affection ; will all blend into that glow of feeling, which finds its center, hope, and joy in home. From my soul, I pity him whose heart does not leap at the mere sound of the name. A home ! It is the bright, blessed, adorable phantom, which sits highest on the sunny horizon that guideth life. It is not the house, though that may have its charms ; nor the fields carefully tilled, and streaked with your own foot-prints ; nor the trees though their shadows be to you, like that of a great rock in a weary-land ; nor yet is it the fire-side with its sweet blaze play; nor the pictures which tell of loved ones; nor the cherished book ; but far more than all these, it is the presence. The altar of your confidence is there; the end of your worldly faith is there. Adorning all these, and sending your blood in passionate-flow, is the ecstasy or con-viction, that there at least, you are beloved; there you are un-derstood ; there your errors are all met with gentlest forgiv-ness ; there your troubles will be smiled away ; there you may unburden your soul, fearless of harsh unsympathizing ears and that there you may be entirely and joyfully yourself. We may wander away, and mingle in the world's fierce strife, and find new associations, and friendships; and fancy we have almost forgotten the land of our birth ; but at some evening hour, as we listen to the autumn winds, the remem-brances of other days come over our souls, and fancy bears us back to childhood's scenes. We roam again the old fami-liar haunts, and press the hands of companions, long since cold in the grave; and listen to voices we shall never hear on earth any more. The American-trooper who is borne away to the green isles of the Pacific, weeps when he thinks of home, and sighs and pines for the vine-covered cottage beyond the sea ; though the hand of time may have faded his ebon locks, and care plowed deep furrows on his brow, and his heart has been chilled by the fierce winds of the typhoon, till the fountains of his love have almost ceased ; yet upon some summer's evening as he looks upon the sun sinking behind the western hill, he will ! 114 THE MERCURY. think of home, his heart will yearn for the loved of other days, and his tears will flow like the summer's rain. After long years of absence the heart of the wanderer beats, and his eyes fill, as he catches a glimpse of the hills of his nativity. When he has pressed the lips of a brother or sister, how soon does he hasten to see if the garden, the orchard and the stream look as in the days gone by ? We may find climes as beautiful, skies as bright, and friends as devoted ; but all these will not take the place of home, the dearest spot on earth. o SAVED BY GRACE. '08. N a hillside, about one mile west of Gettysburg, a vine-yard was conducted by a man who was very well-known to the present and many of the past generations of students. From the product of this vineyard, the owner packed and shipped to various markets the greater portion of the grapes, while he manufactured wine from the poorer quality and sold it in the unfermented form to many of the students and towns-people. The plot of ground on which the vineyard and the home of the farmer were located, consisted of about six acres. The west and north sides were bounded by woodland, while the southern and eastern limits were marked by two country roads. At the junction of these roads, in the southern corner of the farm, a cottage stood, and directly back of this was a small barn. There were also numerous other buildings necessary to complete the fixtures of a small farm. In the family there were only three people, the father, mother and a daughter, who at that time was in her eighteenth year. The father was an eldery looking man of fifty-five, his form showing the results of many years of hard work ; his wife, a woman of small build and plump form ; the daughter, a tall graceful girl, with black shining hair, brown eyes and a fair skin. She was beautiful to look at and of a kind and - "^_^.^.^.-.-M- rflWWi^iHWW "■■! »M| 'I THE MERCURY. us pleasing disposition, proving decidedly the watchfulness under which she was reared by her fond parents. As has been stated in the beginning of our story, the scene is laid near the historic town of Gettysburg, which is almost surrounded by the hills and mountains where was fought the decisive battle of our great Civil War. In the village is located Pennsylvania College, a Lutheran Institution founded early in the nineteenth century. Many men have been graduated from this college, who have made for themselves places of promin-ence in all avenues of life. Among all the students who at-tended this institution during the time in which the vineyard flourished, few indeed there were who did not visit the grape farm, and who were not well acquainted with the farmer and his family. Undoubtedly many of the students were honest enough to purchase what they wished, either of grapes or wine, but it also stands that many of the students made unlawful visits to the vineyard. It was the result of such a visit that brings us to the. interesting part of our story. On an early autumn evening, several young men, students in the college, were gathered in a room, all overflowing with mischevous ideas. Not a few suggestions were made as to what they should do, but all seemed undecided as to which idea would be best to follow, until a visit to the vineyard was proposed. The vote was unanimous that three of the " Boys" should leave promptly at eleven o'clock for the farm, and that without fail a plenteous supply of the fruit should be brought in. At the appointed time, Bob Stewart, Jack Wills, and Tom Bonner met on the campus, and in a short time were on their way. After walking for about a half hour, during which period they had almost encircled the small farm, the trio made ready to enter the vineyard from the west side. One of the number, Tom Bonner, was sent to a spot, within a hundred yards of the house to stand guard while Bob and Jack filled the bags with grapes. Everything ran smoothly until all were ready [or the departure, when all of a sudden, Tom was seized by a strong pair of hands and was commanded to make an ex- u6 THE MERCURY. planation of his presence in such a place at that hour of the night. Tom was completely unnerved, and during the time he was recuperating from the shock, Bob. and Jack made their escape, leaving their plunder behind. After a short while, Tom gathered enough courage to tell, in broken sentences, a falsehood, which he thought would set him free. The result, however, was to the contrary, for his captor, who was no other than the farmer, compelled him to accom-pany him to the house. Here he was held until morning, as it was the full intention of the owner of the vineyard to turn him over to the proper authorities. Tom passed a very rest-less night; but how could one do otherwise, especially one whose imagnative power had already landed him in prison. Early the next morning, the farmer with his family called Tom. before them. He was told in plain words what was to be done. The farmer accused him of being the person who had been robbing him for sometime. This made things all the more serious, and under the strain of a restless night, together with the relization of what he had imagined during the hours he spent in captivity, Tom broke down completely. He sobbed and cried bitterly, thinking of the foolhardy expedi-tions young fellows often take, and of the disgrace which would surely befall his name and family. The farmer and his wife had gone about their early morning duties and Tom was still hoping and praying against what seemed almost inevitable, when the daughter, Grace, walked into the room, and without the slightest hesitation tried in her girlish way to console him. Her efforts worked admirably, for in a short time our hero was instilled with new hope. He confessed all to Miss Grace, and it was with no little sincerity that she promised to save him, if possible, from-the dishonor which he felt sure would come. It was only a few minutes after Grace had left Tom that the farmer entered the room and commanded him to make the necessary preparation for the trip to town. In the meantime Grace had convinced her mother that Tom was, as all boys are apt to be, mischevious, and that he should not be punished for this, which she felt sure was his first offense. THE MERCURY. 117 All was in readiness for the start; the team was standing by the gate, and the farmer with his captive had just left the house and was walking toward the conveyance, when Grace called to her father. He stopped, but little did he suspect what her in-tention was, and before he had time to think, Grace begged and plead in her own effective way, for her father to change his plan. She confronted him with one argument after another, the principal ones being these: That undoubtedly it was Tom's first offense of such a serious nature; furthermore she asked her father what he should hope for, were a child of his ever to be found in a like predicament. Grace's father saw things in a different light and instead of bringing Tom to town and placing him in the hands of the law, he was driven up to the entrance of Old Pennsylvania Hall. The farmer gave Tom all the grapes his companions had gathered the night before and the privilege of the vine-yard whenever he wished. He was also asked in a very urgent way, to visit the family. It is needless to say, after Tom's most pleasant experience with Miss Grace, that he took advantange of the invitation. His visits were made often, and it seemed as though the more frequent they became, the still more frequent Tom wished them to be. The two young people grew to be the best of friends, and it was only a short time after his graduation from Penn-sylvania College, that the expedition on which he had started one autumnal eve, was brought to a close by his marriage to Grace. Often now as Tom and Grace sit in their cozy home, with children romping about them, do they speak of Tom's trip to the vineyard and its happy ending. THE MERCURY Entered at the Postoffice at Gettysburg as second-class Matter Voi,. XIV GETTYSBURG, PA., JUNE, 1906 No. 4 Associate Editors GEO. W. KESSLER, '08 J. K. ROBB, '08 EDMUND L. MANGES, '08 Advisory Board PROF. J. A. HIMES, LITT.D. PROF. G. D. STAHLEY, M.D. PROF. J. W. RICHARD, D.D. Editor-in-ch ief WARD B. S. RICE, '07 Exchange Editor THOS. E. SHEARER, '07 Business Manager THOMAS A. FAUST, '07 Ass't Bus. Managers. HENRY M. BOWER, '08 H. WATSON DAVISON, '08 Published each month, from October to June inclusive, by the joint literary societies of Pennsylvania (Gettysburg) College. Subscription price, one dollar a year in advance; single copies 15 cents. Notice to discontinue sending the MERCURY to any address must be accompanied by all arrearages. Students, Professors and Alumni are cordially invited to contribute. All subscriptions and business matter should be addressed to the Busi-ness Manager. Articles for publication should be addressed to the Editor. Address THE MERCURY, GETTYSBURG, PA. EDITORIALS. SENIOR FAREWELL. The time has again arrived L=JUf3f===4 '-—I f°r tne graduation of another class from our college. The MERCURY staff deplore the fact that we must bid farewell to the Seniors—you who have aided us so much by your advice and kindly criticism ; but most of all by your literary contributions. We will feel your loss keenly,^but sincerely hope that as you depart from our Alma Mater your interest in the Literary aawww.iili 11 in iwip'mi' «ni|n / THE MERCURY. 119 Journal, whose standard you have done so much to maintain, will not cease, and that you will continue to give us your aid. An article or two from our alumni in each edition adds dignity to the paper, and insures the student body and the alumni that you are still interested in the welfare of your College Journal. Not only do the students enjoy reading the articles of our alumni, but they become more desirous of producing a writing worthy of publication in the same paper. Since we know your time for departure has come, and that you have reached the coveted goal, and are now ready to en gage in the real battle ot life, we bid you God-speed, and hope each member of the class of 1906 has chosen a vocation that will be a source of continual pleasure to him. Sincerely, " THE STAFF." REVIEW. We now stand at the close of another college year ; a year has past that will never return; we have passed through a stage of our college course which we shall not ex-perience again, however much we may wish to do so at a future time. We hope that they are not among us, who can not say that this was the best year of their lite. If there should be those who can not say this, surely their environment this year has not affected them ; either the individual did not have the capacity, or the spirit too weak, for doubtless it was present, as a slight glance backward will readily show, from the very beginning until this the end. In truth this has been the condition all over our fair land, but especially we can say this of our own dear Alma Mater. This year she has enrolled more students than ever before—men who promise to support high purposes and to make real men. Also she has played no little part in the intellectual realm. Her students have main tained a high standard of scholarship; they have shown an unusual interest in matters of inter collegiate as well as collegi-ate concern; in almost every literary pursuit a new standard has been set up. Not only along intellectual lines has she been so successful but physically as well. Her athletic teams 120 THE MERCURY. deserve the highest praise; they have not only borne the flower 'bt victory from the accustomed places, but have cap-tured new" trbphies with which they adorn the fond days of old. 'So Without hesitation we can say that this year has been a' grand success, but our ideal has "not yet been realized, there-fore, let each one come back next year with a stout determi-nation to reach higher. The very fact that we have your subscription To THE ALUMNI. , , . • , . * , i shows that you are interested in us, but we would more than appreciate an article from your, or a word of criticism. It is our constant aim to improve our paper and we' believe that you can . help us. We sincerely hope that you Will not forget this, arid that' when we g'o to make up the •October issue we will find some alumni contributions. ■:■ EXCHANGES. . ■ . Our exchanges all put in their appearance'in due time this mon'th, some in bright new spring attire and the others in their regular dignified garb. All are full of the spirit of springtime and commencement. The Havetfordian still maintains its high standard from month to "month. The newly installed Board of Editors in forming its policy has considered the advisability of publishing a monthly literary journal and a bi-weekly newspaper instead of the present combined monthly, and has decided that such a change cannot be made at present. However after the June issue there will be no Exchange Department, that space being devoted to the Alumni and College Departments. The Owl published by the students of Temple College, Phila-delphia, is now one of our exchanges. The May number is the second issue and does entire credit to its Board. We par tjcularly admire the drawings in the different departments. As we close our Exchange Column for the year, we wish to thank pur contemporaries for their kind commendation and criticism of our work, and we wish to assure them that we have enjoyed and profited by the results of their labors. We wish you all a happy and successful vacation. PATRONIZE OUR ADVERTISERS FURNITURE Mattresses, Bed Springs, Iron Beds, Picture Frames. Repair Work done promptly. Under-taking a specialty. * Telephone No. 97. EE. IB. Bender 37 Baltimore St., Gettysburg, Pa. The Windsor Hotel 1217=2 Filbert St., Philadelphia. Headquarters for Students. Thoroughly Renovated, Refurnished and Remodeled FRANK M. SCHEIBLEY, Manager. Graduate of Lafayette College 1898. A. G. Spalding & Bros. LargeJt Manufacturers in the World of Official Athletic Supplies Base Ball Lawn Ten is Foot Ball Archery Roque Quoits Cricket ! Lacrosse Golf Implements for al Sports Spalding's Official Base Ball Guide for 1906. Edited by Henry Chadwick. The most complete and up-to-date book ever published on the subject. Fully illustrated. Price 10 Cents. For over a quarter of a century Spalding's Trade-Mark on Base Ball implements has marked the advancement in this particular sport. Spalding's Official League Ball is the adopted ball of the ■National League, and must be used in all match games. Every requisite for Lawn Ten-nis and Golf. Spalding's Trade Mark. on our Athletic Implement gives you an advantage over the other player as you have ^better article, lasts longer, gives more satisfaction. Every Base Ball Manager should send at oncefor a copy of Spalding's Spring and Sum-mer Catalogue—FREE. A. G. SPALDING The Peoples Drug Store-invites you to visit them and select your needs from a fresh, new, and up-to-date stock. C. WM. BEALES, Ph.Gr., Prop. D. J. Swartz Dealer in Country Produce Groceries Ciprs ani Tobacco GE TTYSBURG. Shoes Repaired —BV— J. H- BA^ES, 115 Baltimore St., near Court House. Good Work Guaranteed. WEBSTER'S JNNTTEERTM? DICTIONARY RECENTLY ADDED, 25,000 NEW WORDS and PHRASES| New GazetteeroftheWorld. New Biographical Dictionary. 2380 QUARTO PAGES. DOOO ILLUSTRATIONS. Editor in Chief, W. T. HARRIS, L.L.D., U.S. Com.ofEdu. GRAND PRIZE, WORLD'S FAIR ST. LOUIS FREE,"Dictionary "Wrinkles." Also pamphlet. G. & C. Merriam Co., Springfield, Mass. GET THE BEST WEBSTER'S INTERNATIONAL! DICTIONARY .J OTHWaaOTOP** -•**">""" ""->' PATRONIZE OUR ADVERTISERS. fc. r EMIL ZOTHE COLLEGE EMBLEMS Engraver, Designer and Manufacturing Jeweler, 716 CHESTNUT STREET, PHILADELPHIA. Specialties: Masonic Marks, Society Badges, College Buttons, Pins, Scarf Pins, Stick Pins and Athletic Prizes All Goods ordered through F. A. Faust. Picture Frames of All Sorts. Repair work done promptly. $3?I will also buy or exchange any second-hand furniture 4 0hambersburgSt., GETTYSBURG, FA. Sunday School Lesson Helps and Supplies. P. ANSTADT & SONS PUBLISHERS BOOK AND JOB PRINTING OF ALL KINDS Write for Prices. YORK, PA. Our Microscopes, Microtomes, Laboratory Glass-ware, Chemical Apparatus, Chemicals, Photo I Leases and Shutters, Field Glasses, Projection I Apparatus, Photo-Micro Cameras are used by I the leading Lab-«^B^HMKI oratories and I Gover'nt Dep'ts fffe 53 Round the World | SCOPES Catalogs teg Iff Pree Bausch & Lomb Opt. Co. I ROCHESTER, N. Y. LNewYork Chicago Boston Frankfurt. G'yJ PATRONIZE OUR ADVERTISERS. I HOTEL GETTYSBURG HEADQUARTERS FOR BANQUETS. Electric Lights, Steam Heat, All Conveniences. Free Bus to and from station. Convenient for Commencement Visitors. RATES ®S3.00 PER DAY. X+±-v