Page 213 - La Société canadienne d'histoire de l'Église catholique - Rapport 1961

settled countries-but I believe few, if any, realized more
true delight and satisfaction, than did this "Party of Pleasure
in a Bark Canoe."
The present "State of Wisconsin," although formerly a part
of the Territory of Michigan, was for many years rather an
apipendage than a component part of that Territory. Michigan
had a Supreme Court, consisting of three Judges; its sessione
were held but semi-annually, at Detroit, and this part of the
Territory derived no advantages from this "august and learned
body.'' Criminals had to be conveyed thence for trial, and con-
troversies, involving large amounts, were there adjudicated.
The Adiciary of this portion of the Territory, at that period,
was composed of "County Courts" and Justices of the Peace.
The "Courts" consisted of three Judges, none of whom were
lawyers; their jurisdiction, both civil and criminal, was limlted.
The Justices of the Peace were such as could be selected from
among those who were capable of reading and writing. In the
year 1823, Congress passed an act establishing what was called
"The additional Judicial District," comprising the ccunties of
Brown, Michilimackinac and Crawford, and the Hon. JAMES
D. DOTY was appointed Judge by ~residedt MONROE, and held
the office for about nine years.
In 1824, things had assumed a more orderly and regular.
character; justice was administered according to the estab-
lished rulcs and practice of other States, and of the c3mmon
law. But in the subordinate, or Justices' Courts, many sin-
gular incidents transpired, and decisions made, which to the
actors, at the time, seemed to be "all right," and in strict con-
formity with their notions of justice; but to modern practition-
ers, they would appear, however, to conflict with the strict rules
of evidence, and encroach upon the rights of the citizen. I will
illustrate, by relating the proceedings that took place .in two
cases tried before Justices' Courts in the western part of the
State, about the year 1830. A plaintiff was, at that time,
permitted to sue his debtor by warrant, and, on judgment
being obtained, to issue execution against and imprison the
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