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Benjamin Swift (1781-1847) Litchfield, Connecticut, Law School Notes MS*X 340 Sw54 Notes Created in 2016 by Whitney Bagnall

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Benjamin Swift (1781-1847) Litchfield, Connecticut, Law School Notes MS*X 340 Sw54 Notes Created in 2016 by Whitney Bagnall Benjamin Swift (1781-1847) Litchfield, Connecticut, Law School Notes MS*X 340 Sw54 Notes created in 2016 by Whitney Bagnall, Special Collections Librarian, Columbia Law School, retired Biographical Note: Benjamin Swift was born on 3 April 1781 in Amenia, N.Y., the sixth son of Reverend Job and Mary Ann (Sedgwick) Swift, though some sources list his date of birth as 9 April 1780. The family moved to Bennington when Benjamin was five years old. Swift completed preparatory studies and attended the Litchfield Law School, Litchfield, Connecticut, in 1801. He was admitted to the bar in Bennington County in 1802, and removed to Saint. Albans, Vermont, in 1809. He served in the Vermont House of Representatives 1813, 1825, & 1826, served as a member of Congress from Vermont, 1827-1831, and as U.S. Senator, 1833-1837. He married Rebecca Brown in 1809 and they had nine children, six surviving. His daughter, Catherine, married George F. Houghton in 1851. Benjamin Swift died in Saint Albans, Vermont on November 11, 1847. Physical Description: Single volume, 31 cm.; full calf binding, blind tooled edges, five raised bands on spine. Written inside front cover: “This book was written by the late Hon. Benjamin Swift of St. Albans, Vermont, while in attendance upon the law lectures of Judge Reeve at the Law School in Litchfield Connecticut, and has been carefully used and preserved by the family. (signed) George F. Houghton, surviving partner of Swift & Houghton, attys.” Presented to William Hall by Charles B. Swift, May 2nd 1879 Provenance: Gift of Chief Justice John H. Watson, Vermont Supreme Court, 1924 of Montpelier to the Vermont Historical Society. John H. Watson was on Vermont Supreme Court 1899-1929 and was Chief Justice 1919-1929. Name of Benjamin S is found written upside down on p. 350. Organization: Written on both sides of page; written in a very small hand; topical headers throughout, paginated in outer upper corner 3-772; missing first page of text and possibly a title page; watermarked laid paper E M & Co. Capital letters written at the bottom of pages for binding arrangement [A contains pp. 1-40 or 20 leaves. B pp. 41-88 or 24 leaves; C pp. 89-128 or 20 leaves; D pp. 129-152, or 12 leaves; E pp. 153-200 or 24 leaves; F pp. 201-232 or 16 leaves; G 233-280 or 24 leaves; H 281-324 or 22 leaves; J 325-376 or 26 leaves; K pp. Vermont Historical Society • Barre 05641-4209 Benjamin Swift Law School Notes 2 377-432 or 28 leaves; L pp. 433-476 or 22 leaves; M pp. 477-512 or 18 leaves; N pp. 513- 556 or 22 leaves; O pp. 557-604, or 24 leaves; P pp. 605-659 or 24 leaves; Q pp. 653-674 or 11 leaves; R pp. 675-718 or 22 leaves; S pp. 719-734 or 8 leaves; T pp. 735-772 or 19 leaves.] Pages were trimmed for binding with minor loss of text, e.g. p. 206, 221, 320. Pages 233 & 234 are stained as if from old coffee or tea mugs. Odd numbered pages 1-55 have alphabetical letters in the right margin. No numbered or dated lectures, all titles are in essay form with citations written in text, not in margins; sub heads are underlined and often written in a bolder, darker script; lecturers are not identified unless they are quoted by name in text. Vermont Historical Society • Barre 05641-4209 Benjamin Swift Law School Notes 3 [A = 1-40] 3-22 Municipal Law [Begins mid-text because first page missing.] But lastly, when the words are dubious, the most universal & effective way of discovering the true meaning is from the reason & spirit of the Law and the literal construction may be denied when it is absurd or contrary to the reason & spirit of the Law. 3 Unwritten law 4 The evidence of legal customs of the common law is contained in the records of the several courts of justice in books of reports and judicial decisions and in the questions of the learned in the law to be explained by the judges of the law and it is the province of the judges to take notice of these customs & laws 6 Particular laws 8 Written laws 17 Persons capable of prosecuting on a penal statute 18 Qui Tam actions; in what cases it will lie 19 Of popular actions 20 Of statutes generally 21 Of the distinctions between the common law & lex mercatoria [final sentence] At the common law by month is meant a lunar month, but the Law Merchant, a month means a calendar month. 23 Rights The subject matter of ML is divided into rights & wrongs. [final sentence] The private relations out of which these relative rights grow are 1 Husband & Wife, 2 Parent & child, 3 Guardian & ward, 4 Master & servant. 24-73 Husband & Wife [Mr. Reeve p. 64; 69 Marriage which is the institution of the relation of Husband & Wife & it is regarded by the common law as a civil contract or institution & the requisites are the same as in making any other contract, which are that the parties be legally capable of making the contract of marriage. 2nd 24 Of the wife’s choses in action 27 Of the chattels real of the wife 28 Of the real estate of the wife 31 Of the right of the wife to the husband’s estate 33 How a wife may be barred of dower 34 Paraphernalia 38 Of the liability of the husband on act of his wife [B = 41-88] 41 Of the power of the wife to contract 45 Of the wife’s power to bind the husband by her contracts 49 Of the contracts of the husband & wife during coverture 52 Of contracts made between the husband & wife before marriage 54 Rules that come under no particular head [these are not numbered.] 56 Of the mutual inability of the H & W to testify for & against each other 59 In what cases the Husband may sue alone or join the wife at his election Vermont Historical Society • Barre 05641-4209 Benjamin Swift Law School Notes 4 60 Cases in which the husband must sue alone 62 In what cases the H & W must be sued jointly & in what cases he must be sued alone 64 Of the disability of a married woman to devise her property 66 Of the celebration of the marriage contract by common law 67 Of persons incapable of marrying 68 Law of Connecticut 69 Of the doctrine of divorce in England 71 Of the doctrine of divorce in Connecticut [final sentence] But when the property is not visible, the Court found more difficulty as they could not create a [word] against the Hus’d in favor of the wife. Yet as this power was given them, they were determined in some way to execute it….more…and such practice has been sanctioned by the Supreme Court of Errors. 74 blank 75-90 Parent & Child [Mr. Reeve, p. 75; Of the contracts of Infants. Every child under the age of 21 is called an infant & that period of time before they arrive at the age of 21 is called their minority. 79 Of the consequences which follow to a minor by rescinding his contracts 80 Of the power of an infant to convey his real estate How an infant may be bound by his contracts in Chancery 81 In what cases the Parent is liable for the Infant’s contracts 82 Of an infants liability for wrongs committed by him civiliter & criminaliter 84 How an infant must sue & be sued 85 Of the right of the parent over his infant child 86 Of the duty of parents to their children & the duty of children to their parents 87 Rules that come under no particular head 88 Of the settlement of children [with poem] [C = 89-128] 89 Of illegitimate children 90 Of the settlement of such illegitimate child [final sentence] So also, if the mother be in transit when such child is born, i.e., passing from place to place, the settlement of the child is the place from whence she came. 1 Bla 459. 91-94 Guardian & Ward There are 2 kinds of Guardians in Eng. viz. guardian in socage as common law guardian & testamentary guardian, which are not known either of them in Conn, tho some of the states allow of guardian in socage. [final sentence] If the guardian waste the estate of the ward, there will be an application by an injunction on him. Hardress Rep. 96. 95-99 Master & Servant [Mr. Reeve, p. 95, 1 Slaves have not been known in England since the abolition of villenage; in this country it depends on the law of different states. It is however, customary to hold Blacks in slavery in many states. It was never recognized by statute in Connecticut, though many were Vermont Historical Society • Barre 05641-4209 Benjamin Swift Law School Notes 5 formerly thus holden & bought & sold. Some contended that it was legal while others contend that it is not. [Final sentence] So if a premium should be given to the Mr to instruct the servant, courts would order the premium to be restored in [word]. 100-110 Sheriffs The office & power of the sheriff is high & important. [final sentence] Such refusal of the sheriff is neglect of his duty & therefor the proper remedy is by action on the case. Cro Car 196; 2 Rolle 361. 111-114 Innkeepers Innkeepers may properly be said to be civil officers & are as liable for a neglect of their duty as sheriffs & are liable like a sheriff i.e.
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