Attorney General of the United States, and Mr. Raney, afterwards Judge of the supreme court of the state of Ohio. Occasionally the learned men of the convention indulged their sense of humor, and among other incidents of the debates I recall the following:

Among other members of the convention there was an uneducated man by the name of Sawyer. Mr. Stansbury, of the committee on the judiciary, reported a provision relating to the powers of certain courts, authorizing them to issue writ of habeas corpus, procedendo, quo warranto, and mandamus.

Mr. Sawyer objected to these Latin terms being in the constitution on the ground that many of his constituents could not understand the meaning of such terms and he wanted the committee to put the words into English language, and also asked for an explanation of the meaning of these words.

Mr. Stansbury very courteously explained that the difficulty was not in the use of the terms proposed, but it was because his friend did not understand the nature of these writs. For the benefit of Mr. Sawyer he explained their meaning, but suggested that the use of any English terms or words would not make the character of the writs any better understood to those who are not familiar with the law. He said that the literal meaning of the words "habeas corpus" was to have the body, and the writ was issued in case any one complained of being illegally imprisoned, or restrained of their personal liberty, and was intended for the purpose of having the body of the person in whose behalf the writ was issued brought before the court, in order that the cause of his restraint or imprisonment might be inquired into and its legality or illegality be determined; that to call the writ, a writ to have the body, would not make the term any more intelligent than to use the words "habeas corpus."

That the word "procedendo" simply meant to proceed or go ahead, and was a name of a writ that was issued by the appellate court to an inferior tribunal, authorizing them to proceed in accordance with the opinion of the appellate court. Out of respect to the character of a man who had become famous in the west, of an early day, he would suggest to his friend Sawyer that this writ might be called a writ of "David Crocket," as it was a favorite motto of that individual to "Be sure you are right and then go ahead."

That the literal meaning of the words "quo warranto" was, "Why do you do it?" It was a writ issued by some superior court to an inferior court or tribunal, corporation or officer, to ascertain by what authority they exercised certain powers; that the only term in English that would express the particular character of the writ would be the words, "Why do you do it?"

The writ of "mandamus" was a writ issued by the court commanding some inferior tribunal or officer to do and perform certain duties which were required by law and which he had refused to perform. That the only words in the English language that would properly define the character of this writ would be, "Do it, damn you."

It is not necessary to add that Mr. Sawyer gave the convention no further trouble in regard to the Latin names of these writs.

CHAPTER II

Early Experiences in Iowa

In the spring of 1850 I had determined to seek a location for the practice of law in some western state. I first thought of migrating to Oregon, but gave up that idea for the reason that I feared if I traveled that far from my intended I might never have the means to go back to Kentucky to claim her. So, finally, I fixed upon the idea of removing to Iowa. Before deciding this important question, however, I wrote to my intended wife explaining to her the situation and again calling her attention to the uncertainties of the future. As she was two years older than myself I felt that it was hardly justice to her to insist upon our engagement if she felt that my future was too uncertain. I received in answer to this letter a kind assurance that her faith would not fail, and she cited that beautiful passage of scripture containing the answer of Ruth to Naomi: "Entreat me not to leave thee, or to return from following after thee: for whither thou goest, I will go; and where thou lodgest, I will lodge; thy people shall be my people, and thy God my God: where thou diest, will I die, and there will I be buried: the Lord do so to me, and more also, if aught but death part thee and me."

The spring of 1851 I returned to Kentucky for a short visit, my brother Joseph having loaned me fifty dollars in money and trusted me for a new suit of clothes. In the meantime my father had removed to Millersburg, Kentucky, and commenced teaching there, a branch of what I think was known as Johnson's Military Academy, the principal school being at Blue Licks, Kentucky, in charge of James G. Blaine, afterwards a republican candidate for President of the United States. The lady he afterwards married also assisted my father, and received visits from Mr. Blaine on Saturdays and Sundays. It was whilst residing here that my sister Susan became acquainted with your grandfather, William Vimont, whom she married in January, 1853.

Old Stone House on Public Square,
Sharpsburg, Md.
Birthplace of Charles Clinton Nourse

It was the latter part of May, 1851, when I started west "to grow up with the country." We had then no railroads reaching the Mississippi river from the east, and I took the steamer at Louisville, Kentucky, for St. Louis, Missouri. At St. Louis I took the steamer for Iowa, not yet determined as to my landing. The waters of the river were at flood tide, and on our passage up we saw frame houses floating past us. I landed in Burlington the last day of May, and stopped at the Barrett House. I was not acquainted with a single person in the state of Iowa, had no relative, kindred, or friend to whom I could apply for advice or assistance. After a hearty dinner I retired to my room, took a chair, put my feet up on my trunk, and held a consultation with myself. The question before the house was, what to do next. I had with me a general letter of recommendation from Professor Dodd, then president of Transylvania University, and a particular friend of my father, and another from Dr. T. O. Edwards of Lancaster, Ohio, an ex-member of congress from that state, and also my letter as a member of the Methodist Episcopal church, and my diploma signed by the law faculty and trustees of Transylvania University. After proper consideration I inquired of the landlord of the hotel where I could find a Methodist preacher, as I was satisfied there must be such a person in the city. He directed me to the parsonage. I called upon the minister and made his acquaintance, the Reverend Mr. Dennis, who afterwards obtained some notoriety as a pastor in Kansas at the time of the Kansas troubles. He was a tall, white haired man of pleasant countenance and affable manners. I showed him my papers and told him my object in calling upon him was, through him, to make the acquaintance of some of the leading lawyers of the city from whom I could obtain information and determine what part of the state I would attempt to locate in. At that time the supreme court of the state of Iowa was in session in Burlington, consisting of Joseph Williams, Chief Justice, George Greene and John F. Kinney, justices. Mr. Dennis informed me that the judges were boarding at the same hotel, the Barrett House, and he made an appointment to go with me to their consultation room that afternoon and introduce me. We made the visit and I found the judges of the court very cordial, and at their request I produced my diploma from the law school, told them who I was and where I was from, and that I desired some information in regard to the best possible location for a young attorney. They