United States Reports/Volume 1/Preliminary Pages
Reports
of
Cases
Ruled and Adjudged in the
Courts OF Pennsylvania,
Before and Since the
Revolution:
By A. J. Dallas, Esquire.
Atque eo magis necessaria est hæc opera, quod et nostro sæculo non desunt, et olim non defuerunt, qui hanc juris partem ita contemnerent, quasi nihil ejus præter inane nomen existeret.
Grotius.
Philadelphia:
Printed, for the Reporter, by T. Bradford.
M,DCC,XC.
WE all knowing the Learning, Integrity and Abilities of Alexander James Dallas, Esquire, Counsellor at Law, do, for the common good, approve and recommend the printing and publishing his Book, intitled, “Reports of Cases ruled and adjudged in the Courts of Pennsylvania, before and since the Revolution.”
Thomas M’Kean.
William A. Atlee.
Jacob Rush.
George Bryan.
Edward Shippen.
Philadelphia, 29th April, 1790.
To the Honorable
Thomas M’Kean, Esquire, L.L.D.
Chief Justice of the State of
Pennsylvania, &c. &c.
Sir,
In adressing this volume to you, the public will readily acknowledge the justice and propriety of the tribute; since a work of this nature is only to be esteemed, like a mirror, for the truth and accuracy with which its object is reflected; and I do nothing more on the occasion, than present you with your own portrait, in which all the praise I covet, or deserve, is that of having preserved some resemblance of the original.
But, independent of this consideration, the opportunity of making the present offering, yields a high gratification to my feelings and my pride. By the uniform curtesy and cordiality of your attentions, I have naturally been inspired with sentiments of esteem and attachment; and, it would betray great insensibility, were I not aware of the advantage of delivering these Reports to the world, under the sanction of your avowed approbation and patronage. Hence, Sir, I consider the enjoyment of your good opinion as an honorable source of self gratulation, and the testimony of your judgment as a sure recommendation to the public.
Were I here inclined to pursue the beaten track of dedications, permit me, Sir, to observe, that an occasion, or a subject, more favorable, seldom can occur. It is my intention, however, that this address should be viewed, not as the eulogy of a patron, but as an instrument of thanks, and a token of regard: For, History which may applaud without the suspicion of flattery, must hereafter do justice to your merits; but it is by this opportunity alone, that I could enjoy the satisfaction of publicly declaring the respect and esteem, with which
I am, Sir,
Your obliged and
Most obedient Servant,
A. J. Dallas.
Philadelphia, 1st May, 1790.
Preface.
Of the reasons which induced me to undertake this work, and of the difficulties that have attended its execution, it will be enough, at this time, to observe, that the former originated in the wish of some friends, whom I was desirious to oblige; and that the latter would hardly have been surmounted, without the liberal assistance of the Bench and the Bar, which I shall ever be proud to acknowledge.
Perhaps, indeed, there never was a book, for the faults of which the Publisher is so entirely subject to censure, and yet so little entitled to praise for its merits. The opinions of the respectivle Courts, upon many of the most important points, the Chief Justice, and Mr. President Shippen, obligingly permitted me to transcribe from their notes; several of the decisions, previous to the year 1787, were kindly furnished by Mr. Rawle; the briefs of the different counsel were, on every application, freely communicated; and each case, before it was sent to the press, underwent the examination of the presiding Judge of the Court in which it was determined. Besides these advantages, with refspect to the materials of this compilation, I have remarked a candid disposition among the members of the profession, to excuse any defects or inacuracies that may appear, in the mere style and mode of publication: And, therefore, I anticipate with pleasure, that, as a consequence of such encouragement and indulgence, some one, more able, will be tempted to follow my example, and render an essential service to his country, by perserving the principles on which the future judgments of our Courts are founded;—a matter, that, in every point of view, whether we consider the present political situation of the Union, the improvements in the judicial system under the Constitution proposed for this State, the advancement of agriculture, or the extension of commerce, must daily become more interesting and important to the liberty, peace, and property of every citizen.
The work now submitted to public scrutiny, must, at least, serve to facilitate the labors of the student, by apprising him of those points of law which have already been discussed and decided: Nor will it be without its use in furnishing some hints for regulating the conduct of Referees, to whom, according to the present practice, a very great share of the adminisration of justice is entrusted. But, I confess, that my hopes will not be completely gratified, unless these Reports, likewise, tend to shew, the pure and uniform system of jurisprudence that prevails in Philadelphia; of which, however, the best evidence is her flourishing condition at home, and her respectable character abroad.
If the reception of this volume justifies me, it is possible that I should hereafter be induced to undertake the publication of another; for which sufficient materials are already in my possession. But I have so much occasion to bespeak candor for what I have done, that shall not be surprized, if it is deemed dangerous and impolitic, thus to extend the view of the Public to what I may do.
A. J. Dallas.
Philadelphia, 1st May, 1790.