USA > Ohio > Henry County > History of Henry and Fulton counties, Ohio : with illustrations and biographical sketches of some of its prominent men and pioneers > Part 14
USA > Ohio > Fulton County > History of Henry and Fulton counties, Ohio : with illustrations and biographical sketches of some of its prominent men and pioneers > Part 14
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
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Rogers, Elmore, private, Nov. 28, 1861, 3 years ; mus. out Dec. 1, 1864, at Columbus, O., on expiration of term of service.
Randall, Leonard A., private, Nov. 9, 1861, 3 years; on muster in roll, never reported for duty.
Rosse, Joseph, private, Oct. 25, 1861, 3 years; mus. out with company July 10, 1865 ; veteran.
Stoutsenberger, Daniel R., pri te, Nov. 8, 1861, 3 years; mus. in as David R. Stoltzenberger ; mus, out with company July 10, 1865 ; veteran.
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HISTORY OF HENRY AND FULTON COUNTIES.
Shaffer, Henry B., private, Jan. 3, 1864, 3 years ; mustered out with com- pany July 10, 1865.
Shaffer, Henry, private, March 4, 1863, 3 years; mustered out with com- pany July 10, 1865.
Stilwell, William H., private, March 28, 1864, 3 years ; mus. out with com- pany July 10, 1865.
Shelhart, William, private, Dec. 31, 1863, 3 years ; disch. May 3, 1865, at Columbus, O., on surgeon's certificate of disability.
Shelhart, Christian, private, Dec. 30, 1863, 3 years ; died July 29, 1864, at Marietta, Ga., of wounds received in action.
Shellhart, Daniel, private, Jan. 4, 1864, 3 years ; mus. out May 25, 1865, at McDougal Hospital, New York Harbor by order of war department.
Spencer, Allen H., private, Jan. 4, 1863, 3 years ; disch. Aug. 12, 1864, at Cleveland, O., on surgeon's certificate of disability.
Spencer, Daniel, private, Jan. 18, 1864, 3 years; trans. to Veteran Re- serve Corps April 6, 1885.
Spencer, William H., private, Nov. 14, 1861, 3 years; disch. June 26, 1862, at Columbus, O., on surgeon's certificate of disability.
Snider, Jacob, private, Sept. 21, 1862, 3 years ; captured Nov. 13, 1864, at Kingston, Ga. ; disch. June 26, 1865, at Columbus, O., on surgeon's certifi- cate of disability.
Snider, Thomas C., private, Nov. 15, 1861, 3 years; disch. Sept. 24, 1862, at Cincinnati, O., on surgeon's certificate of disability.
Sloan, Joseph B., private, Oct. 14, 1861, 3 years ; disch. July 16, 1863, at Cincinnati, O., on surgeon's certificate of disability.
Scott, Caleb, private, Nov. 23, 1861, 3 years ; disch. Dec. 10, 1864, at Chattanooga, Tenn., on surgeon's certificate of disability.
Thorp, Janies R., private, Nov. 10, 1861, 3 years ; mus. out with company July 10, 1865 ; veteran.
Thompson, David, private, Jan. 25, 1864, 3 years ; disch. Nov. 2, 1864, at Cleveland, O., on surgeon's certificate of disability.
Taylor, Allen, private, Nov. 20, 1861, 3 years ; disch. July 30, 1862, at Columbus, O., on surgeon's certificate of disability.
Thomas, Roger W., private, Nov. 19, 1861, 3 years; discharged June 23, 1862, at Columbus, O., on surgeon's certificate of disability.
Tremain, Andrew I., private, Nov. 16, 1861, 3 years ; disch. July 12, 1862, at Columbus, O., on surgeon's certificate of disability.
Terrill, Charles, private, Nov. 17, 1861, 3 years ; on muster-in roll; never reported for duty.
Utter, Joseph, private, Jan. 21, 1864, 3 years ; died May 21, 1864, at St Louis, Mo.
Vanarsdalen, William, private, Jan. 18, 1864, 3 years ; died June 10, 1864 at Madison, Ind.
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HENRY COUNTY.
Vanarsdalen, Cornelius, private, Jan. 18, 1864, 3 years ; mustered out with company July 10, 1865.
Wyrick, Michael, private, Feb. 15, 1864, 3 years ; mus. out June 26, 1865, at Washington, D. C., by order of war department.
Wyrick, George W., private, Jan. 18, 1864, 3 years; mus. out with com- pany July 10, 1865.
Wallace, George W., private, Jan. 18, 1864, 3 years ; mus. out with com- pany July 10, 1865.
Wolverton, John A., private, Nov. 19, 1861, 3 years ; disch. Nov. 2, 1864, at Camp Dennison, O., on surgeon's certificate of disability.
Weaver, Solomon, private, Nov. 31, 1861, 3 years; died Feb. 23, 1862, at St. Louis, Mo.
Weaver, Frederick, private, Nov. 16, 1861, 3 years ; died March 1, 1862, at St. Louis, Mo.
Yoing, William H., private, Nov. 11, 1861, 3 years ; died March 25, 1862, at St. Louis, Mo.
Yoha, William H., private, Jan. 12, 1864, 3 years ; died Aug. 4, 1864, at Marietta, Ga.
Zook, John, private, Jan. 13, 1864, 3 years; mustered out with company July 10, 1865.
THE ONE HUNDREDTHI REGIMENT, INFANTRY.
To the formation of this regiment the county of Henry contributed more than one full company, and the surplus was transferred to a separate company in the same regiment. Company B was made up wholly of residents of this county, and it is in recognition of their services in the regiment that this re- cord is made.
The One Hundredth regiment was organized at Toledo, during the months of June and July, 1862, and was mustered into service on the 15th of July fol- lowing, by Captain Dodds, U. S. Army. On the 8th of the same month, the regiment moved to Cincinnati, for the defense of that city. On the 9th it went into position on Covington Heights, a few rods in front, and to the left of Fort Mitchell.
The regiment marched for Lexington, Ky., on the Sth of October, and re- mained there, undergoing a thorough course of instruction, until about the Ist of December, when it moved to Richmond. It was engaged in work on the fortifications until the 26th of December, when it moved to Danville, and on the 3d of January, 1863, it moved to Frankfort. Toward the last of February it marched to Lexington to intercept a rebel raid, and from that point it marched to Crab Orchard, Mount Vernon, Somerset, and to various other points where the presence of the enemy rendered it necessary. On the 13th of August, the regiment went into camp at Danville, preparatory for the march for kast Ten-
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HISTORY OF HENRY AND FULTON COUNTIES.
nessee. Upon arriving at Knoxville, a portion of the regiment was sent up to the Virginia State line, to guard the railroad. The detachment, two hundred and forty strong, was captured by the enemy on the 4th of September, and was sent to Richmond, Va. The regiment participated in the defense at Knox - ville, and was on active duty during its stay in East Tennessee. Early in the spring of 1864, the regiment marched in the Twenty-third Army Corps, to join General Sherman, then at Tunnell Hill, Ga. It moved on the Atlanta campaign, and was engaged at almost every battle from Rocky Face Ridge to Atlanta. On the 6th of August it was engaged in an assault on the rebel works in front of Atlanta, and lost one hundred and three men out of three hundred. Thirty-six men were killed on the field, and eighty more died of wounds within the next thirty days. The colonel was disabled for life. After the evacuation of Atlanta, the regiment joined in the pursuit of Hood's army, and participated in the battles of Franklin and Nashville. It moved with the Twenty-third Corps to Wilmington, N. C., and was there actively engaged. It marched into the interior, and moved from Goldsboro to Raleigh, with Sher- man's army. It next moved to Greensboro, and from there to Cleveland, O , where it was mustered out of the service on the Ist of July, 1865, having served nearly three full years with the Union army.
The One Hundredth lost during its term of service sixty-five men killed in action, and one hundred and forty-two wounded; twenty-seven died of wounds ; one hundred and eight died of disease; three hundred and twenty- five were captured by the enemy, and eighty-five died in rebel prisons. The regiment participated in the battles of Lenox Station, Knoxville, Rocky Face Ridge, Resaca, Dallas, Etowah Creek, Atlanta, Columbus, Franklin, Nashville, Town Creek and Wilmington.
Field and Staff Roster.
. John C. Groon, colonel ; resigned May 13, 1863.
Patrick Slevin, colonel; prom. from lieut-col .; honorably discharged Nov. 30, 1864.
Edwin L. Hayes, colonel ; prom. from major to lieut-col .; prom. to col.
Franklin Rundell, lieut-col .; prom. from major ; mus. out with regiment.
John A. Shannon, major ; mus. out May 11, 1864.
Henry D. Taylor, major ; prom. from captain.
George A. Collamore, surgeon ; mus. out with regiment.
Leonard B. Griffing, chaplain ; discharged Aug. 9, 1864.
Roll of Company B.
Henry D. Taylor, captain ; prom. to major.
George W. Waterman, first lieut .; resigned Jan. 8, 1863. George D. Forsyth, second lieut .; prom. to first lieut.
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HENRY COUNTY.
Douglas O. Kelley, first serg't ; prom. to second lieut. Jan. 8, 1863. Absalom Yager, serg't ; prom. to first serg't Jan. 8, 1863. M. V. Marsh, serg't ; voluntarily returned to ranks.
Samuel Foltz, serg't.
Philo H. Holly, serg't.
Corporals. - William M. Simpson, promoted to sergeant, January 8, 1863 ; A. S. Clark, Henry Shaffner, John A. Haly, Samuel R. Elerton, voluntarily returned to ranks; Frederick Stockman, appointed color corporal; George W. Savage, Laran Emery.
Musicians. - John L. Halter, Joseph Grinn.
Wagoner .- Edward Pearse.
Privates. - Milton Atkinson, Montcalm Armstrong, John Bauman, Nicho- las Barnhart, Philip Bordner, John E. Bates, Conrad Bower, Alonzo A. Bab- cock, discharged Jan. 5, 1863 ; Peter Bump, Henry H. Beaver, Elisha T. Coon, appointed ward-master, Sept. 7, 1862 ; Orrin Crockett, deserted from hospital at Lexington, Jan. 6, 1863; James Crockett, Adam Councilman, Godfrey Councilman, Stephen B. Coon, died at Lexington, Ky., Nov. 16, 1862; Ed- ward H. Dawson, Joshua Dornor, Joseph M. Dornor, Joseph C. Dornor, Levi Dresback, William Dirr, Azra Freeman, Newton Freeman, died at Lexington, Ky., March 15, 1863 ; Henry Friday, John J. Falkinghor, Frederick Gherkin, Hezekiah Guyer, Walter F. Hunter, died at Lexington, Ky., Nov. 26, 1862 ; Daniel Hess, detailed as teamster ; Michael Hockman, died at Lexington, Ky., Nov. 15, 1862 ; Daniel D. Haly, Daniel D. Hartlett, Wilson Heaton, died at Lexington, Ky., Nov. 9, 1862; Gideon W. Hollopeter, appointed sergeant, Jan. 27, 1863 ; Benjamin F. Haynes, David O. Howard, Lewis Hitt, Isaac Howe, George H. Hollis, detailed as teamster; Lewis Hartley, William B. Hutchins, deserted Jan. 6, 1863, from Danville, Ky .; William Jackson, Edward I. Jaco- bus, William Kaufman, Lorenz Kaufman, John B. Lowry, Albert Lane, Henry Marsh, James McClure, David McClure, Alexander Morgan, August Maier, William H. Moorhead, Francis M. McKinnis, James C. Murray, William Meyril, Norman C. Rose, John Ricard, John H. Rhodes, Samuel Redman, Gilmore Red- man, Joseph T. Redman, James Simmons, Daniel O. Shepard, Samuel Stein- aker, appointed corporal ; Henry Stephens, Hiram Sisco, George W. Starr, Jo- seph Siford, John Siford, Joseph Shull, Henry Snyder, John Stickler, deserted ; Garrett Salsbury, Isaac Shook, joined company as recruit, Feb. 14, 1863; Jacob Snow, William Thrapp, James Taylor, George Vogle, Joseph W. Wells, John M. Zuber.
THE ONE HUNDRED AND TWENTY-FOURTH REGIMENT.
To the formation of this regiment, the county of Henry contributed parts of two companies, D and G, but the contingent of men in each was so small that it can hardly be said that either company was a Henry county contribu-
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HISTORY OF HENRY AND FULTON COUNTIES.
tion. The regiment was recruited from the northern counties of Ohio, with the exception of Company I, which came from Cincinnati. The regiment ren- dezvoused at Camp Taylor, and on the first day of January, 1863, marched into Cleveland, seven hundred and fifty strong, ready to take the cars for the field.
When the regimental organization became perfect, it was commanded as follows : Colonel, Oliver H. Payne; lieut- col., James Pickards ; major, James B. Hameson.
After leaving for the field the regiment made its first camp at Elizabeth- town, Ky., where it remained until March, when it returned to Louisville, and embarked on board transports, and in company with twenty thousand other troops, proceeded to Nashville, Tenn., where it arrived on the 10th. From Nashville it went to Franklin and encamped, remaining there until June 2d, building forts, perfecting its drill, and getting ready for active field service. On the 5th of March the " boys" had a sharp skirmish with the rebels who were in the vicinity.
The One Hundred and Twenty-fourth, with three other infantry regiments, a battery and some cavalry, under General Colburn, were sent on a reconnois- sance down the Columbia Pike. For a time they drove back the enemy, until Thompson's Ford was reached, when a general engagement ensued. The ene- my were much stronger and better posted than was expected, but the fight was stubbornly contested for some time, until the One Hundred and Twenty- fourth were enabled to safely guard the ammunition train and take it from the field.
On the 2d of June the camp at Franklin was abandoned and another pitched at Triune. A few days later the regiment was ordered to join General W. B. Hazen's brigade at Readyville. Again, after a reconnoissance to Elk River, they went into camp at Manchester. Here the regiment was assigned to the Second Brigade, Second Division of the Twenty-first Army Corps, with General Palmer as division, and General Crittenden as corps commander.
The corps then in August, crossed over the Cumberland Mountains in time to participate in the battle at Chickamauga, where it held a position on the left. Although this was the first severe fight in which the regiment took part, it nevertheless held its ground firmly, and stood well up to the work, and only after the lines were broken and the full force of the enemy's charge and fire were concentrated upon them, did the regiment fall back. During the Chick- amauga battle the regiment lost in killed, wounded and missing, one hundred and forty men. They then retreated to Chattanooga, and went into camp on the 22d of September While here the army was reorganized, and the One Hundred and Twenty-fourth was assigned to the Second Brigade, Third Divis- ion, of the Fourth Army Corps.
It next participated in the engagement at Raccoon Mountain, where the enemy's position was taken, and after camping there a few days, was relieved, and returned to camp at Chattanooga.
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HENRY COUNTY.
The regiment next took part in the battle of Mission Ridge, in which the men performed nobly, fought lively, and captured seven pieces of artillery, two cassions, eighty stand of arms, and a wagon-load of ammunition. Its loss here was twenty-three killed, four wounded, and nineteen missing.
On the 30th of November the regiment, with a portion of the army, marched to the relief of Knoxville, where it arrived on the 10th of December, but other re-enforcements having come earlier, the siege was raised, and the enemy retired from before that place. After remaining here a few days, the regiment went into camp at Clinch Mountain. From here they were driven by a large force of Confederates.
About the 15th of April, 1864, under an order from the war department to concentrate the army, preparatory to the spring campaign, the One Hundred and Twenty-fourth moved to McDonald Station, about thirty miles east of Chattanooga, where it was thoroughly clothed and equipped.
After a few days of rest the regiment marched to Tunnel Hill Station, on the railroad, and thence to Rocky Face Ridge. At this point the enemy was engaged, making a strong charge against his works, in which it suffered severely. Marching and fighting continuously, it made its way to Dalton, and from there to Resaca, Cassville aud New Hope Church. Here, again, it was en- gaged, and lost many brave men. The regiment then participated in the flank- ing movement to Jonesboro, and consequent evacuation of Atlanta, after which came a much needed rest of thirty days.
It then followed Hood's army to Gaylesville and Athens, Ala. ; thence to Pulaski and Columbia, passing through Franklin, and reaching Nashville in advance of the main forces, and went into camp behind the entrenchments of that place. In the battle of Nashville it took an active part, and at its close, joined in the pursuit of the defeated and demoralized rebel army. At Hunts- ville the chase was given up, and the force went into camp. From here it was ordered to Strawberry Plains, in East Tennessee. Thence back through Green- ville to Nashville, where, on the 9th of July, 1865, the regiment was mustered out of service. It was then sent home, and was paid off and discharged at Camp Taylor, near Cleveland, the place from which it started two and one- half years before.
On account of the small number of men from this county who were in companies D and G, of the One Hundred and Twenty-fourth Regiment, and the great difficulty in locating them accurately, no roster is given.
ONE HUNDRED AND SIXTY-THIRD REGIMENT-ONE HUNDRED DAYS SERVICE.
The One Hundred and Sixty-third Infantry Regiment was composed of the Forty-eighth Regiment, Ohio National Guard, of Richland!county, the Sev- enty-second Battalion, Ohio National Guard, of Henry county, the Ninety-
18
I38
HISTORY OF HENRY AND FULTON COUNTIES.
sixth battalion, Ohio National Guard, of Ashland county, and the Ninety- ninth Battalion, Ohio National Guard, of Stark county. The regiment was mustered into the United States service at Camp Chase, Ohio, on the 12th day of May, 1864, and on the 13th of the same month it proceeded to Wash- ington City, under orders from General Heintzelman, commanding the depart- ment of Ohio. Upon arrival at Washington the regiment was assigned to the First Brigade, First Division, Twenty-second Army Corps, with headquarters at Fort Reno, District of Columbia. The regiment remained here on duty until the 8th of June, when it was ordered to the front, and proceeded in transports to White House, Virginia, and thence to Bermuda Hundred. It reported to General Butler, at Point of Rocks, Va., on the 12th of June, and on the 14th took part (with General Turner's division) in a reconnoissance on the Petersburg and Richmond Railroad. Two hundred and fifty of the men were engaged in a severe skirmish on the 15th, and were highly complimented by the brigade commander, who said, " they comported themselves like veterans." On the 16th the regiment proceeded to Wilson's Landing, and from that point made several reconnoissances to the west side of the James River. It also assisted in building a large portion of the works known as Fort Pocahontas. On the 29th of August the regiment was relieved from duty, and proceeded to Columbus, O., where it was mustered out September 10, 1864. The Sev- enty-second Battalion, Ohio National Guard, of Henry county, when mustered into service became Company G, about eighty-five strong.
Field and Staff Officers. - Hiram Miller, colonel ; John Dempsey, lieuten- ant- colonel ; Aaron S. Campbell, major ; Alex. Sutherland, surgeon; James O. Carter, ass't-surgeon ; David C. McMillen, ass't surgeon ; Andrew M. Burns, adjutant ; Samuel L. Nash, quartermaster ; Samuel D. Bates, chaplain.
Muster Roll of Company G .- Ransom P. Osborn, captain ; Charles W. Kalo, first lieut .; Henry E. Cary, second lieut .; Thomas R. Carroll, John Gard- ner, Wellington D. Golding, Henry Yeager and John Waterman, sergeants ; Jabez Dennis, David Foulk, Cyrus Gunn, Hampton Harrison, Luke Lemmest, Wallace Blair, Milton E. Heller and Thomas Williams, corporals; John Ball- ner, drummer ; Jonas Adams, fifer.
Privates. - Frederick Aller, John Battenfield, John Battles, Fenton Brooks, Daniel Bascom, Wheaton P. Barnes, Jacob Breikhiser, Baxter Burgess, George Banks, James Corbin, William Campbell, George Davis, William Dota, Benja- min F. Dennis, Edward Dodd, Gifford D. Ellenwood, Stillwell Hess, Henry Howard, James Henry, Hiram Gilson, Rease Gilson, Lewis A. Groff, Thomas Ireland, Stephen H. Jacobs, Charles Kegler, Morris Killets, William Lowry, William Lighthiser, Miller Long, John Leiter, Samuel Leiter, Samuel Margratt, Isaac Masdeen, Maxwell F. Mealey, Philetus Merriman, Frank Mason, Elton Masten, David Moffett, William McComb, Martin Ohler, John Paul, Lewis Pearce, Volney Powell, George Powell, Winfield Randall, Joseph N. Ritter,
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HENRY COUNTY.
George W. Raff, Landon Raff, Washington Radle, George Smith James Shas- teen, Hiram S. Shoemaker, Robert B. Smead, Joseph M. Spangler, Asa C. Senter, Israel Smith, Achilles Smith, Romaine Tyler, Joseph Travis, George Valentine, Isaac Williams, John Yeager, George W. Zellner, Solomon Zeddi- ker, Nathaniel Hartman, discharged ; Charles DeLong, transferred ; Archibald Worthington, deserted.
THE ONE HUNDRED AND EIGHTY-FOURTH INFANTRY.
This was one of the regiments raised under President Lincoln's last call for one year troops. It was organized in February, 1865, at Camp Chase. To the formation of the regiment Henry County contributed one full company, B. Immediately after muster the regiment was ordered to Nashville, and from thence proceeded to Chattanooga; thence to Bridgeport, Alabama, reaching the latter point about the 21st of March, and was engaged in the duty of guard- ing an important railroad bridge over the Tennessee river. It also acted as guard over a considerable line of railroad between Bridgeport and Chattanooga and frequently came in contact with guerrillas that infested the region, and squads of rebel cavalry.
On the 25th of July the regiment was ordered to garrison duty at Edgfield and remained at that place until mustered out of service. Returning to Camp Chase, the men were paid off and discharged on the 27th day of September, 1865.
In the One Hundred and Eighty-fourth was much excellent material - many of the men having been in the service in other regiments-and although while in this command they were in no general engagement, they, nevertheless, rendered important service in the country to which they were assigned.
IN OTHER COMMANDS.
While the record above mentioned purports to, and does contain the expe- riences and vicissitudes of the regiments and parts of regiments from Henry county, still there were other commands in which the county was represented, but with so small a number of men as to make an extended notice of them un- necessary. Looking over the records of the county's soldiery it is found that there was a small contingent of the One Hundred and Twenty-fifth represent- ing the county in Company I. On the field and staff roster is found the name of Dr. Henry McHenry, who was the regimental surgeon. In all there were about fifteen men from this county that belonged to the regiment.
Then, again, it is found that several, not more, men of the county enlisted in the Ninth Cavalry, which was commanded by Colonel William D. Hamil- ton. The Eighth, Ninth and Tenth Regiments, O. V. Cav., were raised late in 1862 by Governor Tod, under the instructions of the president.
Other regiments that had a few representatives of Henry County, were the
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HISTORY OF HENRY AND FULTON COUNTIES.
Third Cavalry, the Twenty-first Infantry, the Eighty-eighth Infantry, the One Hundred and Eleventh Infantry, the One Hundred and Eighteenth, the One Hundred and Twenty-eighth Infantry, and perhaps others of which no record can be accurately obtained.
CHAPTER XIII.
THE BENCH AND BAR.
T was many years after the organization of Ohio before the northwestern I portion of the State had either Bench or Bar ; and for a long time after the territorial government had ceased the only courts known were the Indian coun- cil and the court martial, while the bar consisted of the feathered chief and the uniformed commander.
The jurisprudence of the State, as of all the northwestern territory embraced in the Virginia cession, was founded on the common law of England, modified and construed by the several charters of King James I to the early settlers of Virginia, and by the ordinance of 1787. In 1793, by the territorial legisla- ture, a statute was adopted from Virginia declaring " that the common law of England and all statutes made in aid of the common law prior to the fourth year of James I, which were of a general nature, should be a rule of decision until repealed." By the second section of the act of February 22, 1805, this act was repealed, but by the first section of the act was re-enacted ; it was again repealed January 2, 1806. So it may safely be said that the British statutes never had any effect in Ohio save as adopted by the Legislature. [1 Chase, 190, 512, 528]. The English common law, however, so far as reason- able in itself, suitable to the condition and business of our people, and consist- ent with the letter and spirit of the Federal and State constitutions and stat- utes, ever has been and is followed by our courts and may be said to constitute a part of the common law of Ohio. [2 O. S. 387.]
After the organization of the State by the adoption of the constitution of 1802, the written law of Ohio may be said to have commenced, but the prac- tice was far from uniform, and it was not until 1845, when the able work of Joseph R. Swan, whose name needs no title to the bar of Ohio, Practice and Precedents, was published, that uniformity began to prevail with either bench or bar. Previous to that time, paraphrasing from the preface of that able work, most of the members of the bar and bench, whose opinions moulded our judi- cial system, had pursued their legal studies in other States of the Union, and brought with them a high respect for the practice and decisions of the courts
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HENRY COUNTY.
where they were educated. Almost all the States of the Union had been thus represented at our bar and upon our bench, and had produced a very great diversity of law in different parts of the State. In truth, a local common law existed to some extent in each judicial circuit. In one the English common law was looked to as the only pure fountain ; in another the common law of England was modified by the laws of New York; in another the common law of Massachusetts ; in another of Connecticut; in another of Pennsylvania. The statutes of the State indicated the same heterogeneousness. The practice act came from New Jersey ; the attachment law from Pennsylvania ; the adminis- tration law from Massachusetts, and the non-imprisonment act from New York. This state of things sometimes gave rise to divisions of opinions in the court in bank, and often subjected the adjudications to severe and unjust criticism.
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