The Winning of the West, Volume 2 eBook

This eBook from the Gutenberg Project consists of approximately 472 pages of information about The Winning of the West, Volume 2.

The Winning of the West, Volume 2 eBook

This eBook from the Gutenberg Project consists of approximately 472 pages of information about The Winning of the West, Volume 2.
author.] The settlers ratified the deeds of their delegates on May 13th, when they signed the articles, binding themselves to obey them to the number of two hundred and fifty-six men.  The signers practically guaranteed one another their rights in the land, and their personal security against wrong-doers; those who did not sign were treated as having no rights whatever—­a proper and necessary measure as it was essential that the naturally lawless elements should be forced to acknowledge some kind of authority.

The compact provided that the affairs of the community should be administered by a Court or Committee of twelve Judges, Triers or General Arbitrators, to be elected in the different stations by vote of all the freemen in them who were over twenty-one years of age.  Three of the Triers were to come from Nashborough, two from Mansker’s, two from Bledsoe’s, and one from each of five other named stations. [Footnote:  Putnam speaks of these men as “notables”; apparently they called themselves as above.  Putnam’s book contains much very valuable information; but it is written in most curious style and he interlards it with outside matter; much that he puts in quotation marks is apparently his own material.  It is difficult to make out whether his “tribunal of notables” is his own expression or a quotation, but apparently it is the former.] Whenever the freemen of any station were dissatisfied with their Triers, they could at once call a new election, at which others might be chosen in their stead.  The Triers had no salaries, but the Clerk of the Court was allowed some very small fees, just enough to pay for the pens, ink, and paper, all of them scarce commodities. [Footnote:  Haywood, 126.] The Court had jurisdiction in all cases of conflict over land titles; a land office being established and an entry taker appointed.  Over half of the compact was devoted to the rules of the land office.  The Court, acting by a majority of its members, was to have jurisdiction for the recovery of debt or damages, and to be allowed to tax costs.  Three Triers were competent to make a Court to decide a case where the debt or damage was a hundred dollars or less; and there was no appeal from their decision.  For a larger sum an appeal lay to the whole Court.  The Court appointed whomsoever it pleased to see decisions executed.  It had power to punish all offences against the peace of the community, all misdemeanors and criminal acts, provided only that its decisions did not go so far as to affect the life of the criminal.  If the misdeed of the accused was such as to be dangerous to the State, or one “for which the benefit of clergy was taken away by law,” he was to be bound and sent under guard to some place where he could be legally dealt with.  The Court levied fines, payable in money or provisions, entered up judgments and awarded executions, and granted letters of administration upon estates of deceased persons, and took bonds “payable to the chairman of the

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The Winning of the West, Volume 2 from Project Gutenberg. Public domain.