ENPages
21 Give no body more than you can pay at any warning: and making a competency, live honestly upright ly and independently. Thus steering straight thr ough life depending on the soil, or circustances in corn, man, and on the will of Heaven being under the pecuniary obligation to any one more gra teful to your God than to man or mammon, being kind and obliging at the same time; you will always have friends and never have cause to complain of one. This kind of life is truly compatible with noble, high minded at lofty feeling. This I applied to myself. The fact is my determination is, I will never be [b--] brow beaten, by and truckle to any man, regardless of consequences. A man to be respectable and useful and part share the common happiness allotted to man, must in the first place be independent, and to sustain in this noble quality he must be honest, ind ustrious and must have property, say a good liver: this last requires economy. A manly courage and decision of character are vast advantages. The virtue of courage or bravery, call it what you will, the world has ever respected and will ever respect. It is a good safeguard to a man's reputation. A man without property in this country and at this time, is not looked upon as prosperous any of those qualities necessary to the useful man, but is looked upon as worthless even of counsel. In this great republic a man acquires distin ction by extraordinary talents or extraordinary riches. But to keep or be kept in debt is a bar to both. May Court week followed the Association week. At this court of Hertford, little or no bussiness was done— court sat only two days. I open not my mouth to this court and enjoyed myself less than usual on account of ill health. th—] At this time, it is much to be regretted that the harmony of our neighborhood is bro ken up. An account of a young lady being nearly abducted and married. What will be the result time will show
22 Oak Lawn 31st May Weds 1837. Pleadings Before a man attempts the practice of the law and counsel he should study pleading profoundly. In the first instance what is a subject for a law case, next who may be plaintiff and who defendant, for this is sometimes difficult to determine and and involves much law knowledge. This understood, the nature of actions and their different sorts, must be understood. Actions are real, personal, or mixed. A real action is to obtain real property, such as lands, tenements and hereditaments and what is appertaining there to, a personal action is to obstain personal property, such as money, goods, etc. and what is appeartaining thereto, or damages for an injury to the person, personal, or real property; a mixed action partakes of both these and known as the action of ejectmment which is to regain possession of land wrongfully possessed by a [disscisor] together with damages known as the the mesne profits, during the time the rightful owner is kept out of possession. Actions are in their nature only two; ex contractu and ex delicto. The former is the action to compel men to be punctual in the performance of their contracts one to another; the latter is for some wrong and is said to sound in damages either to the person injured to the the state whose peace and dignity have been violated. Actions ex contractu are assumpsit, debt convenant and detinue; those of ex delicto are case, trouver poss replevin and tresspass Vi and armis. Assumpsit is an action to recover money or [implied] or oral express promises, such as a merchant's [accounts], debt is to recover money due by bond or promisory note either under seal or note under seal commonly called bond and single bill, covenant is to recover the penalty for breach of a written agreement; detinue is to recover back property itself, in specie. Those of ex delicto. Case is an action a peculiar action of tresspass to recover damages for some wrong or tort, the distinctions [--] which and the actions of tresspass is very nice. trover is to recover the value of any property and not the property itself.
23 replevin is to recover back property in specie taken under exection by a Sheriff or constab le. tresspass vi et armis is to recover damages comm- tted on for an injury committed with force and violence: this action however lies for offences which are accompanied by neither force nor violence. Such is a hasty outline of the actions at law. by whose bringing the proper ones of which, all persons may redress their grievances. June 3rd Sat. 1837— Retrospective I bid my pen. Thursday 1st June in the afternoon we complied with our neighbour and friend Lewis's invitation, by go to a wedding party at his house in further [cell] for an action of his son Denison's marriage. A very neat party this, the party was composed principally of young people and though not a packed company (so odious to a neighbourhood) yet the guests generally may be said to be select. Several pretty young ladies and likely young gentlemen. The supper does not credit to Mrs. Lewis, much cost and pains had been taken to decorate it. The wedding cakes were all on top bespangled with coriander and almond sugared of variegated hues, red, white, and blue, the circumference of snowy white. After all the trouble taken, this party was very interesting which was owing to a want of system in the arrangment of the company for enj oyment. It was sadly deficient in that pleasure which gentlemen and ladies impart to, and recieve from one another on such occaisions. The ladies, several beautiful and accomplished in one room, and the gentlemen in another, in the porch or out doors. In the mean time the waiters, under whose management all this is to be attributed, were waiting on those at table, (for there were many tables full after the ladies, most of them, had retired from supper.) The nights being short the older people were for going home and what was distressing, would carry their lovely daughters with them, before all were done supper. So by the time supper was over there were but few though still a goodly were left. And it is well known that, when one
24 Wedding Party. or two go home, more are for going and this puts the company in commotion which some time is required to subside. It was so on this occasion, and notwithstanding a few of us did goin the hall of the ladies and seating ourselves rallied spirits and forced a little chat and fun, still confusion and [e---ss] reigned. There were several ladies and gentlemen unacquainted with one another. Regard to this should have been that suitable propper introductions might have rendered all easy in one another's presence. Eleven o.c. of course was tolled soon and what few staid, of which myself was one, retired to bed Of Such was this party. Yesterday F 2nd. We enjoyed a lovely morning. Some of the wedding people who staid during during the night in the neighborhood, returned and participated in conversation. But the young gentlemen it seems forgot to pay proper respects to ladies by walking into the hall apprapriated to the ladies, as should be expected, and converse with them. [--] So now I myself was very feeble and [----] to afford ladies any amusements. I was suddenly surprised by the ladies walking to our door and bidding in courtesyed modestly "good morning gentle men" and to their vehicles moved in lovely procession. This we deserved. The gentlemen of course wanted an [et--] now was they should do. At this fine party (for the materials were fine and just about numerous enought for enjoyment) there was no music, no dance, no [sou--] and this is mainly to be attributed all our [--] in being denied enjoyment. A dance would have held the company (young) together for nearly three hours and imparted that glow of joy and innocent humor so naturally relished and panted for. "As the hart panteth after the water brook" so panted we after this our entitled pleasure. O friends Mr and Mrs Lewis Religion! reverenced virtue, was it thy will to forbid this pleasure which young people think in conjunction with many of the enlightened pious, to be their most delectable pleasure and innocent pastime. Experience, common sense, benevolence, all the fine sentiments of the heart, goodness: was it thy injunctions that thwarted our amusement? It is thought not. Music administers to thy hold shrine O Religion! [S---] it not to refinement and goodness by softening the heart,
25
banishing ill temper, and raising kind feelings. In this way its power has been long acknowleged. They [polen oy?], O Sweet charmer of and comforter of human life, ever was, is, and ever will be, irresitable. Who can deny, that he who resists music resists nature an unholy violation of that law which to which any resistence therefore is wholy. Porfessors of christianity, not christianity itself, is it not Ye, that proscribe music and dancing. To thy popular whims mistaken though well intentioned, our friends L the late party did yield - yielded to a to sort of indomitable neighbourhood prejudice called popular opinion, not to their over good sense. For had they allowed the soul stirring muci, and the gentle dance on the phantatic toe - seen the brightened countenances and the reign of joy [recue?] their party they felt so much interest, from uninteresting dullness; why had they allowed this, surely their religion would not have been shocked. All our reason - and sense say christianty would have acknowledged it to be an innocent amusement of the children of man. Moderate dancing too is fit exercise of the body. The dance introduces the two sexes to each other and grace and refinement follow. Away then with that gloominess that banish eth the best sentiments of the heart - "peace good will towards men", for such be the tendency of music - I feel no doubt that most the young ladies and gentlemen of the party above mentioned departed to their houses with, disappointment and some chagrins and perhaps disgust. I [had?] felt a sort of something agaist the party they knew not waht. O music, thy spell would have dispelled or prevented this - and returned all home with satiated joy and pretty anticipations. But no blame to our friendsL.
I like to ride this season of the year, so I rode yesterday for amusment and exercise to Mr. Win horns where I dined. [Daid?] nothing but talk today