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perform a legal duty.

I have referred to the case of Regina vs. Wagstaffe at greater length possibly than I should; it is the rock, in what otherwise might be a comparatively safe and well-known channel; but for it, the sailing would probably have been smooth; with it, the law has continued in a state of doubt and confusion. Although heretofore, the decisions in our courts upon this question have been singularly few, the subject is becoming steadily more prominent, and we may expect that, at no very distant time, in some of our jurisdictions, this question will come forward for judicial determination.

J. NICK PERRIN.

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PRIMITIVE JUSTICE IN ILLINOIS.

J. NICK PERRIN, OF LEBANON.

Until the time shall arrive when the sword shall be beaten into the plow share, the soldier will be the pioneer in the establishment of order and government in any new country. Hence the earliest history of Illinois, dating back to the time when a transfer was made from Indian control to that of the French, is one of military administration of affairs. On the discovery of the "Illinois country" in 1673, the Indian power over the territory passed to the French. The "Illinois country" became a part of New France, the seat of whose government was at Quebec in Canada. When discoveries later on led the French into the Southland-as far as the mouth of the Mississippi in 1682-the Canadian government began to hold as part of the French possessions in North America that ter ritory lying to the south of the "great chain of lakes," extending to the Gulf of Mexico. This indefinite tract was called Louisiana. The "Illinois country" was a part of it. LaSalle, Tonti and their soldiers were the administrators of all its affairs, except as their work was supplemented by that of the priests who regulated the ecclesiastical affairs of the sparsely settled country; both soldiers and priests being of course under the supervision of the Intendant at Quebec, a sort of martial

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civic officer of the French crown. For ninety-two years— from 1673 to 1765-this sort of regime extended over what was then called the "Illinois country"-formerly the country of the tribes of Illinois Indians that inhabited it and thus gave it a name. During this time the civic guide was what was known as the "Customs of Paris." This was a lot of rules that had been brought from France and were administered by the religio-civil-military tribunals as nearly as they conformed to the conditions in the New World at the time. The fact is that during these ninety-two years of French domination, there was not much necessity for the application of legal procedure, as the population was not numerous, business interests were few and not intricate, and the inhabitants were orderly (having inherited their discipline.) The historians have called this the "halcyon period." Courts, in anything like the modern sense, did not make their appearance till about the time of the transfer from the French to the British. And then "primitive justice" began to hold its sway.

It may be admitted that justice had ruled prior to this stage, for wills had been made and donations and transfers; patents had been granted; franchises from the crown had been used in the development of the country; villages had grown up and lands were allotted; all these things were possible on account of favorable conditions. As the development proceeded and became so great that at the time of the transfer to England our trade had extended from New Orleans in the South to Detroit and Montreal in the North, it became evident that greater precautionary measures must be introduced. Then, too, the country passed into the possession of a government that had for ages had the highest regard for law and recorded precedents. So that in 1768three years after Saint Ange de Belle Rive had given up the keys of Fort Chartres to Captain Stirling, of the Scotch Highlanders-by order of General Gage, a court of seven judges was established in the "Illinois country" with monthly ses

J. NICK PERRIN.

sions at Fort Chartres.

And thus the first legal machinery
During the thirteen years of

was put in motion in Illinois.
English occupation this court did not popularize itself with
the inhabitants because it lacked the popular ingredient-
the jury system. Not much is known of this early time court
on account of the loss of the records of the time. But later,
at the end of the English domination, when, in 1778, George
Rogers Clark conquered the Northwest, the local courts were
constituted more in conformity with the views and needs of
the people and a little later still the jury system came in
vogue.

After the conquest, Illinois as part of the Northwest, became a part of Virginia. There are some fragmentary records in existence of the courts that were held under the Virginia jurisdiction; some are in French, some in English. About the earliest is an entry of 1779 in an old French record which presents a case wherein the plaintiff asked that the defendant be compelled to prove his assertion that he was a knave. It seems that about a half dozen witnesses were sworn and examined. From the testimony it appeared that there were charges and counter-charges. In other words,

there seems to have been a first-class scolding match between the parties. After hearing the testimony the Court adjourned for dinner. There were present on this occasion the President of the bench and four members. After dinner they rendered judgment and the entry recites in effect that the court dismisses the proceedings as being undignified and condemns the plaintiff generally to pay costs of suit and that any particular expenses incurred be paid by each party making the same. In this instance of "primitive justice," there seems to have been a desire to exercise a judicial discretion in the direction of discouraging neighborhood quarrels.

After the transfer of the Northwest to the United States from Virginia, the territory was erected into a territory of

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the United States, Northwest of the Ohio river. Arthur St. Clair was appointed as the Territorial Governor. Illinois was embraced in the newly created civil division. By proclamation of 1790, the governor created St. Clair county in the Illinois country. This was the first county created and contained practically the settled portion of Illinois within its limits; and reached out indefinitely as the emergencies of the times demanded. Within these limits Governor St. Clair also established courts. About this time we find that Judge Dumoulin, one of the first appointees, had occasion to deal with a case of contempt in his court room. He dealt with the matter so vigorously that he left the bench to enforce the decree by pummeling the obstreperous individual whom he had adjudged guilty of the contempt. The result was that the Judge soon found himself before the court to answer a charge of assault and battery. This case, however, was dismissed and the informant had to pay the costs, thus coming out of the legal contest with two defeats in the series, a bruised anatomy and a less plethoric pocket-book.

A grand jury in 1790 at Cahokia found a number of indictments, mainly for assaults and gambling. One party was found guilty by a jury and the court assessed a fine of one dollar and a half.

These are but a few instances gathered from the meagre annals of "Primitive Justice in Illinois."

A century has flown since then.

The judicial branch of the government in Illinois has grown into an exact system. This system preserves order and protects the intricate business interests, while it guarantees personal rights. The judiciary of our state is now the pride of the Union, and when the nation wanted a Chief Justice of the United States, it came to Illinois.