Military Aid to the Civil Authority in the mid-19th Century New Brunswick

During the mid–19th century, the role of the military in New Brunswick began to change. Although its primary function remained defence against invasion, the civil power called on it with increasing frequency; first the British regulars and later the militia assisted in capacities ranging from fighting fires to policing. Nevertheless, as New Brunswick changed from colony to province, the militia did not automatically replace the imperial garrison. Civil authorities were reluctant to call on it, and volunteers assumed this role only after the regulars departed in 1869. This article first examines the types of disorder that occurred between the 1830s and the 1870s. It next considers the 18 known instances during this period when the civil authorities called out British regulars and provincial (ie., county–based) militias to aid them. It finaly looks at factors that discouraged such use of the militia

Potter Collection Volume 1 (Part 5)

Collection of works related to the Constitutional History of Rhode Island

The Myth of Civic Republicanism: Interrogating the Ideology of Antebellum Legal Ethics

Ethicists, historians and sociologists have generally accepted the premise that the legal profession did not offer strong, public defenses of the adversary ethic (ethically neutral service of clients) until after 1870 when professional elites sought to rationalize their role in the rise of corporate capitalism. Prior to 1870, it has been argued, the legal profession was dominated by a civic republican ideology in which lawyers conceived their role as a form of public service dedicated to vindicating the interests of justice and morality even if that meant refusing to seek a client's lawful ends.This paper challenges both claims. Surveying antebellum law periodicals, the article reveals a robust debate on the definition and justifiability of the lawyer's role. In particular, the article examines defenses of the adversary ethic that were both more vigorous and far less apologetic than defenses offered today. Moreover, the article shows that the defenses came from legal elites, not simply Jacksonian levelers, and the defenses were couched in the discourse of civic republicanism - suggesting that morally activist lawyering was not the only conception of the role thought to be consistent with civic republican principles

Three Cheers for Lord Denman: Reformers, the Irish, and Jury Reforms in Nova Scotia, 1833-1845

This article explores the important place of the jury in the relationship between law, politics, and state in pre-Confederation Nova Scotia. The legislature responded to fears of jury packing by creating more complex procedures for jury selection. These jury selection systems relied for their implementation on committees composed of magistrates and sheriffs, officials who proved unreliable instruments for carrying out a more bureaucratic state policy. Juries also reflected, and influenced, debates about political parties, libel, and the public sphere. In the 1840s, Irish immigrants to Nova Scotia drew upon their experience of packed juries in Ireland to complain that they were systematically excluded from jury service. Political reformers also asserted that officials packed juries against them with their political opponents, especially in high profile libel cases in which tories attempted to silence the increasingly critical reform press. These libel cases highlighted the role of the jury in protecting freedom of the press and therefore reformers’ ability to challenge the tory leadership of the colony. The fierce complaints over jury selection irregularities led to the passage of reform legislation, though a final solution to the politicization of juries remained elusive with the emergence and acceptance of political parties in Nova Scotia.L’article suivant analyse le rôle important du jury au regard de la loi, de la politique et de l’État, dans la Nouvelle-Écosse d’avant la Confédération. Afin d’éviter qu’un jury soit noyauté, l’assemblée législative élabora des procédures complexes pour mieux encadrer la sélection des jurés. La mise en oeuvre de ces procédures relevait de comités composés de magistrats et de shérifs; ces représentants officiels se révélèrent toutefois peu fiables pour appliquer les mesures bureaucratiques instaurées par l’État. Les jurés ne restaient pas imperméables aux débats sur les partis politiques, sur la diffamation et sur les questions relevant du domaine public. Dans les années 1840, les immigrants irlandais installés en Nouvelle-Écosse, forts de leur expérience de noyautage de jury en Irlande, se plaignirent qu’ils n’étaient jamais appelés à faire partie d’un jury. Des réformistes politiques affirmèrent aussi que des représentants officiels choisissaient des jurés défavorables à leur cause, surtout lorsqu’il s’agissait de cas majeurs de poursuite en diffamation, les torys se servant de cette tribune pour tenter de museler une presse réformiste de plus en plus critique. Ces procès en diffamation soulignaient l’importance du rôle du jury dans la protection de la liberté de la presse et montraient conséquemment que les réformistes avaient les moyens d’ébranler le leadership des torys dans la colonie. Les virulentes dénonciations des irrégularités dans la sélection des jurés débouchèrent sur l’adoption d’une loi réformiste; le problème de la politisation des jurés resta cependant difficile à régler entièrement à cause de la montée et de la reconnaissance des partis politiques en Nouvelle-Écosse

Squaring Affirmative Action Admissions Policies with Federal Judicial Guidelines: A Model for the Twenty-First Century

This article will highlight the legal limitations law schools confront when adopting diversity admission policies in light of the new judicial climate that disfavors considering non-traditional race criteria in the admission decision process. Part I highlights the difficulty law schools face when trying to admit a fully diverse class under the traditional application process. Part II discusses the judicial response to voluntary diversity admission policies and other race-based preference policies and defines the appropriate standard for court review. Part III proposes a model diversity admission policy. Part IV analyzes this model policy under the Court\u27s strict scrutiny test

The Creole Affair: Climax of the British-American Fugitive Slave Controversy, 1831-1842

Abstract unavailable

The Revision of Japans Early Commercial Treaties.

A joint symposium between the Japan Society and the London School of Economics and Political Science was held in the Suntory and Toyota International Centres for Economics and Related Disciplines on 9 July 1999 to mark the centenary of Treaty Revision in Japan. In the Bakumatsu period of the 1850s and 1860s Japan had entered into a number of commercial treaties with foreign countries which (among other things) gave foreign nationals extraterritorial rights in Japanese treaty ports. These treaties were re-negotiated with the individual countries in the 1890s and the new treaties came into effect in July-August 1899. Hence the centenary. The four speakers covered the full period from the conclusion of the first treaties in the 1850s to the re-negotiation of the treaties in 1911. Sir Hugh Cortazzi dealt with the various initiatives which led to the first commercial treaties with Japan between 1853 and 1868. Dr James Hoare, in dealing with the working of the early treaties and the attitudes of the foreign communities in the treaty ports, pointed out that the treaties had been modified many times. Dr Nigel Brailey spoke on Sir Ernest Satow who as British minister to Japan from 1895 was the responsible official as the 'unequal treaties' were coming to an end. He had earlier been minister in Bangkok and knew how strongly the Thais wanted their 'unequal treaties' revised at that time. While the question of jurisdiction under the treaties had been largely settled, the question of Japan's tariff autonomy remained unresolved. Dr Ayako Hotta-Lister in the final paper gave an account of how the Japanese, in a mood of increased confidence after the Russo-Japanese war, ended the earlier treaties with a view to concluding the Anglo-Japanese Tariff Treaty of 1911. By this re-negotiation Japan secured tariff autonomy and improved the terms of the commercial treaty but allowed concessions to Britain who had been her ally for almost a decade. Japan's struggle for treaty and tariff

Index to the Acts & Resolves of Rhode Island 1758-1850 Part 2 (H-O)

Part 2 (H-O): Index to the Printed Acts and Resolves, and of the petitions and reports to the General Assembly of the State of Rhode Island and Providence Plantations, from the year 1758-1850. That the Secretary of State be directed to complete, or cause to be completed, the Alphabetical Index to the Schedules from the year 1828 to the year 1850 inclusive, in the same manner as the Index to the volumes of the preceding years has been made; and that when completed, there shall be printed under his direction, two hundred and fifty copies of the same, the expense to be paid out of the General Treasury upon the order of the Governor

The First 125 Years : 1838-1963

The Medical College of Virginia (MCV) marked the 125th anniversary of its founding with a year-long celebration in 1963, culminating in the publication of The First 125 Years. Issued as hard- and soft-back publications in the college\u27s bulletin series, the 96-page photo history received many favorable reviews. The book is largely the work of Thelma Vaine Hoke, although she received no formal attribution on the cover or title page of the work. Hoke began her career at MCV in 1932 as secretary for college president William T. Sanger. Over the years she served as the college information bureau, publications director, records manager, and an instructor in the School of Hospital Administration. She earned the sobriquet majordomo, boss-ma\u27am, and factotum-at-large for the Medical College of Virginia from the Richmond News Leader at the time of her retirement in 1966. Hoke pulled photographs, letters, documents, reports, and publications for the book from a rich collection of historical materials gathered and preserved by James Ralph McCauley, who served as secretary-treasurer for the college and secretary for the Board of Visitors from 1902 until his death in 1950. McCauley had researched many aspects of the college\u27s history and left detailed notes that Hoke found invaluable while compiling The First 125 Years. MCV President Robert Blackwell Smith\u27s address to the Newcomen Society of North America on September 26, 1963 served as the books main historical narrative. Around this story Hoke placed photo captions, sidebars, contemporary documents, and short articles to present the college\u27s first full-length history. Col. John H. Heil, Jr., Secretary of the MCV Board of Visitors noted: This permanent record of the history of the institution is one which will be a frequent source for material and a constant reminder of the importance of MCV in the state and community.https://scholarscompass.vcu.edu/vcu_books/1001/thumbnail.jp