Page:Hempstead's Reports.pdf/16

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.

PREFACE.


THIS volume of reports is presented to the profession to preserve the decisions of the federal courts of Arkansas in a more enduring form than in tradition. Adjudged cases become precedents, and it is therefore important that they should be known. In fact, if we have to appeal to recollection, or neglected records, justice safely administered can hardly be expected. Those practising in these courts have felt the inconvenience arising from the want of a published report of their decisions. If this volume shall wholly or partially remove the evil, my labor will not have been lost. It can never be a source of profit to me, and certainly distinction is not won by performing the duties of reporter. It forms a sort of judicial history of Arkansas from its commencement as a Territory down to this time, and in that point of view will possess some interest there, if not elsewhere. The decisions of the superior court are embraced, because it is conceded on all hands that the court was always an able one; and although this book, no doubt, contains many cases of little or no value, yet in that respect it is not different from other reports. Whilst tautology has been omitted in the opinions, the substance, and generally the exact language of the court, has been preserved. Cases sustaining a principle decided have been added; and if time had permitted, I should have made full notes to the cases.

The late BENJAMIN JOHNSON, of Arkansas, who sat in those