ate of Tennessee," vol. i. p. 209; "Acts of
the State of Ohio," pp. 95 and 210; and "Digeste general des Actes de la
Legislature de la Louisiane."

Appendix R

If we attentively examine the constitution of the jury as introduced
into civil proceedings in England, we shall readily perceive that the
jurors are under the immediate control of the judge. It is true that the
verdict of the jury, in civil as well as in criminal cases, comprises
the question of fact and the question of right in the same reply;
thus--a house is claimed by Peter as having been purchased by him: this
is the fact to be decided. The defendant puts in a plea of incompetency
on the part of the vendor: this is the legal question to be resolved.
But the jury do not enjoy the same character of infallibility in civil
cases, according to the practice of the English courts, as they do in
criminal cases. The judge may refuse to receive the verdict; and even
after the first trial has taken place, a second or new trial may be
awarded by the Court. See Blackstone's "Commentaries," book iii. ch. 24.

Appendix S

I find in my travelling journal a passage which may serve to convey a
more complete notion of the trials to which the women of America, who
consent to follow their husbands into the wilds, are often subjected.
This description has nothing to recommend it to the reader but its
strict accuracy:

". . . From time to time we come to fresh clearings; all these places
are alike; I shall describe the one at which we have halted to-night,
for it will serve to remind me of all the others.

"The bell which the pioneers hang round the necks of their cattle,
in order to find them again in the woods, announced our approach to a
clearing, when we were yet a long way off; and we soon afterwards heard
the stroke of the hatchet, hewing down the trees of the forest. As we
came nearer, traces of destruction marked the presence of civilized
man; the road was strewn with shattered boughs; trunks of trees, half
consumed by fire, or cleft by the wedge, were still standing in the
track we were following. We continued to proceed till we reached a wood
in which all the trees seemed to have been suddenly struck dead; in the
height of summer their boughs were as leafless as in winter; and upon
closer examination we found that a deep circle had been cut round the
bark, which, by stopping the circulation of the sap, soon kills the
tree. We were informed that this i