Showing posts with label legal. Show all posts
Showing posts with label legal. Show all posts

Wednesday, January 23, 2019

A Knife as a Seal

From the collection of Durham Cathedral.

3366    n.d.
Lowick, Chapel of
Printed R.N.D. App. 135. See no. 2151 above, where Robert of St Martin uses a like sign in place of a seal. See also letter from the Rev. Dr Greenwell printed in Proc. Soc. Ant. of Newcastle , 2nd ser. vol. II, p. 95.
Size: -
Seal design: A knife with broken blade, the handle is inscribed on one side.
Inscription: signum de capella de lowic
and on the other side: de capella de lowic et de decimis de lowic totius curie et totius ville



Friday, August 22, 2014

Whitney papers legal and personal

Power of Attorney (Kirtland, 1838-11-07) [Box 5, Folder 42]

Know all men by these statements [?] that I newell Whitney now of Kirtland Geauga County, Ohio, do authorize, constitute, ordain and affirm Samuel Whitney of Kirtland my true and lawful attorney or agent to act for me and in my name to honest bargainings [?] in this place in my absence, to scan [?] for and collect settle and discharge all such demand, as I shall leave with him, and to sel[l] such personal property as I shall have with him for that purpose, also to rent land and tenement as I shall give him direction, and to bargain for sale of real estate (but not give deeds), to bid on land which are to be sold by the administration of Algernon Gilbert [?] deceased. And whatever my said attorney or agent shall balefully [?] do on or about the premises shall be the same as though I was personally present to ratify and confirm the same. Given under my hand and seal at Kirtland, seventh day of November, 1838, N.K.Whitney {SEAL}

Paternity Suite (Nauvoo, 1842-09-15) [Box 4, Folder 44]

Know all men by these present [?] that I Gustavus Hills of the county of Hancock and the state of Illinois am held and firmly bound unto Mary Clift of the county and state aforesaid in the penal sum of a hundred Dollars, which payment well and truly to be made I bind myself, my heirs, and legal representations firmly by these bonds sealed with my own hand and dated this 16th day of September in the year of our Lord one thousand eight hundred and forty two.
The condition of the above obligation is such that whereas the said Mary Clift hath made sath [?] that she is pregnant with a child by the said Gustavus Hills and has agreed with the said Gustavus Hills to submit the matter of the support of the same to referees. Now if the said child shall be born alive the said Gustavus Hills agrees to pay the said Mary Clift Twenty ^five Dollars annually for three years, in in quarterly payments, in provisions or clothing suited to the condition of the said child, but should the child die, then the obligation to pay as aforesaid is to cease from the time of such decease and if the said Gustavus Hill shall well and truly comply with the conditions of the above obligation, or should the child die, aforesaid, then this obligation to cease and he would and further at on upon the delivery of said child the said Gustavus Hills shall pay five dollars in money for goods suitable for such an occasion besides the payments before mentioned. This obligation being complied with as aforesaid and in that case the obligation and everything therein contained is to cease, otherwise to remain in full force and effect.
Given under my hand and seal the day and year above written. // {SIGNATURE Gustavus Hills} {SIGNATURE Robert Clift // agent to Mary Clift}
In the presence of Elias Higbee [?] // {LIST of signatures of witnesses and scribe} 

Liquor License Petition (Nauvoo, 1844-01-18, Nauvoo) [Box 5 Folder 44]

To the Hon. Mayor of the City of Nauvoo. // We the inhabitants of the 3rd ward in said city would respectfully recommend Samuel Musick as a proper person to sell and retail sprirituous liquors within said ward and would recommend him to your honor for license in the same. // January 18 1844 // {17 SIGNATURES}

Whitney Letter Saturday 25th of Dec [?] 1841 [Box 6 Folder 1]

recto only
  • Whitney had to get off a steamboat early, 85 miles down river from his destination on the Mississippi, caught cold and was down with fever
  • Whitney was planning to stay in the store during the Winter and the Spring [possibly to improve his health?]
  • Whitney was planning a trip to Philadelphia to "lay in goods for the market" and was planning to visit the recipient in this context
  • Whitney asks for genealogical information about his family

Whitney Letter March 5th, 1842, Nauvoo IL [Box 6 Folder 1]

(to brother F.S. Whitney)

recto
  • Whitney not going to Philadelphia after all by himself, sending someone else due to his state of health
  • Planning to go in the fall and will call then
  • Business negotiations with Gill Granger in which Whitney wants support from the recipient
verso
  • more on the Gill Granger business, with bank mentioned and amounts of money

[Box 6 Folder 1 Remainder]

The remaining letters exceeded my capabilities of decipherment.

See Also

Michael H. Marquardt, The Strange Marriages of Sarah Ann Whitney, 2001, which includes a reference to the Diary of Hosea Stout.

Bibliographic Record

Newel K. Whitney Collection, Vault Mss 76, Box 5, Folders 42-46; Box 6, 

Tuesday, August 12, 2014

Articles of Agreement for the Maid of Iowa

The following is the transcription of articles of agreement between Joseph Smith Jr and Arthur Morrison and Pulaski S. Cahoon regarding the steamboat Maid of Iowa. The articles are available at the Church History Library, MS 9670 folder 7, in Salt Lake City, on microfilm.

Transcription

This article of agreement made and entered into this fifteenth day of June A.D. 1844 between Joseph Smith as Sole Trustee in Trust for the Church of Jesus Christ of [the RCK] Latter Day Saints of the county of Hancock[,] State of Illinois of the first part, and Arthur Morrison and Pulaski S. Cahoon as principle and Abraham C. Hodge and Hirum Kimball as securities of the County and State aforesaid of the second part witnesseth, that the said Joseph Smith for and in consideration of the rents, covenants and agreements hereinafter mentioned, contained and reserved, that granted, bargained and leased, and by these presents doth grant, bargain and lease for the term of one month, with a privilege of six months as may be agreed upon by the said parties thereafter, all that Steam Boat "Maid of Iowa", together with all her tackle, apparel, fixtures, furniture and appurtenances to the same belonging or in any wise appertaining. And the said parties of the second part hereby covenant and agree to pay to the said party of the first part the some of one hundred dollars per month, to be paid monthly in advance, as a rent for the said Steam Boat "Maid of Iowa". And further, the said parties of the second part hereby bind themselves, their heirs and assigns [???] in the penal sum of seven thousand dollars, to quietly and peacefully surrender and yield up the said Steam Boat "Maid of Iowa"and all appurtenances to the same belonging or in any way appertaining unto the said party of the first part at the expiration of this lease in as good refrain and condition (reasonable use and wearing thereof and unavoidable accidents and casualties excepted) as when they take possession of the same.
And further, the said party of the first part reserves the right and privilege of keeping a man on board said "Steam Boat "Maid of Iowa" [sic!] at the expense of the said parties of the second party as a witness to testify in case of accident to the said boat, but such to have authority to control in command the said boat in any manner whatever. In witness whereof, the said parties have each and severally to this instrument set their hands and seals this 15th day of June A.D. 1844.

  • Joseph Smith 
  • Arthur Morrison
  • Pulaki S. Cahoon
  • Hiram Kimball
  • A.C. Hodges 

Sunday, April 20, 2014

Edmund Morgan on American Liberty and Slavery

In his monumental study from 1975, Edmund S. Morgan shows how the original plan of making a collaborative, bi-racial society in Virginia, in the wake of the Lost Colony in the Carolinas was thwarted from the beginning by the lack of interest of the Indians on the one side and the English on the other side.

What came about instead was a largely land-based aristocracy of tobacco farmers that consumed huge numbers of people power to establish their crops, using indentured servants. This was necessary initially, Morgan argues, because the high levels of mortality prevented the expenditure for anything but servants paying off. These servants were commanded only through the promise of eventual liberty and treated more harshly than anywhere else in either England or the colonies.

However, as the levels of mortality declined, and the number of servants that had completed their indenture began to bolster the number of poor restless males in the colony, it behoved the tobacco growers to switch from using indentured servant labor to slave labor, which was initially mostly imported from Barbados, a country the Virginians were already sending pigs and cows to. Slave labor was more expensive initially but since the investment was now viable for a longer time, and capable of self-replication, the initial expenditure was worth the effort.

As the number of slaves in Virginia grew, the relationship between the white poor and the white rich changed, a change that was reflected in the laws of the colony, leading to working out what for all intentions and purposes was the Republican ideal of independence and equality that supported Virginia's commanding role in the protest against England and in taking over the ship of state after the successful American Revolution.

Morgan wonders at least whether the fact that the State with the highest number of slaves at the moment of independence had been such a champion of Republican liberty was not due to the fact that every day they were confronted with the view of what it looked liked to have no liberty.

Among the important literature references that Morgan makes are:

Unfortunately, the voluminous diary of Landon Carter is hard to get; I have found some excerpt, such as here or here, but the multi-volume edition was only completed in the late 1960s and thus is not available via Google Books for another couple of years.

Saturday, April 19, 2014

Andrew Jackson on Land Policy in 1832 and the Manufacturers' Reply

On Tuesday, December 4th, 1832, the then-president of the United States of America, Andrew Jackson, had the opportunity to address both houses of Congress in the moral equivalent of a State of the Union address. Andrew Jackson did this in writing, which was then read before the members, and the Journal of the Senate preserves this document.

When turning to issues of the interior, Jackson addresses the problem of the public lands that had been set aside from the States for the Federal Government.
It cannot be doubted that the speedy settlement of these lands constitutes the true interest of the republic. The wealth and strength of a country are its population, and the best part of that population are the cultivators of the soil. Independent farmers are every where the basis of society, and true friends of liberty. (13)
For this purpose the public lands should be parceled out, surveyed and sold off at cost.
It seems to me to be our true policy that the public lands shall cease, as soon as practicable, to be a source of revenue, and that they be sold to settlers || in limited parcels, at a price barely sufficient to reimburse to the United States the expense of the present system, and the cost arising under our Indian compacts. The advantages of accurate surveys and undoubted titles, now secured to purchasers, seem to forbid the abolition of the present system, because none can be substituted which will more perfectly accomplish these important ends. (13-14)
Jackson is clear that the value of the land comes from the work of the settlers, "that it is their labor alone which gives real value to the lands" (14), and that by pursuing such a course the interests of the Nation coincide with the dreams of the individuals, namely "to afford to every American citizen of enterprise, the opportunity of securing an independent freehold" (14).

The enthusiasm that the US President displayed for the agricultural part of the populace was harshly criticized by the representatives of the manufacturing sector, as indicated by the documents in the appendix of the Congressional Debate records for the 22nd Congress.
That the President of the United States should, in a public document, addressed to the representatives of the whole people of this Union, peremptorily declare one part of the population by them represented better than the rest, appears to the subscribers little compatible with that equality of rights upon which our whole social system is, by them, believed to be founded. If one part of the population, parties to the social compact, is the best, it necessarily follows that another part of the same population is the worst; that there are different degrees of merit in different portions of the same population, estimated no by their moral, but by their social condition; not by their individual qualifications of virtue and understanding, but by their respective occupations and possessions (42).
The subscribers---John Quincy Adams and Lewis Condict---then proceed to interpret the "independent farmers" of Jackson's letter with the wealthy landowners of the feudal system, and from thence with slave-owning landowners of the South (43). The subscribers complained about the criticism levied against the US Bank, the refusal to fund internal improvements, the lack of protection for the output of the internal industries, "whether agricultural, industrial or mechanical", and the giving away of public lands to increase the landowners at the expense of the other members of society (43). And their counter-examples reveal that the focus of internal improvement targets the system of transportation that supports the conveying of goods of commerce.
To benefit the people, by making navigable the river or creek in their neighborhood---by bringing commerce to their doors---and by increasing the value of their property, are among the most important and most valuable services that a representative can render to his constituents. (44)
All of this is viewed in the context of the positive effects of the Constitution:
The constitution itself is but one great organized engine of improvement---physical, moral, political. (45)
The subscribers then go to show that it is their constitutional responsibility to manage the public lands properly, not to throw them away at sale prices:
It appears to the subscribers that Congress could neither give away the public lands to individual settlers, to enable them to acquire independent freeholds, or surrender them to the States in which they are situated, without a threefold violation of the constitution: …. (47)
The subscribers deem it an excellent part of the policy of the Union to welcome the useful liberty and equal rights, and honest subsistence, and the chances of affluence upon our shores; but they conceive it neither politic nor just to bestow upon them, or upon any adventurers, whether of foreign or of domestic birth, the acquisitions of the nation, made with the moneys levied upon all the people in all the States. (47
The underpinning of the problem is the continued protection of the tariffs which support the manufacturing inside the United States from the external world, which Jackson in a separate part of the letter had wanted to limit to articles needed for war.
The necessities of the nation in time of war furnish an unanswerable argument for the protection of its manufacturers---of all its manufacturers in time of peace. (51)
They [i.e. the subscribers, RCK] believe that protection, permanent protection, to the interest of domestic industry, including agriculture, manufacturers and || the mechanic arts, is a right secured to the citizens, whose property and subsistence depend upon that protection, by the constitutions itself, as well as by the laws; …. (51-52
In the end, the subscribers could not resist to point the fingers at the instigators of the stance that Jackson was taking, mainly because they had expected a stronger response to South Carolina.
Before the [State of the Union, RCK] message was delivered, a convention, assuming to represent the people of South Carolina, and to exercise, in their name, an absolute, unlimited, and, therefore, despotic power of sovereignty [sic!], had issued an ordinance, declaring and ordaining that all the several acts and parts of acts of the Congress of the United States, for imposing duties and imposts on the importation of foreign commodities, and now having actual operation and effect within the United States, where null and void, and no law, nor binding upon the State of South Carolina, its officers, or citizens. (52)
And not only was it obvious enough that this was South Carolina---and that its nullification attempts would permanently destroy the Union and thus could not be supported (53)---but that the South's economic dependence on slavery was at the root of this---which South Carolina had admitted.
The foundation of the complaints alleged by the South Carolina convention as the justifying cause of their extra-ordinary proceedings, is a collision of the sectional interests between the slaveholding and the exclusively free portions of the Union. The allegation is, that the protection extended to domestic industry, by the imposition of duties upon the productions of the like industry imported from abroad, necessarily operates to produce inequality in the burden of taxation upon the free and upon the slaveholding portions of the people, to the disadvantage and oppression of the latter … as the labor of slaves cannot be applied to manufactures, and as the agricultural products of the South derive no benefits from this protection, the ultimate result of the impost system is to make it at once a tax upon the slaveholder of the South, and a bounty to the free laborer of the North. (53)
Since thanks to a compromise with the Northern free states, the slaves are already counted in the representation of the popular assemblies, and thus have given the slave holding South the presidency and other key offices of the executive branch in the majority of the administrations (54), it strikes the subscribers as preposterous that the South Carolina assembly only now notices this imbalance. The imbalance at any rate was part of the compromise that settled the representation question in the first place.
[The compromise was, RCK] … that while the free States are represented only according to their numbers, the slaveholders are represented also for their property; and that the equivalent for this privilege is, that they shall bear in like manner a heavier burden of all direct taxation. That, by the ascendancy which their excess of representation gives them in the enactment of the laws, they have invariably, in times of peace, excluded all direct taxation [and rather resorted to duties and imposts, RCK], and thereby enjoyed their excess of representation, without any equivalence whatever. (55)
Thus, Vermont with 280,000 "free souls" has 5 representatives and 7 electors, while South Carolina with less than 260,000 has 9 representatives and 11 electors (55). What then is unfair about the uniform imposts?
All taxation is an assessment upon property---all just taxation bears some proportion to the property of the party taxed. If the rich pays a larger tax than the poor, it is not therefore a tax unequal and oppressive upon the rich. The unequal tax is that which exacts from the poor the same amount of contribution as from the rich. (57)
At two million slaves, at 300 US$ worth each, the slave-holding States are 600 million US$ richer than the free States (57), which give them 25 extra representatives and over 30 more electors.

Even the levying of imposts favors the South, as the duties are primarily on items that the Southern slaves, who from 60% of the community, neither do not receive or do not need:
Nine-tenths, at least, of all the revenue raised by impost duties are levied upon the articles of cotton, wool, and woolens, silks, flax, and hemp, iron, spirits, and molasses, wines, coffee, tea, and sugar. Now, the consumption, by any part of the slave population, of any of these articles, when imported, is exceedingly small; instead of being in the proportion of three to five in comparison with that of the free white population, it is certainly not in the proportion of one to ten. (58
If we analyze the articles upon which the great mass of revenue by impost is raised, we find it to be upon food and raiment; tea, coffee, sugar, wine, molasses, spirits, are of the first kind thus classified; wool, cotton, silk, flax, and leather, are of the second. Now, who does not know that the food and raiment of the slave are almost entirely of domestic growth and production? (58
The subscribers then explain how this report can be considered the product of the Committee on Manufacturing, and put the whole argument into a larger context of needs, protection and productivity.

A sound, uniform, and accredited currency; an inexhaustible and invaluable fund of common property in the public lands; an organized and effective application of the national energies and resources to the great undertakings of internal improvement; and a firm, efficient protection of commerce and navigation against the arm of foreign violence, and of manufacturers and agriculture against the indirect aggressions of foreign legislation and competition: these, the subscribers believe, are the cements which can alone render this Union prosperous and lasting. (59)
He [the Southern planter] is told that the tariff takes money from his pocket, and puts it into that of the Northern manufacturer. (59)
The myth dispelled, the subscribers remind their listeners that these protections are not in place for reasons of Governmental revenue.

The taxation of the country may be reduced to the wants of the Government, at whatever scale the standard of these wants may be fixed by the wisdom of Congress, without at all impairing the principle of protection. The two principles have no necessary connexion with each other; and all this bitter controversy has arisen from the blending of them improperly together. (60)
Jackson reacted to the situation in South Carolina with a statement reprinted here.

PS: Such messages of the president were accompanied by useful reports of other members of the government, such as the one by the US General post master on the total mail transported, categorized by means of transportation.

PPS: The whole issue of nullification is placed into a larger context in this digital history lesson from the University of Houston.

The Price Tags of Politics

In my ongoing search for prices to put a little meat on the financial dealings of the Mormons I have found some treasure troves too large to exploit in a single sitting.

For starters, there is the Congressional record itself, which in the debate records and in the journals of decisions mentions the odd price. The Statutes at Large, which record the actual decisions reached--e.g. duties levied on important goods in 1789---and contain records of the expenditures, such as annuities for the Indian tribes. The Journal of the Senate enumerates supporting actions---such as the elimination of navigational obstacles in the harbor of Mobile, Alabama in 1832.

Furthermore, the library of Congress has undertaken a massive project to digitize newspapers, called Chronicling America, which could use some further investigations. Many of theses newspapers came into being as part of the transformative process 1815-1848, and thus fall at the tail end of the Mormon period of investigation, but some earlier ones are present as well.

Saturday, February 1, 2014

The Absence of local law in the Mediterranean

It just occurred to me that my process of extracting interpretative models will not properly succeed for the early Mormons because a key component for the Missouri war, the possibility that the Mormons might form the political majority and take over county control, was an emergent property of the rising number of converts and has no predecessor in the rise of the early church.

This is an exciting result because that shows an unexpected discontinuity in the interpretative process whose anticipation implies prescience.
Thus also poses the question of how Braudel dealt with these issues of local law; he cites the local statues at every point or turn as part of the local expression of the long duration (e.g. Venice). But there was other than the rump Roman law and possibly some of the conventions of international diplomacy and commerce very little to unify the Mediterranean in terms of the legal regulations governing the local regions, bays and cities.