Suchergebnisse

Broadside announcing resolutions from a town meeting held in Norwich, Vermont, on 28 August 1827. ; TO THE PUBLICK. At a meeting of Freemen of the town of Norwich, holden pursuant to publick notice at the centre meeting-house in said Norwich, on the 28th day of August, 1827; the following preamble and resolutions were reported by a committee, appointed for that purpose, and adopted by the meeting. Feeling deeply sensible of the truth and importance of these principles of our consti­tution, "That all elections ought to be free and without corruption; and that a firm ad­herence to justice, moderation, temperance, industry and frugality, are absolutely neces­sary to preserve the blessings of liberty, and keep government free and considering it to be the right and duty of freemen to meet and deliberate on publick concerns-to care­fully examine the character and conduct of candidates for publick offices-freely and pub­licly to express their opinions, and guard against every thing that tends to impair the first principles of free government. Therefore, Resolved, That we have seen with concern and regret, the uncommon exer­tions that have been made in this town, for several years past, by publick and private treating with spirituous liquors, by loans of money and other like means, by appointing Justices of the peace to an extent which the publick good does not require, apparently de­signed to influence and control the votes of the Freemen in the choice of a representa­tive to the General Assembly, Resolved, That we consider such practi­ces to be contrary to the spirit and intent of the law and constitution of this state, and es­pecially at the present time when so great exertions have been made, and are making in our country, to suppress and prevent in­temperance, idleness, and vice of every kind } we consider the practice of treating at elec­tions of civil officers, to be peculiarly improp­er, and dishonorable to those who encourage it. Resolved, That we feel it our duty to dis­countenance all proceedings of this nature, and by all lawful means to oppose the elec­tion of any person as our representative, who has or may attempt by such means to influ­ence or control the votes of the electors. Resolved, That we consider two or three years in succession, a sufficient time for any person to represent us in the General Assem­bly, and according to the present incumbent's views on the subject, he has no claims on the freemen any longer. Resolved also, That we have entire confi­dence in the talents and integrity of the men who now administer our General Govern­ment, and we firmly believe that the meas­ures proposed by them and their friends, for encouraging and protecting the manufactures and industry of our country, are essential to its prosperity, and we consider it important that our representative to the General As­sembly should be a sincere friend and suppor­ter of the men and measures of the present administration. And resolved that we earnestly request our fellow citizens, to attend punctually at our next Freemen's meeting and give their votes as their consciences may direct them, without fear or favour of any man. By order of the meeting, PIERCE BURTON, Chairman. JOHN SLAFTER, Clerk.

Benjamin M. Tyler writes from Andover, New Hampshire, to Alden Partridge in Norwich, Vermont, seeking employment at the American Literary, Scientific, and Military Academy in Middletown, Connecticut; he also asks for a letter of recommendation as he and Horton (Valentine Baxter Horton?) wish to survey canal routes in New Hampshire; mentions a route he surveyed for a proposed canal from Sunapee Lake to the Merrimack River. ; Transcription by Joseph Byrne. Transcriptions may be subject to error.

Inserta: 1. [Plano director]. - 17 x 17 cm. 2. "Plano de las Rias del Ferrol, Coruña y Betanzos". - 17 x 23 cm. 3. "Plano de la Ciudad y Puerto del Ferrol". - 17 x 16 cm. 4. "Plano de la Ciudad y Puerto de San Sebastian". - 17 x 13,5 cm. 5. "Plano de la ciudad de Santiago de Galicia". - 17 x 11,5 cm. 6. "Plano de Toledo". - 17 x 15 cm. 7. "Plano de Badajoz". - 17 x 13,5 cm. 8. "Plano de Tarragona". - 17 x 11,5 cm. 9. "Plano de Valladolid". - 17 x 14,5 cm. 10. "Plano de Burgos y de sus Cercanias". - 17 x 17 cm. 11. "Plano de Alicante". - 17 x 10 cm. 12. "Perfil de la Peninsula Española segun la Direccion S.E-N.O. Desde la Costa de Valencia hasta la de Galicia / Por el Bn. A. de Humboldt" ; "Perfil de la Peninsula Española segun la Direccion S.O-N.E. / Por Bn. A. de Humboldt". - 18 x 21 cm. 13. "Plano de Sevilla". - 16,5 x 16,5 cm. 14. "Plano de Merida". - 16,5 x 10,5 cm. 15. "Plano de Tarifa y de su Isla". - 11 x 11 cm. 16. "Plano de Murviedro o Antigua Sagunto". - 5,5 x 10,5 cm. 17. "Plano de Cadiz". - 16,5 x 17 cm. 18. "Plano de la Bahia de Algeciras y Gibraltar". - 16,5 x 13 cm. 19. "Plano de Gibraltar". - 16,5 x 13 cm. 20. "Plano del Puerto de Mahon y su Costa desde Cala Mesquida hasta Cala Españador". - 16,5 x 14,5 cm. 21. "Plano de Tudela". - 9 x 11,5 cm. 22. "Plano de Mahon". - 7,5 x 11,5 cm. 23. "Plano de Zaragoza". - 16,5 x 16,5 cm. 24. "Plano de Lerida y sus cercanias". - 16,5 x 17,5 cm. 25. "Plano de Oporto". - 16,5 x 20 cm ; Inserta en la hoja suplemento: 1. "Plano de Barcelona con su Ciudadela y Barceloneta". - 24 x 28,5 cm. 2. "Plano de la Ciudad de Valencia". - 14 x 18 cm. 3. "Plano de la Ciudad, Puerto y Arsenal de Cartagena". - 18 x 18 cm. 4. "Plano de Madrid y de sus Cercanias". - 28 x 34 cm. 5. "Plano de Ciudad-Rodrigo". - 13 x 9,5 cm. 6. "Plano de Tortosa". - 13 x 9 cm. 7. "Plano de Oviedo". - 7 x 10 cm. 8. "Plano de Denia". - 6 x 11 cm. 9. "Plano del Puerto de Cadiz y de sus Cercanias". - 16,5 x 30 cm. 10. "Plano de Granada". - 22 x 16 cm. 11. "Plano de la Ciudad de Lisboa". - 26 x 34 cm ; Escala expresada en otras unidades ; Márgenes graduados. Dibujados meridianos y paralelos formando cuadrícula. - Relieve representado por normales y sombreado. - Red hidrográfica y de caminos. - Abundante toponimia. - Clave por símbolos. - Indicados con números los distritos. - Divisiones administrativas diferenciadas por líneas de color. - Toda la costa sombreada con un fino rayado imitando olas ; Todas las hojas llevan un título en la parte superior: H. 1: "Galicia, Asturias, León, Castilla la Vieja". H. 2: "Vizcaya, Navarra, Aragon, Cataluña". H. 3: "Castilla La Nueva, Mancha, Estremadura, Cordoba, Portugal". H. 4: "Cuenca, Murcia, Valencia, Baleares". H. 5: "Algarbe, Andalucia, Granada". H. 6: "Suplemento á los planos de ciudades para el Mapa de España en seis partes, impresas en papel llamado Aguila, por D. A. Donnet" ; En el margen inferior izquierdo de la hoja 5: "Gravé par les frères Malo Rue des Grès Nº 10, près la Sorbonne" ; El mapa se encuentra rodeado por una orla tipográfica a modo de marco

Memorial from the trustees of the American Literary, Scientific, and Military Academy asking Congress for aid and describing the removal of the Academy from Norwich, Vermont, to Middletown, Connecticut in 1825. ; To the Senate and House of Representatives of the UNITED STATES in Congress assembled. THE TRUSTEES OF THE AMERICAN LITERARY, SCIENTIFIC, AND MILITARY ACADEMY, ESTABLISHED AT MIDDLETOWN, IN CONNECTICUT, RESPECTFULLY REPRESENT:— THAT this Institution which was established at Norwich, in Vermont, about five years since, under the su- perintendance of Capt. ALDEN PARTRIDGE, was removed to this City during the last year ; that sin eligible situa¬tion has been purchased, and buildings sufficient for the accommodation of about two hundred and fifty Cadets have been erected at an expense of about thirty thousand dollars ; that this sum has been raised by the voluntary con¬tributions of individuals in this and other towns in the vicinity, and by a grant from the town of Middletown, and that a Charter of Incorporation has been granted to the Institution. The distinguished reputation of the Superin- tendant, and the high approbation which his system of education and discipline have received ■ have placed under his care a much larger number of youths than the buildings are sufficient to accommodate. Applications for ad¬mission are frequent; and an increased number in the approaching spring are expected. These are from all parts of the United States. This fact induces the Memorialists to apply with confidence to the General Govern¬ment for aid to support and extend the usefulness of an Institution, and a system of instruction and discipline, which are justly considered national in their principles and objects ; not less than in the patronage they have re¬ceived. To the attainment of these objects, additional Buildings ; a Library; Apparatus for Chemical, Philoso¬phical and Astronomical observations and experiments ; and a competent fund, are indispensable. To supply these deficiencies, the Institution is destitute of resources* In addition to the direct and immediate benefits which the Institution, and those connected with it, would de¬rive from the supply of these wants, the Memorialists respectfully suggest the following considerations* The system of instruction and discipline, on which this Institution is founded, combines with mental cultivation, the full developement of the physical powers* While a knowledge of military science is acquired ; soundness of health and constitution is promoted and confirmed by frequent, regular and athletic exercise. The Cadet is ha¬bituated to an accurate knowledge, and strict performance of the rights and duties incident to his situation* These acquisitions, scarcely less important to the man of business, than to the soldier, must be considered peculiarly congenial to our republican government; founded on the intelligence and virtue, and sustained by the energy of character of the citizens ; and to be defended by their skill and bravery* The general diffusion of Military Science upon the principles adopted in this Institution would afford to the militia and their officers an opportunity to acquire with little expense of time or money a competent knowledge of their duty ; for which the greatest personal bravery is an inadequate substitute. A knowledge of Civil Engineering, a branch of science which is indispensable to the success of the great cause of Internal Improvements ; the importance of which is every day rising in public estimation ; constitutes a leading object of instruction in this Institution* With the aid which the Memorialists solicit, a considerable proportion of those who may be desirous to engage in the Military or Naval service of the United States, may receive at this Institution, a thorough Scientific, Mili* tary and Naval education. From this source an immense advantage, at a comparatively small expense, would re suit to the government, and the country ; to afford which, the military and naval Academies which are or maybe established and supported by the government, are and probably will continue to be inadequate* Impressed with the importance of extending to every part of the Republic, the benefits of this system of educa¬tion ; and fully sensible of the advantage which it cannot fail to derive from the patronage of Government; the Memorialists in making this application for aid to maintain and extend the usefulness of this first Institution of the kind established in the United States 5 anticipate with great satisfaction, the beneficial effects which will result from its success and prosperity to our common country. They therefore pray that the principles of this Institution, and the probable effects of this system of education upon the public welfare, may be investigated 5 and if found deserving of the patronage of the government of a free people ; that such aid may be afforded to the Institution as shall accomplish the objects proposed ; and in such manner as the wisdom of Congress may deem expedient. Dated at Middletown, January 9th, A. D. 1826 Signed by order and in behalf of the Trustees, GEORGE W. STANLEY, Secretary. STARR & NLLESR….PRINT.

Morillo a Sámano sobre lo comunicado por Warleta acerca de ciertas listas de contribuyentes, que serán publicadas en la Gaceta del Nuevo Reino. Sogamoso, 16 de diciembre de 1816.Morillo a Sámano sobre lo acaecido al Teniente Coronel Simón Sicilia y Capitán Diego Guas con los insurgentes de los pueblos de la Fundación, Barro Blanco, San Pedro y Apiay, quienes han robado los caballos que los oficiales realistas conducían para el Ejército, y medidas a tomar ante tal situación. Sogamoso, 4 de diciembre de 1816.Morillo a Sámano sobre lo comunicado por el gobernador del Socorro acerca de que en las montañas de Opa se halla un tal Delgadillo, famoso insurgente, con otros siete u ocho, y resolución tomada por el Capitán General; Escuadrones de Leales de Fernando VII que se hallan en Puente Real. Sogamoso, 5 de diciembre de 1816.N.° 1. Morillo a Sámano avisándole que debe enviar la correspondencia numerada. Sogamoso, 6 de diciembre de 1816.N.° 2. Morillo a Sámano para que se sumarie a un Capitán del l.er Batallón del Rey que está de Comandante Militar en Nare, por sus actuaciones. Sogamoso, 9 de diciembre de 1816.N." 3- Morillo a Sámano remitiéndole a los presos comprendidos en el asesinato del Capitán de Guerrillas y soldados en el Basto, ínterin se substancia la causa que se ha remitido al Gobernador de Pamplona.Sogamoso, 11 de diciembre de 1816.N.° 4. Morillo a Sámano para que remita la causa sentenciada contra Antonio Malo. (Sogamoso, 12 de diciembre de 1816.) N.° 5. Morillo a Sámano sobre el nombramiento del Coronel Francisco Werleta para reemplazar al Mariscal de Campo Pascual Enrile como Jefe del Estado Mayor General. Sogamoso, 16 de diciembre de 1816. Otro con la misma fecha y en carta particular sobre la falta de noticias de la Compañía de Tambo.N.° 6. Morillo a Sámano sobre Gabriel Pachón, avecindado en SantaFe, para confiscar sus bienes y apresarlo. Sogamoso, 16 de diciembre de 1816.N.° 7. Morillo a Sámano remitiéndole las listas de las contribuciones de Antioquía y Popayán, para que se publiquen en la Gaceta de Santa Fe. Sogamoso, 16 de diciembre de 1816. k) N.° 8. Morillo a Sámano avisando el destierro al Tambo de seis sargentos primeros y uno segundo. Sogamoso, 18 de diciembre de 1816. I) N.° 9. Morillo a Sámano comunicándole que remita las caballerías del Valle de Neyva, y que Lucas González quede de Gobernador en Tunja, y formará una compañía con los que salgan del hospital. Sogamoso, 18 . de diciembre de 1816.l) N.° 10. Morillo a Sámano para que envíe los papeles de Isidro Villamizar. Sogamoso, 19 de diciembre de 1816. m) N.° 11. Morillo a Sámano para que los caudales de Antioquía se envíen a Cartagena y se remitan a Lima, al Cuartel General. (Sogamoso, 19 de diciembre de 1816.) n) N.° 12. Morillo a Sámano remitiendo al presidio de Santa Fe a Bernardino Pradilla. Sogamoso, 20 de diciembre de 1816. o) N.° 13- Morillo a Sámano enviando en calidad de preso al Ca déte Manuel Villalón, mientras se substancia la sumaria que se remitió al Gobernador del Socorro. Sogamoso, 20 de diciembre de 1816.p) N.° 14. Morillo a Sámano remitiendo ejemplares de varias Reales Ordenes para publicarlas en la División de su mando. Chita, 26 de diciembre de 1816. q) N.° 15. Morillo a Sámano devolviendo varias causas de purificación, que deberá aprobarlas el Virrey del Reino. Chita, 26 de diciembre de r) N.° 16. Morillo a Sámano acompañando una instancia de la Marquesa de Torre-Hoyos, de Mompox, en que solicita se le devuelvan varias cargas de tabacos y otros efectos que le embargaron en Honda. Chita, 26 de diciembre de 1816. s) N.° 17. Morillo a Sámano sobre el desertor Fernando Guzmán. Chita, 26 de diciembre de 1816. t) N.° 18. Morillo a Sámano devolviendo la causa formada a José Antonio Borrero, y sobre el cese del Consejo de Purificación. Chita, 26 de diciembre de 1816.u) N.º 19. Morillo a Sámano sobre la causa impuesta por el Consejo de Popayán a José M.a Aguilar. Chita, 26 de diciembre de 1816. v) N.° 20. Morillo a Sámano para que no remita más asuntos gubernativos y civiles, y sólo lo relativo al Ejército y operaciones militares, lo demás al Virrey. Chita, 27 de diciembre de 1816. x) N.° 21. Morillo a Sámano sobre la situación que las tropas de su mando deberán mantener en las provincias que indica: Santa Fe, Neyva, Valle del Cauca y Popayán, Puente Real y Socorro. Chita, 27 de diciembre de y) N.° 22. Morillo a Sámano sobre las sentencias impuestas a José Mutis y Antonio Malo. Chita, 27 de diciembre de 1816. z) N.° 23. Morillo a Sámano sobre las sentencias a los reos Martín Gamboa y Victoriano Balbuena. Chita, 28 de diciembre de 1816.N.º 24. Morillo a Sámano sobre las cantidades que debía conducir a Santa Fe el Ayudante Vicente Gallardo. Chita, 2 de enero de 1817.N.° 25. Morillo a Sámano sobre lo concedido al Batallón de Puerto Rico. Chita, 3 de enero de 1817.N.° 26. Morillo a Sámano remitiendo la sumaria formada al Cadete de Granada Manuel Villalón. Chita, 3 de enero de 1816 N.° 27. Morillo a Sámano remitiendo la sumaria del Sargento Manuel Iglesias. Chita, 8 de enero de 1816. ; Copia

Seguida del capítulo séptimo -- Capítulo octavo : invasión de la provincia de Popayán por el egército real de Quito. Nariño es hecho general y marcha al sur. Estado de algunas provincias. Ocupación del valle del Cáuca para los republicanos, y espulsion de Popayán del general español Sámano -- Capítulo nueve : libertad de los valles del Cúcuta, y sucesos de Venezuela. Campaña de Pasto y su mal éxito. Sucesos de Cartagena ; 238 p.

Seguida del capítulo duodécimo -- Capítulo decimotercero : espedicion española dirigida á la costa firme. Su fuerza y arribo á Venezuela. Estado de Cartagena y de las provincias internas de la Nueva Granada contra la cual se dirige. Victoria de los patriotas en Popayan. Bloqueo y rendición de Cartagena -- Capítulo decimocuarto : invasion de las provincias internas de la Nueva Granada, y su entera subyugacion por los Españoles ; 227 p.

Continuación del capítulo decimocuarto -- Capítulo decimoquinto : causas que influyeron en la pérdida de la Nueva Granada. Crueldades de Morillo y de sus satélites hasta su marcha á Venezuela -- Capítulo decimosexto : sucesos de la Nueva Granada bajo del gobierno real. Sámano es nombrado virey, y sus fuerzas son aumentadas. Campaña de Cazanare, y diferentes acontecimientos hasta el mes de mayo de 1819 ; 198 p.

No. 1 : ley fundamental de la república de Colombia ; segunda ley fundamental de la unión de los pueblos de Colombia -- No. 2 : serie cronológica de los presidentes y vireyes que ha tenido el Nuevo Reyno de Granada desde su conquista ; Serie cronológica de los presidentes del Reyno de Quito -- No. 3 : capitulaciones exigidas por los comuneros de la Nueva Granada al gobierno español en 7 de junio de 1781 -- No. 4 : actas de instalación de la primera junta de Quito y otros documentos que ella circuló ; ratificación de la suprema junta gubernativa de Quito ; oficio del presidente de la junta de Quito al cabildo de Santafé ; manifiesto de la junta de Quito -- No. 5 : acuerdo del gobierno real de Quito cortando el proceso contra los que hicieron la primera junta en aquella ciudad -- No. 6 : representación que formó el doctor Camilo Torres, para que la dirigiera el cabildo de Santafé de Bogotá a la junta central de España, y que los miembros del ayuntamiento no se atrevieron a firmar -- No. 7 : representación que la primera junta revolucionaria del Socorro dirigió a la real audiencia de Santa Fé de Bogotá ; 244 p.

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

No. 31 : negociaciones del capitán general español don Francisco Montalvo, con el gobierno independiente de Cartagena : año de 1814 -- Segundo oficio del capitán general don Francisco Montalvo al presidente gobernador de Cartagena -- No. 32 : oficio del teniente general español don Toribio Montes, al Congreso de la Nueva Granada -- No. 33 : reforma del acta federal hecha por el Congreso de las provincias unidas de la Nueva Granada -- Capítulo 1 : del cuerpo deliberante -- Capítulo 2 : del poder egécutivo -- Capítulo 3 : del poder judicial -- Capítulo 4 : del gobierno de las provincias -- Capítulo 5 : de las legislaturas de las provincias -- Capítulo 6 : del poder judicial de las provincias -- No. 34 : intimación del general Bolívar al presidente de Cundinamarca -- No. 35 : capitulación bajo la cual se entregó al general Bolívar la capital y provincia de Cundinamarca -- No. 36 : oficio del presidente del Congreso al general Bolívar -- No. 37 : órdenes comunicadas por el gobernador de Cartagena al general Castillo -- Circular del general Castillo -- No. 38 : oficio del general Bolívar al comisionado Marimon -- No. 39 : tratados entre el general Bolívar y el gobierno de Cartagena -- No. 40 : oficio del general Bolívar al gobierno de la unión -- No. 41 : instrucciones para el general en gefe de la espedicion de Montevideo don Pablo Morillo, y para el gefe del mar -- Marina -- Egército -- Política -- Real decreto de 9 de mayo de 1815 -- No. 42 : parte del reglamento dado para el régimen de la junta de secuestros de Caracas, establecida por el general español don Pablo Morillo en 1815 -- Sección primera sobre secuestros -- No. 43 : el gobierno general de las provincias unidas de la Nueva Granada -- No. 44 : reforma del gobierno general de las provincias unidas de la Nueva Granada -- No. 45 : oficio del general don Pablo Morillo al ministro de la guerra en España -- No. 46 : lista de los patriotas que sufrieron la pena de ultimo suplicio durante la residencia de Morillo de la Nueva Granada -- No. 47 : carta con que los españoles desenterraron a las principales señoras de Santafé de Bogotá -- No. 48 : don Francisco Warleta, coronel de los reales egércitos primer ayudante general del estado mayor del pacificador del mando del escelentísimo señor don Pablo Morillo, y comandante general de la división del occidente del Magdalena -- No. 49 : proclama del general don Pablo Morillo -- No. 50 : oficio del general Morillo al virey de Santafé don Juan Samano -- No. 51 : decreto del virey Samano mandando fusilar a todos los prisioneros hechos en Portobelo ; 204 p.

Continuación del no. 12 -- No. 13 : acta de independencia de la Provincia de Cartagena en la Nueva Granada -- No. 14 : acta por la cual el brigadier Baraya y sus oficiales se separaron del gobierno de Cundinamarca -- No. 15 : oficio de los diputados para el Congreso al presidente Nariño y su contestación -- No. 16 : tratados entre el supremo poder egecutivo de Cundinamarca y los comisionados que nombró la diputación general de las provincias, residente en Ibagué -- Tratados de Santarosa, celebrados en 30 de julio de 1812 entre los gobiernos de Cundinamarca y Tunja -- Artículos adicionales -- Ratificación del gobierno de Tunja -- No. 17 : documentos sobre la instalación del Congreso de las Provincias Unidas de la Nueva Granada -- Alocución del Congreso : el Congreso á los pueblos de la Nueva Granada -- No. 18 : decreto del Congreso de la Nueva Granada declarando a don Antonio Nariño, usurpador y tirano -- No. 19 : oficios del general Bolívar al Congreso de la Nueva Granada y al presidente de Cundinamarca, sobre la campaña de Venezuela, en 1813 -- No. 20 : proclamas por las cuales el general Bolívar declaró la guerra a muerte -- No. 21 : oficio dirigido por el presidente de Quito don Torivio Montes, al gobierno de Santafé -- No. 22 : acta de independencia de la provincia de Santafé ó Cundinamarca, en la Nueva Granada -- Acta de independencia de la provincia de Antioquía -- No. 23 : oficio del general Nariño al brigadier Samano -- No. 24 : ley decretada por la legislatura provincial de Antioquia concediendo la libertad a los hijos de las esclavas -- No. 25 : oficio del presidente de Quito, Montes, al general español Aymerich -- No. 26 : oficio del teniente general español don Toribio Montes, al congreso de la Nueva Granada -- Contestación del presidente del Congreso de las Provincias Unidas al anterior oficio -- No. 27 : decreto del Congreso para reunir un convento eclesiástico -- No. 28 : el ciudadano Manuel Rodríguez Torices, presidente gobernador del estado de Cartagena de Indias, a los habitantes de él, de cualquier clase y condición que sean hago saber -- No. 29 : decreto del congreso para que se invitara Cundinamarca a la Unión -- Oficio con que el gobierno de la Unión dirigió al de Cundinamarca el antecedente acuerdo -- No. 30 : decreto de Fernando VII, aboliendo la constitución de las cortes de Cádiz -- Ministerio de Guerra ; 236 p.

p. 1011-1031: "An act for the King's most gracious, general, and free pardon." ; p. 1003-1006: "An act to enlarge the time limited by an act of the last session of Parliament, for restraining the use of the Highland dress; and to enable heirs of tailzie, guardians, tutors, curators, and trustees in Scotland, to sell lands to the crown." ; p. 991-999: "An act for taking away the tenure of ward holding in Scotland, and for converting the same into blanch and feu holdings; and for regulating the casualty of non-entry in certain cases; and for taking away the casualties of single and life-rent escheats, incurred there by horning and denunciation for civil causes; and for giving to heirs and successors there a summary process against superiors; and for discharging the attendance of vassals at head courts there; and for ascertaining the services of tenants there; and for allowing heirs of tailzie there to sell lands to the crown for erecting buildings, and making settlements in the Highlands." ; p. 983-986: "An act for declaring valid such acts as have been done by Thomas Paulin, as one of the principal land coal-meters of the city and liberty of Westminster, between the twenty ninth day of September last and the eighth day of November following." ; p. 975-978: "An act to indemnify persons who have omitted to qualify themselves for offices and promotions within the time limited by law; and for allowing further time for that purpose." ; p. 967-972: "An act to continue several laws for prohibiting the importation of books reprinted abroad, and first composed or written and printed in Great Britain; for preventing exactions of the occupiers of locks and wears upon the river Thames westward, and for ascertaining the rates of water carriage upon the said river; and for better securing the lawful trade of His Majesty's subjects to and from the East Indies; and for the more effectual preventing all His Majesty's subjects trading thither under foreign commissions; and relating to rice, to frauds in the customs, to the clandestine running of goods, and to copper ore of the British plantations; and for the free importation of cochineal and indico; and for punishment of persons destroying turnpikes, or locks, or other works erected by authority of Parliament." ; p. 959-962: "An act to prevent the return of such rebels and traitors concerned in the late rebellion, as have been, or shall be pardoned on condition of transportation; and also to hinder their going into the enemies country." ; p. 943-954: "An act to continue several laws relating to the manufactures of sail-cloth and silk; to give further time for the payment of duties omitted to be paid for the indentures or contracts of clerks and apprentices, and for better securing the payment of the said duties; and declaring that prize ships lawfully condemned shall be deemed British built ships; and for allowing prize goods to be landed and secured in proper ware-houses, without payment of any duty, until it can be determined whether they are fit for exportation or home consumption." ; p. 935-939: "An act to extend the provisions of an act made in the thirteenth year of His present Majesty's reign, intituled, An act for naturalizing foreign protestants, and others therein mentioned, as are settled, or shall settle in any of His Majesty's colonies in America, to other foreign protestants who conscientiously scruple the taking of an oath." ; p. 911-931: "An act for taking away and abolishing the heretable jurisdictions in that part of Great Britain called Scotland; and for making satisfaction to the proprietors thereof; and for restoring such jurisdictions to the crown; and for making more effectual provision for the administration of justice throughout that part of the United Kingdom, by the King's courts and judges there; and for obliging all persons acting as procurators, writers, or agents in the law in Scotland to take the oaths; and for rendering the union of the two kingdoms more complete." ; p. 903-906: "An act to enforce the execution of an act of this session of Parliament, for granting to His Majesty several rates and duties upon houses, windows, or lights." ; p. 879-900: "An act for vesting in His Majesty the estates of certain traitors, and for more effectually discovering the same, and applying the produce thereof to the use of His Majesty, and for ascertaining and satisfying the lawful debts and claims thereupon." ; p. 871-875: "An act to revive, continue, and amend an act made in the ninth year of the reign of His late Majesty King George the First, intituled, An act for clearing, depthening, repairing, extending, maintaining, and improving the haven and piers of Great Yarmouth; and for depthening and making more navigable the several rivers emptying themselves at the said town; and also for preserving ships, wintering in the said haven, from accidents by fire." ; p. 863-867: "An act for granting a duty to His Majesty, to be paid by distillers, upon licences taken out by them for retailing spirituous liquors." ; p. 835-859: "An act for the relief and support of maimed and disabled seamen, and the widows and children of such as shall be killed, slain, or drowned in the merchants service." ; p. 831-832: "An act for the ease of sheriffs with regard to the return of process." ; p. 807-826: "An act for granting to His Majesty a certain sum of money out of the sinking fund, for the service of the year One Thousand seven hundred and forty seven; and also for enabling His Majesty to raise a further sum of money for the uses and purposes therein mentioned; and for the further appropriating the supplies granted in this session of Parliament; and for applying a certain sum of money, for defraying the charge of the allowances to several officers and private gentlemen of the two troops of horse guards, and three regiments of horse, lately reduced, for the year One thousand seven hundred and forty seven; and for continuing the bounties on the exportation of British and Irish coarse linens." ; p. 799-802: "An act to indemnify persons who have omitted to register their letters of attorney, appointing them agents for prizes, within the time limited by law; and for allowing further time for that purpose." ; p. 791-794: "An act to enable His Majesty to allow to the residuary legatees of Sir Joseph Jekyll, knight, late master of the rolls, deceased, part of the legacy given by his will to the use of the sinking fund." ; p. 775-788: "An act to enable the parishoners of the parish of Saint Andrew Holborn, in the city of London and county of Middlesex, to purchase a convenient piece of ground, for an additional burying-ground, for the use of the said parish; and to enable the said parishioners to raise such sum and sums of money, as shall be necessary for that purpose." ; p. 763-770: "An act for uniting the two colleges of Saint Salvator and Saint Leonard, in the University of Saint Andrews, pursuant to an agreement for that purpose." ; p. 731-759: "An act for continuing the term, and enlarging the powers granted by an act passed in the twelfth year of His late Majesty's reign, intituled, An act for repairing and widening the roads from the city of Gloucester to the city of Hereford; and for repairing other roads in the county of Gloucester." ; p. 727-728: "An act for allowing persons impeached of high treason, whereby any corruption of blood may be made, or for misprision of such treason, to make their full defence by council." ; p. 711-722: "An act to confirm an agreement made by the rector and vestrymen of the parish of Saint James, within the liberty of Westminster, for enlarging the churchyard of the said parish; and for other purposes therin mentioned." ; p. 671-706: "An act for repairing the road leading from Catherick Bridge, in the county of York, to Yarm in the said county; and from thence to Stockton in the county of Durham; and from thence through Sedgefield, in the said county of Durham, to the city of Durham." ; p. 659-667: "An act for founding and building a chapel in Wednesfield, in the parish of Wolverhampton, in the county of Stafford." ; p. 651-654: "An act for reviving and continuing an act passed in the sixth year of the reign of His late Majesty King George the First, intituled, An act for laying a duty of two penny Scots, or one sixth part of a penny sterling, upon every Scots pint of beer or ale vended or sold within the town of Bruntisland, and liberties therof, for increasing the publick revenue of the said town, and for other purposes therein mentioned." ; p. 611-647: "An act for repairing the high road leading from the town of Stockton upon Tees, to Darlington, and from thence through Winston to Barnard Castle, in the same county." ; p. 591-607: "An act for the better securing the payment of shares of prizes taken from the enemy, to the Royal hospital at Greenwich; and for preventing the embezzlement of goods and stores belonging to the said hospital." ; p. 559-588: "An act for repairing the road leading from Cirencester, in the county of Gloucester, to Birdlip's Hill, in the said county." ; p. 539-554: "An act for building a bridge cross the river Thames, from the parish of Walton upon Thames in the county of Surry, to Shepperton in the county of Middlesex." ; p. 531-534: "An act for holding the summer assizes, and sessions of the peace, for the county of Norfolk, in the city and county of Norwich, until a new shire house can be built for the said county of Norfolk; and for building a new shire house on the Castle Hill in the same county; and for raising money on the said county for that purpose." ; p. 519-527: "An act for relief of such of His Majesty's loyal subjects, in that part of Great Britain called Scotland, whose title deeds, and writings were destroyed or carried off by the rebels, in the late rebellion." ; p. 511-514: "An act for the better adjusting and more easy recovery of the wages of certain servants; and for the better regulation of such servants, and of certain apprentices." ; p. 479-506: "An act for the better preservation and improvement of the river Wear, and port and haven of Sunderland, in the county of Durham." ; p. 471-475: "An act for enlarging the term and powers granted by two acts of Parliament, for laying a duty of two penny Scots upon every pint of ale and beer brewed and vended within the town of Dundee, and the liberties and suburbs thereof, for the purposes in the said acts and this present act mentioned." ; p. 459-466: "An act for enlarging the term and powers granted by several acts of Parliament passed for repairing the highways between Wymondham and Attleborough, and from Wymondham to Hetherset, and from the mouth of Wigmore Lane, to Hall Walk Gate in Attleborough, in the county of Norfolk; and for amending the other roads adjoining to the highways directed to be repaired by the said former acts, and making the said acts more effectual." ; p. 439-454: "An act for repairing, improving, and maintaining the publick conduits, and other waterworks, belonging to the town of Southampton ; p. 431-436: "An act for opening, cleansing, repairing, and improving the haven of Southwould in the county of Suffolk." ; p. 395-426: "An act for repairing the road from Sunderland near the Sea, to the city of Durham, in the county of Durham." ; p. 355-390: "An act for repairing the high road leading from the city of Durham, in the county of Durham, to Tyne Bridge in the said county." ; p. 315-350: "An act for punishing mutiny and desertion; and for the better payment of the army and their quarters." ; p. 283-312: "An act for granting to His Majesty several rates and duties upon coaches, and other carriages therein mentioned; and for raising the sum of one million, by way of lottery, to be charged upon the said rates and duties." ; p. 251-280: "An act for repairing the high road leading from the north end of the Cow Cawsey, near the town of Newcastle upon Tyne, to the town of Belford, and from thence to Buckton Burn, in the county of Northumberland." ; p. 227-246: "An act for enlarging the term and powers granted by an act passed in the thirteenth year of the reign of His late Majesty King George the First, for repairing, widening and amending the road leading from Warrington to Wigan in the county of Lancaster; and also for amending and repairing the road leading from a place called Earl's Kill, in Warrington aforesaid, to the toll-bars in Wallgate, in Wigan aforesaid." ; p. 195-222: "An act for enlarging the term and powers granted by an act passed in the twelfth year of the reign of His late Majesty King George the First, intituled, An act for repairing the roads leading from the western part of the parish of Shenfield, to Harwich in the county of Essex, and the road leading from Chelmsford in the said county, to Sudbury in the county of Suffolk, and from Margretting to Malden in the county of Essex, and from Colchester to Langham in the same county; and for repairing other roads adjoining to the same roads." ; p. 179-191: "An act to continue and make more effectual two acts of Parliament; one passed in the twelfth year of the reign of Her late Majesty Queen Anne, and the other in the first year of the reign of His present Majesty, for repairing the highways between the Bear Inn in Reading and Puntfield in the county of Berks; and for amending other roads in the last act mentioned." ; p. 155-175: "An act for continuing the duties upon malt, mum, cyder, and perry, in that part of Great Britain called England; and for granting to His Majesty certain duties upon malt, mum, cyder, and perry, in that part of Great Britain called Scotland; and for applying a certain sum of money therein mentioned, towards the supply for the service of the year One thousand seven hundred and forty seven." ; p. 147-150: "An act to continue, explain, and amend an act made in the last session of Parliament, intituled, An act to enable His Majesty to make rules, orders and regulations, more effectually to prevent the spreading of the distemper which now rages amongst the horned cattle in this kingdom." ; p. 107-143: "An act for repealing the several rates and duties upon houses, windows, and lights; and for granting to His Majesty other rates and duties upon houses, windows, or lights; and for raising the sum of four millions four hundred thousand pounds by annuities, to be charged on the said rates, or duties." ; p. 7-102: "An act for granting an aid to His Majesty by a land tax, to be raised in Great Britain, for the service of the year One thousand seven hundred and forty seven." ; p. 3-4: "An act for the further continuing an act made in the last session of Parliament, intituled, An act to impower His Majesty to secure and detain such persons as His Majesty shall suspect are conspiring against his person and government." ; The paging and caption title of each act follow ; Contains 52 acts, each with a duplicate of the t.-p. quoted. Nos. 15-52 printed 1747 ; Initials ; Blank leaves included in paging ; Mode of access: Internet.