This article is adapted from a presentation at the IAJGS conference in Los Angeles, July 2010.—Ed.
I had the record of his New York 1881 arrival from Russia. The New York City directories clearly listed Jacob Warschawski as a printer; but he dropped out of the directory listings for several years before reappearing again. Yet, a farmer? Kansas? I figured either a gross misspelling of his name or an error by a name collector best explained his absence from the directories. Then, on a visit to Petaluma, California, I heard about Russian chicken farmers who had settled there. Soon, thereafter, I learned of a Jewish agricultural settlement in Woodbine, New Jersey. Perhaps there were Jewish farm communities in Kansas after all. I sat down at the computer and entered, “Kansas, Jewish, Farm” into the search box for Goggle Books. Lo and behold, up came a 1984 Master’s thesis: Sod Jerusalems: Jewish Agricultural Communities in Frontier Kansas.[1] As I turned to Chapter Ten, a history of the Jewish colony of Touro, Kansas, my mouth fell open as I read: “Jacob Warschawski was a printer, a good printer, one of the best. Within a few months at Touro, he was working for the Kearny County Advocate.” Your great-grandfather, Jacob Warschawski,” my mother told me, was a printer from Russia. He came to New York, then left for a while to work on a farm in Kansas.” I sighed. Yet another bube meise (fairy tale) in my family. First, it was that the Russian czar had dropped in for a drink at my great-great grandmother’s kretchma (inn) in Lazdijai. Then, that Napoleon Bonaparte, fleeing the Russians, came to the shtetl (village) of Panemune, where he was hidden by our family and, in gratitude, rewarded them with duchies in Sweden. Now, my great-grandfather was a Western pioneer.
Thus began my research into what had been the missing years in my great-grandfather’s story. As I began to explore just what winds could have blown him and others from New York City and set them down in the midst of the Kansas plains, I began to learn that he had been in the midst of something very interesting, indeed.
The story of Jewish agricultural colonies in the United States is a fascinating tale of both idealism and pragmatism; of an uneasy but necessary alliance in America between established German and newly arrived Russian Jews, who ostensibly had the same goals but, in reality, often had different agendas. It is a lesson in the importance of community for survival. And it is the story of how the brute forces of nature can sometimes defeat even the most vivid of dreams.
The seeds for the Jewish agricultural colonies in America actually were sown in Russia, following the 1881 assassination of Alexander II, the pogroms in Elizabetgrad, Kiev, and Odessa, and the 1882 Temporary Edicts of Alexander III, which restricted Jews from living in rural areas and towns and eliminated Jewish students from Russian high schools and colleges.[2] The hopes of the Russian Jewish intelligentsia, that the Russian and Jewish embrace of Haskalah (Enlightenment) values: knowledge, progress, emancipation, and increased assimilation, would finally bring peace and cultural flowering to the Jews of Russia, were now dashed. For the common folk, the choices were simple: remain in Russia to wait out the current storm and hope for better days or leave for America. For some of the Jewish students and intelligentsia, their options were more nuanced: stay and join a revolutionary movement to fight for change or leave to establish new centers of Jewish life. Those who decided to leave and establish new centers were fueled by the writings of Peretz Smolenskin (Am Olam, 1872) who rejected assimilation and emancipation as a key to Jewish security and Leon Pinsker (Autoemancipation, 1882) who called on the Jews to become a people like others with a fixed territory of their own. They were influenced, as well, by the Russian writers, Turgenev and Tolstoy, who wrote of achieving redemption through labor, and by Moshe Leib Lilienblum, that Jews could be successful farmers like everyone else.[3]
Thus, two emigration movements were formed. One, called BILU, gazed to the East, to Palestine. The other, called Am Olam (Eternal People), looked West, to America. Though the focus of BILU centered primarily on a cultural and national Jewish revival and the focus of Am Olam was on a socio-economic solution, both envisioned creating an independent Jewish entity in these lands. BILU supplied the earliest of the chalutzim (pioneers) to what one day became the State of Israel and Am Olam provided the settlers for the Jewish agricultural colonies in the U.S.[4]
Like the various Zionist “camps” that arose in Russia, the various Am Olam groups had differences, as well. While the Odessa group sought to establish in America model communities on a socialist or collectivist basis, the group from Kiev favored individual farming, focusing instead on the need to revitalize the Jewish people through productive work.[5] The Am Olam group from Kremenchug, which, in 1882, founded a colony in South Dakota, seemed to embody both principles. Their constitution stated that their colony was founded, “…to help in the liberation of the Jews from economic and spiritual bondage, so as to bring them justice, freedom, and peace. It aims to prove that the Jews, like other groups, are capable of becoming agriculturists….All members constitute one family possessing equal rights and privileges. …Since the colony is founded on a cooperative basis, all the crops will be divided equally between the membership.”[6]
It should be noted, that while there were a number of Jewish collective farming communities in Russia at this time (32 agricultural colonies in the Kiev area alone, consisting of almost 8,000 individuals), it appears that the majority of both the BILU and Am Olam members were students and intellectuals who were not familiar with agriculture.[7] We know, from the attention that historians of Zionism have placed on BILU, of the problems these young pioneers faced when they arrived in Palestine; how woefully unprepared they were to be farmers. But since the Am Olam group has received, in comparison, little attention, we are not as familiar with the struggles of these Jewish pioneers in America.
Let us leave, now, for a moment, these small bands of ideologically committed Russian Jews as they prepared to board their boats and see what awaited them in America. It cannot be said that these Russian Jews were the first to bring the idea of agricultural colonization to the U.S. In 1820, Moses Elias Levy organized a short-lived attempt to settle 50 Jews from New York, New Jersey, and Delaware on land that he had purchased in Florida. That same year, Mordechai Manual Noah proposed establishing a Jewish agricultural colony on Grand Island, near Niagara Falls. The Jewish farm colony of Sholem, in Warwarsing, New York, was in existence from 1837–42; in 1843, a brief attempt was made to establish a farm community in Schaumberg, Illinois; and in 1855, the briefly lived Hebrew Agricultural Society was formed in New York.[8] In fact, by the time the Am Olam groups stepped off the boats, there already had been much discussion about agricultural colonies on the part of the German Jews in America.
The fact was that the German Jewish community saw trouble coming. By the 1860s, it was beginning to be clear to them that the Jews of Russia were in dire straits and that the trickle of emigration would soon grow. Plans for colonizing Russian Jews in Iowa, Kansas, and Nebraska had actually been proposed back in 1868.[9] Following the pogroms, the trickle did grow: 1,200 Russian Jews arrived in 1881; 2,500 in 1882. Where would they go? How would they make a living and afford a place to live? How long would they be a financial drain on the German Jewish community? Unlike a number of the German Jews who came to the U.S. with a degree of wealth and sponsorship from family back home, these Russian Jews arrived literally penniless.
German Jewish leaders began to worry that the agencies they had set up to help, such as the Russian Relief Committee and the Hebrew Emigrant Aid Society, would soon be overwhelmed. (Indeed, by 1886, 100,000 Russian Jews had arrived and, soon after that, 100,000 arrived each month!) They also were concerned that most Americans would not make a distinction between the assimilated German Jewish community and these unwashed hordes coming off the boat.[10]
One solution was to put the Russian Jews on farms out west, where they could become economically self-sustaining (and far away). In the 1880s, farming was still a major occupation in America and cheap land for settlement was still available through the Homestead Act of 1862. This granted 160 acres of land to any adult citizen or applicant for citizenship who filed an application for the land, built a 12 x 14 house upon it, plowed at least ten acres, and lived on it for five years. After five years, the homesteader could file for his patent by submitting proof of residency and the required improvements to a local land office. Title could also be acquired after a six month residency, provided the claimant paid the government $200 ($1.25 per acre).[11]
In 1881, then, as the first Am Olam groups from Kiev and Elisabetgrad stepped off the boat needing to find backers to help them purchase land and farming implements, they were approached by representatives of the German Jewish community offering exactly those items. Between 1881 and 1888, 25 Jewish agricultural colonies were established in the U.S., many of them joint ventures involving German Jewish backers and Russian Jewish labor. They were established not only in the West (Utah, Kansas, Colorado, North Dakota, South Dakota, Oregon, Wyoming) but in the South and Southwest (Louisiana, Virginia, Arkansas, Texas), Midwest (Michigan) and the East (DC and New Jersey). From 1891–1912, other agricultural colonies were established in Maryland, Connecticut, Illinois, Wisconsin, California, and Alabama.[12]
| Of the 25 Jewish agricultural colonies established between 1881–88, eight were in Western Kansas. |
From the outset, the joint ventures experienced inherent conflicts. First was the clash of expectations: The Am Olam groups were eager to fulfill their dream of establishing a collective Jewish enclave in America, while the German Jews were eager to establish them as independent, assimilated, American farmers.[13] Second, in addition to the Am Olam farmers, the German Jews also included in their sponsored colonies, other Russian Jews who had no particular passion for Jewish socio-economic revival, merely their own welfare and the welfare of their family. This sometimes set up conflicts among group members. These, however, as we shall see shortly, were only minor problems compared to the other challenges that confronted the colonists.
Of the 25 Jewish agricultural colonies established between 1881–88, eight were in Western Kansas. The Montefiore Agricultural Aid Society of New York, under the direction of Michael Heilprin, established four of these colonies in Kansas.[14] The Hebrew Union Agricultural Society, organized under the aegis of Reform Jewish leadership in Cincinnati, sent a group there, as well. These societies provided the initial capital needed to pay for transportation out West and to purchase supplies for the settlers until they could become self-sufficient. The Hebrew Union Agricultural Society, for example, paid the homesteading fee ($200) for each family and supplied them with food and clothing every other month for the first year.[15] The list of the equipment they provided, included, “…wagons, horses, steers, harnesses, cows, sheep, poultry, agricultural and mechanical implements, dairy vessels, provisions, tents, cots, lanterns, lamps….”[16]
Among the Kansas colonies was Beersheba, funded by the Hebrew Union Agricultural Society of Cincinnati in 1882. When, a year later, the colonists leased part of their holdings to a cattle syndicate, the Agricultural Society took back the equipment they had supplied and the colony ended by 1885. Heilprin’s Montefiore Agriculture Aid Society underwrote the Montefiore colony in 1884, but two straight years of drought ended it in 1885. Next, they formed Lasker, also in 1884, but it was dissolved when the colonists sold their land to an irrigation company in 1886. This was followed by Hebron in 1886 with 30 families. It quickly grew to 80 families encompassing 300 individuals, but two severe winters did them in and, by 1889, the enterprise collapsed. One dozen families from Rumania started Gilead in 1886, which managed to hang on for nine years before ending in 1895.[17] And then, there was Touro, another colony sponsored by the Montefiore Agriculture Aid Society which, I think, best illustrates the challenges faced by the Russian colonists.
In March of 1886, twelve families, including my great-grandfather, Jacob, left New York for southwest Kansas.[18] Though I knew that the Transcontinental Railroad had been completed 17 years earlier, I was still surprised when I looked at railroad lines and schedules, to see how routine train travel was to the West by the mid 1880s. The Atchison Topeka and Santa Fe Railroad had three daily express trains from New York to Kansas.[19]
After a railroad trip of three days, the group disembarked in Garden City, Kansas, where they signed for their claims at the land office and purchased supplies. From there, the group traveled 25 miles west by covered wagons to Lakin and then 12 miles north to the site on which colonists would establish their colony. What made this site different from all other sites? The most important factor was that both a local rail line and a wagon service ran alongside the land to be settled by the colonists which would connect them with Lakin, and Lakin, in turn, was the rail connection for cargo and passengers to both the West and the East coasts.[20]
Signing for a claim meant picking out a piece of land on which to homestead. Land for sale or for homesteading was divided into areas known as townships, each township consisting of a 6-mile by 6-mile square. Each township was then divided into 36 equal sections, each section measuring one mile by one mile. Each one square mile block of the township contained 640 acres. The Touro colonists filed claims for one-quarter sections of a block, each one-quarter section consisting of 160 acres.
In attempting to determine where, exactly, the colony was located, I contacted the Kearny County Historical Society which provided me with a list of all who had filed claims for land in the area in 1886.[21] Once I found my great-grandfather’s name on the list, I noted the location of the lot and looked for others who had filed on the same date. Next, I ordered a diagram of the township (showing the grid of 36 sections) from the Register of Deeds office in Garden City, and thus was able to reconstitute where the colony’s farms had been located. I could now also surmise that when the Touro group entered the land office in 1886, they were met with a rude surprise. My plotting showed that the farms of the colony were scattered over a twelve square mile area. Contiguous lots for homesteading were no longer available by the time they arrived.[22]
The colonists’ arrival date in March was chosen deliberately. Building shelter and planting could not take place during the winter months, and since precipitation in the plains usually only falls from April to June, they needed to quickly get seed in the ground before then.[23] They faced a daunting task. “The Western Kansas ground was tough and dry, with debilitating heat in the summer (110 degrees), numbing cold in the winter (10 below), tornadoes, floods, and grasshoppers that periodically devastated promising crops. There were few trees and little water. People lived in sod houses; one room structures made of matted grass and weeds, cut like bricks and stacked atop each other.”[24] The sod houses contained no flooring and lumber was used (often obtained from stolen railroad ties) for the roof.[25] The nearest available water was the Arkansas River, 15 miles away.
The Touro colonists immediately set to work to build a sod house but, before it was completed, a blizzard hit and they were forced to seek shelter in town. Two weeks later they returned to their claims, and during the next two months erected three sod houses, plowed five acres on each of their claims, and planted the first of their crops: corn, millet, sorghum, and garden vegetables. Soon barns were erected and fences built.[26] In all probability, they dug a well, which in that area of Kansas would have been needed to be of great depth, taking weeks of work.[27] Though the previous year, western Kansas had experienced an unusual frequency of rain; now there was drought.[28] My great-grandfather, who had worked for a New York Jewish newspaper, the American Hebrew before he left for Kansas wrote to them: “We are scarce of rain, and if it will keep back a little longer it will be very hard for us new starters.”[29] Though the weather was terrible, at least Kansas, given what they had left behind in Russia, promised safety and hope. Jacob also wrote: “We have organized a Home Protective Association in our colony with our Christian neighbors.…Among our colonists and with our Christian neighbors, there is Sholem (peace).”[30]
One year later, however, the colony had already begun to fail. The reasons can be simply summarized as the wrong people in the wrong place at the wrong time. First, as mentioned above, were the environmental factors: brutal heat, freezing cold, scarcity of fuel, lack of water. Then there was the soil itself: low in nitrogen with a high rate of evaporation, rated as generally unsuitable for cultivation.[31] Second, were technological factors: the colonists lacked sophisticated harvesting machinery, sufficient manpower, and agricultural experience. They lacked sufficient capital, as well, to purchase what they needed.[32] Third, were the social factors. Why live in a sod house while in Garden City were stone and brick homes? In the nearby town of Myton, there were houses, stables, and a windmill. The allure of nearby towns would have been great, especially given the relative ease of travel from Touro to both Lakin and Garden City by coach, wagon, and train. An even more pressing social factor was the shortage of women at Touro.[33]
Thus, two months after his arrival, once the crops had been planted, Jacob spent most of his time in Garden City, working as a typesetter for the local newspaper. The following summer, he also worked as a typesetter for the newspaper in Lakin.[34] This seemed to be the pattern in other colonies, as well. Many colonists left their land to open up small stores in nearby towns, seeing their time on the land as simply a stepping-stone to other business ventures.[35]
By 1889, the colonists had left Touro to settle in nearby towns, to return to New York, or to seek their fortunes on open land in Central Oklahoma. By 1890, the sod houses had crumbled, and there was nothing left of the settlement.[36] Today, a field of sorghum covers the land where the Jewish colony of Touro once stood.
My great-grandfather? By the summer of 1888, Jacob had saved enough money through his work as a printer to purchase the land. He then returned to New York; married my great-grandmother; slept in a real bed in a real home, once again; and bought fine china on which to eat that graces my seder table, today. And his land in Kansas? He sold it a few years later and never, ever went back.
Bibliography
While the following bibliography provides an overview of the Jewish agricultural colonies in the U.S. as well as in-depth accounts of the Kansas colonies, there also exist detailed histories for many of the other colonies, as well. Ellen Eisenberg’s Jewish Agricultural Colonies in New Jersey, 1882-1920; Robert Alan Goldberg’s Back to the Soil: The Jewish Farmers of Clarion, Utah, and Their World; and William Sherman’s Jewish Settlement in North Dakota collection at the North Dakota State University Library are but a few examples.
“Agricultural Colonies (Russia),” The Jewish Encyclopedia, Funk and Wagnals, 1951
Bartlet, Pearl W., “American Jewish Agricultural Colonies” in America’s Communal Utopias. Donald Pitzer, ed., University of North Carolina Press, 1997
Brinkmann, Tobias, “Between vision and reality: reassessing Jewish agricultural colony projects in nineteenth century America” in Jewish History, vol. 21, Springer, 2007
Davidson, Gabriel, Our Jewish Farmers and the Story of the Jewish Agricultural Society, L.B. Fischer, NY, 1943
Davidson, Gabriel and Goodwin, Edward A., “The Jewish Covered Wagon” in The Jewish Criterion, Pittsburgh, 1/29/1932.
Douglas, Donald, “Forgotten Zions,” in Kansas History, vol. 16, no. 2, 1993
Dubnow, Simon, History of the Jews in Russia and Poland, JPS, New York, 1918
Feld, Lipman G, “New Light on the Lost Jewish Colony of Beersheba, Kansas, 1882–1886,” in American Jewish Historial Society, 9/1970-1/1971
Geffen, Joel S., “Jewish Agricultural Colonies as Reported in the Pages of the Russian Hebrew Press Ha-Melitz and Ha-Yom,” in American Jewish Historical Quarterly, 60, Sept. 1970-Jan. 1971
Goldblatt, Roy, “From Ghetto to Ghetto…and Maybe a Farm, too,” in American Studies in Scandinavia, vol. 23, 1991
Harris, Lloyd David, Sod Jerusalems: Jewish Agricultural Communities in Frontier Kansas, Masters Thesis, University of Oklahoma, 1984. Available at http://www.kancoll.org/books/ harris/sodcontents.htm
Herscher, Uri D., Jewish Agricultural Utopias in America, 1880-1910, Wayne State University Press, Detroit, 1981
Katz, Nancy Harris, “Jewish Agricultural Colonies in the United States,” Master’s thesis, Southern Methodist University, 1964
Kearny County Land Records, in History of Kearny County Kansas, vol. 1, Kearny County Historical Society, 1964
Menes, Abraham, “The Am Oylom Movement” in YIVO Annual of Jewish Social Science, vol. IV, YIVO, NY, 1949
Pollak, Gustav, Michael Heilprin and His Sons: A Biography, Dodd, Mead and Company, 1912
Potter, Lee Ann and Wynell, Schamel, “The Homestead Act of 1862” in Social Education 61, 6 (October 1997)
Sapinsley, Elbert L., “Jewish Agricultural Colonies in the West: The Kansas Example,” in Western States Jewish Historical Quarterly, 3, April, 1971
Shpall, Leo, “Jewish Agricultural Colonies in the United States,” in Agricultural History, Everett E. Edwards, ed., The Agricultural History Society, vol. 24, 1950
American Hebrew (New York)
Garden City Herald, (Garden City, Kansas)
Kearny County Advocate (Kearny County, Kansas)
Kearny Coyote (Hartland, Kansas)
Lakin Pioneer Democrat (Lakin, Kansas)
Harold Smith Interview, Kearny Historical Society, 6/2009
Kansas Historical Society, www.kshs.org
Rabbi Jeffrey A. Marx is a former contributing editor of Landsmen and is the compiler of “Nedavot: Town Index to Donor Lists in HaMagid, 1856–1900” on JewishGen. He is the author of Give Me My Childhood Again, a history of the Grand St. Boys’ Association of New York and is currently finishing a critical history on the origins of cream cheese in the United States.
[1] Harris, Sod Jerusalems: Jewish Agricultural Communities in Frontier Kansas. Though several Jewish historians have written about the Kansas Jewish agricultural colonies, this work, by the late Lloyd Harris, was the first to utilize local newspapers and land documents to help reconstruct their history.
[2] Dubnow, History of the Jews in Russia and Poland, 251–256; Menes, 9, 10, 16.
[3] Geffen, Jewish Agricultural Colonies As Reported in the Pages of the Russian Hebrew Press Ha-Melitz and Ha-Yom, 355; Menes, The Am Oylom Movement, 10; Goldblatt, From Ghetto to Ghetto…and Maybe a Farm, Too, 11.
[4] Menes, 10–12. BILU was an acronym for Beit Yaakov L’chu V’nailcha: O House of Jacob, come, and we will go! Am Olam in English, means Eternal People.
[5] Menes, 17.
[6] Shpall, “Jewish Agricultural Colonies in the United States,” 132.
[7] Agricultural Colonies (Russia), 255–256; Herscher, Jewish Agricultural Utopias in America, 1880–1910, 19; Menes, 16–18.
[8] Shpall, 121-123; Brinkmann, Between Vision and Reality: Reassessing Jewish Agricultural Colony Projects in Nineteenth Century America, 305–308; Bartlet, American Jewish Agricultural Colonies, 354.
[9] Shpall, 124, 125.
[10] Sapinsley, Jewish Agricultural Colonies in the West: The Kansas Example, 159; Shpall, 126–129.
[11] Davidson and Goodwin, The Jewish Covered Wagon, 2; Potter and Wynell, The Homestead Act of 1862, 359–364.
[12] Feld, New Light on the Lost Jewish Colony of Beersheba, Kansas, 1882–1886, 159–160; Katz, Jewish Agricultural Colonies in the United States, 43–44. For a fuller treatment of these colonies, see Hirscher.
[13] Sapinsley, 160–161.
[14] Pollak, Michael Heilprin and His Sons: A Biography, 207, 213.
[15] Sapinsley, 162; Davidson, 223.
[16] Feld, 163.
[17] Davidson and Goodwin, 2; Feld, 165; Harris, Chapters V, VII, VIII, IX and X; Sapinsley, 161–168.
[18] American Hebrew (vol. 26, no. 4, 5/5/1886, 57) stated that a group had left for Kansas on March 2, 1886, supported by M. Heilprin, to establish a colony to be called Touro. It also stated that the party consisted of 15. The Garden City Herald (6/19/1886) stated that the group consisted of 12 families.
[19] “Lakin Train Schedule” in the Lakin Pioneer Democrat, (7/24/1886), shows the California Express, the Colorado Express, and the Denver and Utah Express each stopping in Lakin once each day. It is thus surprising to read of the Am Olam colonists who traveled from New York to Oregon to establish New Odessa, traveling by steamship via Panama! (Bartlet, 357).
[20] Douglas, Forgotten Zions, 115. The K.C.&T Railway connected Chantilla (in the SW corner of Township 22S, where most of the Touro colony lands were found) with Lakin, as did the Leoti Stage line.
[21] History of Kearny County Kansas. 418–419.
[22] History of Kearny County Kansas, 418–419.
[23] Feld, 163.
[24] Harris, Chaps. I and IV.
[25] The ceiling constantly leaked muddy water during the torrential rains and snakes, mice, and bugs were found within its walls. Davidson, 224, describing the Lasker colony houses; Harold Smith interview, Kearny Historical Society, 6/2009.
[26] American Hebrew (6/4/1886); Garden City Herald, (6/19/ 1886). Either the sorghum was sold to markets or used for fuel and fodder. In all probability, the vegetables grown were only of sufficient size to provide for home needs. With good weather and knowledgeable farming, edible crops grown on one-half to one acre of land would be enough to provide sustenance for a year. Grazing animals would call for additional acreage. (Davidson and Goodwin, 2) describing the Lasker colony.
[27] (Davidson and Goodwin, 2) describing the Lasker colony.
[28] Pioneer Democrat (7/24/1886); Kearny County Advocate, (4/3/1886); American Hebrew (6/4/1886). “Along the ninety-ninth meridian, where the western third of Kansas begins, the annual rainfall is twenty-four inches…” (Sapinsley, 163). (Feld, 161), documents the unusual rainfall in 1885.
[29] American Hebrew, (6/4/1886). By the end of July, there were several days of great rain. (Lakin Pioneer Democrat, (7/24/1886)
[30] American Hebrew (6/4/1886)
[31] Douglas, 115–116, 118; Kansas Historical Society, www.kshs.org; Harris, Chaps. X, XII; Davidson, Our Jewish Farmers and the Story of the Jewish Agricultural Society, 195.
[32] Herscher, 19, 113; Feld, 163-164; Davidson, 195
[33] History of Kearny County Kansas , 409–410. There seems to have been only one woman, in all probability a wife, among the group.
[34] American Hebrew (6/4/1886); Harold Smith Interview; Harris, Chaps. VI, X; Kearny Coyote (12/24/1887 and 1/7/1888); Kearny County Advocate (1/21/1888).
[35] Feld, 165-168; Sapinsley, 168; Herscher , 110,112.
[36] Harris, Chap. X.
