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An Early Opinion of an Arkansas Trial Court
University of Arkansas at Little Rock Law Review Volume 5 Issue 3 Article 3 1982 An Early Opinion of an Arkansas Trial Court Morris S. Arnold Follow this and additional works at: https://lawrepository.ualr.edu/lawreview Part of the Courts Commons, and the Legal History Commons Recommended Citation Morris S. Arnold, An Early Opinion of an Arkansas Trial Court, 5 U. ARK. LITTLE ROCK L. REV. 397 (1982). Available at: https://lawrepository.ualr.edu/lawreview/vol5/iss3/3 This Article is brought to you for free and open access by Bowen Law Repository: Scholarship & Archives. It has been accepted for inclusion in University of Arkansas at Little Rock Law Review by an authorized editor of Bowen Law Repository: Scholarship & Archives. For more information, please contact [email protected]. AN EARLY OPINION OF AN ARKANSAS TRIAL COURT Morris S. Arnold* The opinion printed below merits notice because it is appar- ently the oldest surviving opinion of an Arkansas trial judge.' It was delivered in 1824 in a suit in equity, evidently an accounting between partners, which was brought by James Hamilton against William Montgomery in 1823. Relatively little can be discovered about the plaintiff James Hamilton. He was a merchant in Arkansas Post at least as early as November of 1821 when he moved into the "[s]tore lately occupied by Messrs. Johnston [and] Armstrong."2 Montgomery, on the other hand, is quite a well-known character. From 1819 until 1821 he op- erated a tavern at the Post which was an important gathering place:' A muster of the territorial militia was held there on November 25, 1820,4 and the village trustees were elected there in January of the following year.' Moreover, the first regular legislative assembly for the Territory of Arkansas met in February of 1820 in two rooms furnished by Montgomery, perhaps at his tavern. -
Onetouch 4.6 Scanned Documents
TABLE OF CONTENTS Introduction 1. Native Empires in the Old Southwest . 20 2. Early Native Settlers in the Southwest . 48 3. Anglo-American Settlers in the Southwest . 76 4. Early Federal Removal Policies . 110 5. Removal Policies in Practice Before 1830 . 140 6. The Federal Indian Commission and the U.S. Dragoons in Indian Territory . .181 7. A Commission Incomplete: The Treaty of Camp Holmes . 236 8. Trading Information: The Chouteau Brothers and Native Diplomacy . 263 Introduction !2 “We presume that our strength and their weakness is now so visible, that they must see we have only to shut our hand to crush them” - Thomas Jefferson to William Henry Harrison, February 27, 1803 Colonel Henry Dodge of the U.S. dragoons waited nervously at the bottom of a high bluff on the plains of what is now southwestern Oklahoma. A Comanche man on a white horse was barreling down the bluff toward Dodge and the remnants of the dragoon company that stood waiting with him. For weeks the dragoons had been wandering around the southern plains, hoping to meet the Comanches and impress them with the United States’ military might. However, almost immediately after the dragoon company of 500 men had departed from Fort Gibson in June 1834, they were plagued by a feverish illness and suffered from the lack of adequate provisions and potable water. When General Henry Leavenworth, the group’s leader, was taken ill near the Washita River, Dodge took command, pressing forward in the July heat with about one-fifth of the original force. The Comanche man riding swiftly toward Dodge was part of a larger group that the dragoons had spotted earlier on the hot July day. -
History of the U.S. Attorneys
Bicentennial Celebration of the United States Attorneys 1789 - 1989 "The United States Attorney is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done. As such, he is in a peculiar and very definite sense the servant of the law, the twofold aim of which is that guilt shall not escape or innocence suffer. He may prosecute with earnestness and vigor– indeed, he should do so. But, while he may strike hard blows, he is not at liberty to strike foul ones. It is as much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one." QUOTED FROM STATEMENT OF MR. JUSTICE SUTHERLAND, BERGER V. UNITED STATES, 295 U. S. 88 (1935) Note: The information in this document was compiled from historical records maintained by the Offices of the United States Attorneys and by the Department of Justice. Every effort has been made to prepare accurate information. In some instances, this document mentions officials without the “United States Attorney” title, who nevertheless served under federal appointment to enforce the laws of the United States in federal territories prior to statehood and the creation of a federal judicial district. INTRODUCTION In this, the Bicentennial Year of the United States Constitution, the people of America find cause to celebrate the principles formulated at the inception of the nation Alexis de Tocqueville called, “The Great Experiment.” The experiment has worked, and the survival of the Constitution is proof of that. -
History and Civics of Oklahoma
Class- t~6^^ Book. '// /<^ (kpightl^' COPYRIGHT DEPOSIT. ( \U y d HISTORY AND CIVICS OF OKLAHOMA BY L: J: ABBOTT, LL.B, M.A. PROFESSOR OF AMERICAN HISTORY, CENTRAL STATE NORMAL SCHOOL EDMOND, OKLAHOMA GINN AND COMPANY BOSTON • NEW YORK • CHICAGO • LONDON Copyright, 1910 By L. J. ABBOTT ALL RIGHTS RESERVED GINN AND COMPANY • PRO- PRIETORS • BOSTON • U.S.A. eCU265302 5\ t HISTORY OF OKLAHOMA PREFACE While Oklahoma is the youngest of the states, yet it had a considerable population almost a generation earlier than any of the states west of those that border the Mississippi, Texas alone excepted. Here we find much the best example of a prolonged effort of the aborigines of the United States to de- velop their own civilization in their own way. The history of this effort should be of interest to every student of American institutions. How much of this civilization was due to white influence and how much can be credited to Indian initiative must be left to the judgment of the reader. One of the chief benefits of historical study is the testing of authorities. No field offers a better opportunity for this than Oklahoma history. Almost all data relating to the Indian na- tions is so interwoven with myth and fiction that it is difficult, indeed, to separate authoritative facts from endless legends and weird tales of Indian life. So while this little book is pre- sented in concise, and we trust simple, form, yet we have zealously sought to use in its preparation no source that will not bear most careful scrutiny. -
University of Oklahoma Libraries Western History Collections Works
University of Oklahoma Libraries Western History Collections Works Progress Administration Historic Sites and Federal Writers’ Projects Collection Compiled 1969 - Revised 2002 Works Progress Administration (WPA) Historic Sites and Federal Writers’ Project Collection. Records, 1937–1941. 23 feet. Federal project. Book-length manuscripts, research and project reports (1937–1941) and administrative records (1937–1941) generated by the WPA Historic Sites and Federal Writers’ projects for Oklahoma during the 1930s. Arranged by county and by subject, these project files reflect the WPA research and findings regarding birthplaces and homes of prominent Oklahomans, cemeteries and burial sites, churches, missions and schools, cities, towns, and post offices, ghost towns, roads and trails, stagecoaches and stage lines, and Indians of North America in Oklahoma, including agencies and reservations, treaties, tribal government centers, councils and meetings, chiefs and leaders, judicial centers, jails and prisons, stomp grounds, ceremonial rites and dances, and settlements and villages. Also included are reports regarding geographical features and regions of Oklahoma, arranged by name, including caverns, mountains, rivers, springs and prairies, ranches, ruins and antiquities, bridges, crossings and ferries, battlefields, soil and mineral conservation, state parks, and land runs. In addition, there are reports regarding biographies of prominent Oklahomans, business enterprises and industries, judicial centers, Masonic (freemason) orders, banks and banking, trading posts and stores, military posts and camps, and transcripts of interviews conducted with oil field workers regarding the petroleum industry in Oklahoma. ____________________ Oklahoma Box 1 County sites – copy of historical sites in the counties Adair through Cherokee Folder 1. Adair 2. Alfalfa 3. Atoka 4. Beaver 5. Beckham 6. -
Judicial Branch, Pgs. 0231-0338
CHAPTER 5 Judicial Branch “Trick Rider” (Missouri State Archives, Putman Collection) 232 OFFICIAL MANUAL judges throughout the circuit to relieve case load and administrative backlogs. The Supreme Court and court of appeals have general superintending Missouri’s control over all courts and tribunals within their jurisdictions. Original remedial writs may be issued and determined at each level of the court system. Decisions of the Supreme Court are controlling in Judicial all other courts. Selection of Judges System In the first 30 years of Missouri’s statehood, the judges of the supreme, circuit and chancery courts were appointed by the governor with the advice and From its inception in 1820, Missouri state gov- consent of the Senate. After much public discussion, ernment has been constitutionally divided into the Constitution was amended in 1849 to provide three separate branches—the legislative, executive for the popular election of judges, and this system and judicial departments. The judicial department’s remains in effect for most Missouri courts even function is not to make the laws of the state or to today. In most circuits, the judges are elected by the administer them, but to adjudicate the controver- voters in partisan elections. sies that arise between persons and parties, to determine fairly and justly the guilt or innocence of However, in 1940 Missouri voters amended the persons charged with criminal offenses, and to Constitution by adopting the “Nonpartisan Se- interpret the laws of the state as enacted by the leg- lection of Judges Court Plan,” which was placed on islature and carried out by the executive. -
Engineer Cantonment, Missouri Territory, 1819-1820: America's First Biodiversity Ineventory
University of Nebraska - Lincoln DigitalCommons@University of Nebraska - Lincoln Great Plains Research: A Journal of Natural and Social Sciences Great Plains Studies, Center for 2008 Engineer Cantonment, Missouri Territory, 1819-1820: America's First Biodiversity Ineventory Hugh H. Genoways University of Nebraska - Lincoln, [email protected] Brett C. Ratcliffe University of Nebraska - Lincoln, [email protected] Follow this and additional works at: https://digitalcommons.unl.edu/greatplainsresearch Part of the Other International and Area Studies Commons, Plant Sciences Commons, and the Zoology Commons Genoways, Hugh H. and Ratcliffe, Brett C., "Engineer Cantonment, Missouri Territory, 1819-1820: America's First Biodiversity Ineventory" (2008). Great Plains Research: A Journal of Natural and Social Sciences. 927. https://digitalcommons.unl.edu/greatplainsresearch/927 This Article is brought to you for free and open access by the Great Plains Studies, Center for at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Great Plains Research: A Journal of Natural and Social Sciences by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. Great Plains Research 18 (Spring 2008):3-31 © 2008 Copyright by the Center for Great Plains Studies, University of Nebraska-Lincoln ENGINEER CANTONMENT, MISSOURI TERRITORY, 1819-1820: AMERICA'S FIRST BIODIVERSITY INVENTORY Hugh H. Genoways and Brett C. Ratcliffe Systematic Research Collections University o/Nebraska State Museum Lincoln, NE 68588-0514 [email protected] and [email protected] ABSTRACT-It is our thesis that members of the Stephen Long Expedition of 1819-20 completed the first biodiversity inventory undertaken in the United States at their winter quarters, Engineer Cantonment, Mis souri Territory, in the modern state of Nebraska. -
Muskogee County October 9-10, 1832 & November 7, 8, 9, 1832 Wagoner County November 8, 1832 Overnight
The Tour Begins and Ends at Fort Gibson Muskogee County October 9-10, 1832 & November 7, 8, 9, 1832 Wagoner County November 8, 1832 Overnight Today’s Names for Yesterday’s Places A Tour on the Prairies by Washington Irving Washington Irving on the Prairie by Henry Leavitt Ellsworth The Rambler in Oklahoma by Charles Joseph Latrobe On the Western Tour with Washington Irving by Albert Alexandre de Pourtalès Muskogee County, October 9, 1832 The frontier Fort Gibson is now surrounded by the town of Fort Gibson. Fort Gibson is a town in Muskogee County which has expanded into Cherokee County as it grew in the U.S. state of Oklahoma. On October 9, 1832 Washington Irving of Sleepy Hollow slept at Fort Gibson. Irving was to leave in the morning with a small party of rangers an early cavalry without uniforms, army ammunition, or army horses. They would meet up with a larger party of rangers who were two or three days ahead. For the rangers the goal was to meet and parley with the plains Indians. For Irving it was a chance to see the west of his imagination. Irving was the superstar of his time who gave his readers the world of Sleepy Hollow and characters like the Headless Horseman and Ichabod Crane. He wrote about his trip to Oklahoma in A Tour on the Prairies, a book in print continuously since 1835. The friends who had traveled with him since the Great Lakes wanted to see the grand prairies and hunt buffalo. All four would write their own books about that autumn of 1832. -
TREATY with the SAUK TREATY with the SAUK 7 Stat
TREATY WITH THE SAUK TREATY WITH THE SAUK 7 Stat. 141, May 13, 1816, Proclaimed December 30, 1816. A treaty of peace and friendship made and concluded at St. Louis between William Clark, Ninian Edwards, and Auguste Chouteau, commissioners plenipotentiary of the United States of America, on the part and behalf of the said states, of the one part, and the undersigned chiefs and warriors of the Sacs of Rock river and the adjacent country, of the other part. WHEREAS by the ninth article of the treaty of peace, which was concluded on the twenty-fourth day of December, eighteen hundred and fourteen, between the United States and Great Britain, at Ghent, and which was ratified by the president, with the advice and consent of the senate, on the seventeenth day of February, eighteen hundred and fifteen, it was stipulated that the said parties should severally put an end to all hostilities with the Indian tribes, with whom they might be at war, at the time of the ratification of said treaty; and to place the said tribes inhabiting their respective territories, on the same footing upon which they stood before the war: Provided, they should agree to desist from all hostilities against the said parties, their citizens or subjects respectively, upon the ratification of the said treaty being notified to them, and should so desist accordingly. And whereas the United States being determined to execute every article of the treaty with perfect good faith, and wishing to be particularly exact in the execution of the article above alluded to, relating to the Indian tribes: The president, in consequence thereof, for that purpose, on the eleventh day of March, eighteen hundred and fifteen, appointed the undersigned William Clark, governor of Missouri territory, Ninian Edwards, governor of Illinois territory, and Auguste Chouteau, esq. -
Ozark Ground Flora Response to Landscape-Scale Prescribed Fire
OZARK GROUND FLORA RESPONSE TO LANDSCAPE-SCALE PRESCRIBED FIRE A thesis presented to the faculty of the Graduate School at the University of Missouri-Columbia __________________________________________ In partial fulfillment of the requirements for the degree Masters of Science __________________________________________ by CALVIN JAMES MAGINEL III Dr. Benjamin O. Knapp, Thesis Supervisor JULY 2015 The undersigned, appointed by the dean of the Graduate School, have examined the thesis entitled OZARK GROUND FLORA RESPONSE TO LANDSCAPE-SCALE PRESCRIBED FIRE presented by Calvin James Maginel III, a candidate for the degree of Master of Science and hereby certify that, in their opinion, it is worthy of acceptance. _____________________________________________________ Benjamin O. Knapp, Ph.D. _____________________________________________________ Candace Galen, Ph.D. _____________________________________________________ John M. Kabrick, Ph.D. _____________________________________________________ Rose-Marie Muzika, Ph.D. DEDICATION I dedicate this, the culmination of my ecological and natural education, to my family. My grandparents and parents were constantly encouraging and supporting me when I would drag them off into the woods to look at some new flower, chase fish in creeks for my fish tanks, or sneak up on woodcocks on a cool spring evening. Even when my interests were dragging me all around the country, you were always encouraging me further into the woods. Last, mention of my family would be lacking without including my appreciation of my childhood experiences in woods and stream exploration with my sister. I love you all so much. ACKNOWLEDGEMENTS As this project would not have been possible without the Nature Conservancy and the Missouri Department of Conservation and their generosity with their respective data sets, I thank you many times over. -
"Benevolent Plans Meritoriously Applied": How Missouri Almost
“Benevolent Plans Meritoriously Applied:” How Missouri Almost Became an Indian Nation, 1803–1811 BY B. J. MCMAHON Maps such as these were published in the early nineteenth century to plot the general locations of Native American tribes. Such a map as this would have been the best available information for Jefferson. (Image: Cartography Associates) 4 | The Confluence | Spring/Summer 2014 …to carry on the benevolent plans which have been so meritoriously applied “Benevolent Plans Meritoriously Applied:” to the conversion of our aboriginal neighbors from the degradation and wretchedness of savage life to a participation of the improvements of which the How Missouri Almost Became human mind and manners are susceptible in a civilized state. — James Madison, an Indian Nation, 1803–1811 First Inaugural Address, 4 March 18091 In 1803, President Thomas Jefferson designed the first official American governmental policy of relocating Indians, one that encouraged them to become farmers and integrate into the United States as citizens. The Jeffersonian approach to Indian-white relations ostensibly planned for assimilation after the Natives voluntarily relocated to the west. Jefferson and his disciples had differing opinions about the Natives but believed they had the same rights to life, liberty, and property as the whites, and that they expected the United States to uphold honorably all treaties and obligations between them. While not the only advocate of the policy named in his honor, he was the first executive given the power and authority by Congress to treat Native Americans as he saw fit.2 The president envisioned much of the area west of the Mississippi as a land where the Indians could live completely separated from white society east of the river. -
Great-Walker-Ioway-Leader-Preview
Copyright © 2014 Truman State University Press, Kirksville, Missouri, 63501 All rights reserved tsup.truman.edu Cover art: Portrait of Great Walker, from Thomas McKenny and James Hall, History of the Indian Tribes of North America . 2 vols. (1848–50), Courtesy of Special Collections, Pickler Memorial Library, Truman State University; and image from iStockphoto.com (#6275633). Cover design: Teresa Wheeler Library of Congress Cataloging-in-Publication Data Olson, Greg, 1959– Great Walker : Ioway leader / Greg Olson. pages cm. — (Notable Missourians) Includes bibliographical references and index. ISBN 978-1-61248-112-8 (library binding : alk. paper) — ISBN 978-1-61248-108-1 (ebook) 1. Great Walker, approximately 1780–1831—Juvenile literature. 2. Iowa Indians— Biography—Juvenile literature. 3. Iowa Indians—History—19th century—Juvenile literature. I. Title. E99.I6O56 2014 305.897'52092—dc23 [B] 2014003780 No part of this work may be reproduced or transmitted in any format by any means without written permission from the publisher. The paper in this publication meets or exceeds the minimum requirements of the American National Standard for Information Sciences—Permanence of Paper for Printed Library Materials, ANSI Z39.48–1992. Contents Introduction ....................4 Chapter 1: Life as a Boy ..........6 Chapter 2: A Time of Change .....13 Chapter 3: The Ioway’s First Treaty ................20 Chapter 4: Big Neck’s Battle .....28 Chapter 5: Big Neck’s Trial ......37 Legacy: Great Walker as an Ioway Leader ...........44 Timeline ......................45 For Further Reading ............46 Index .........................48 Image Credits ..................48 Introduction Great Walker was a war- rior and a leader of the Ioway people during a time of great change.