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Updated: May 27, 2025
Despite both women having concocted the plan and being signatories to this document agreeing to surrogate motherhood, he was an adulterer according to both, not so much for the other women that he had been with, but by being the natural father and husband of one and the legal husband of the other.
To constitute that authority, in every war, a commission under the great seal issues to the Lord High Admiral to will and require the Court of Admiralty, and the Lieutenant and Judge of the said court, his surrogate or surrogates, and they are thereby authorised and required to proceed upon all and all manner of captures, seizures, prizes, and reprisals, of all ships and goods that are or shall be taken, and to hear and determine according to the Courts of Admiralty and the Law of Nations.
Frappier's house being thought injurious to Pierrette, owing to the noise in the street which increased the sufferings in her head, she was taken to that of her surrogate guardian, the change being as necessary medically as it was judicially. The removal was made with the utmost caution, and was calculated to produce a great public effect.
No man had a better opportunity than Samuel Young, Esq., of knowing Colonel Burr's habits and conduct while stationed in Westchester. Mr. Young was at one time a member of the state legislature, and for many years surrogate of the county. The following letter contains some interesting details.
Nevertheless, I am in a dream, a flustered, happy, hurried dream. I can't believe that it is going to be; and yet I can't believe but that everyone I pass in the street, must have some kind of perception, that I am to be married the day after tomorrow. The Surrogate knows me, when I go down to be sworn; and disposes of me easily, as if there were a Masonic understanding between us.
This last will and testament being shown to the Purser, who, it seems, had been a notary, or surrogate, or some sort of cosy chamber practitioner in his time, he declared that it must be "proved."
One of our clerks, who was an outsider, used, in the height of this contest, to sit with his hat on, that he might be ready to rush out and swear before a surrogate any victim who was brought in. The system of inveigling continues, I believe, to this day.
An Act was passed for the better regulation of the militia; the nomination and appointment of parish and town officers were provided for; the payment of wages to the members of the House of Assembly, at a rate not exceeding ten shillings per diem, was authorized and provided for; the laying out, amending, and keeping in repair the public high roads was regulated, the roads not to be less than thirty nor more than sixty feet wide; marriages solemnized by justices of the peace, before the separation, were to be valid, and in future justices of the peace were empowered to marry persons not living within eighteen miles of a parson of the Church of England, the form of the Church of England to be followed; the times and places of holding Courts of Quarter Sessions were fixed; the further introduction of slaves was prevented, and the term of contracts for servitude limited; a Court of Probate was established in the Province, and a Surrogate Court in every district; Commissioners were appointed to meet Commissioners from the Lower Province, to regulate the duties on commodities, passing from one Province to the other; a fund for paying the salaries of the officers of the Legislative Council, and for defraying the contingent expenses thereof, by a duty of four pence a gallon on Madeira, and two pence on all other wines imported into the Province was established; the destruction of wolves and bears was encouraged by a reward of twenty shillings for a wolf's head, and of ten shillings for a bear's head; returning officers were appointed for the several counties; and a further fund for the payment of the House of Assembly and its officers was created, by an "additional" duty of twenty shillings to be levied on all licenses for the retail of wines or spirituous liquors.
And that made it necessary for the surrogate to appoint an administrator, who, in this case, Viola renouncing her natural rights, was Miss Mary Carwell. "I'd rather you acted than I," Viola had said, though she, being of age and the direct heir, could well and legally have served. Miss Carwell had agreed to act.
They moved across the street and joined housekeeping with another family. Judge Clemens had one hope left. He was a candidate for the clerkship of the surrogate court, a good office, and believed his election sure. His business misfortunes had aroused wide sympathy.
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