treaty, members of his cabinet and members of Congress expressed concerns about the court’s powers. In May 2002, President GEORGE W. BUSH instructed the U.S. STATE DEPARTMENT to inform the secretary-general of the United Nations that the United States would not become a party to the treaty. FURTHER READINGS Meron, Theodor. 1998. War Crimes Law Comes of Age: Essays. New York: Oxford Univ. Press. Paust, Jordan J. 2009. “Serial War Crimes in Response to Terrorism Can Pose Threats to National Security.” William Mitchell Law Review. 35. Simpson, Gerry, ed. 2004. War Crimes. Burlington, Vt.: Ashgate/Dartmouth. Wald, Patricia. 2003. “Trying War Crimes in International Courts.” International Journal of Legal Information 31 (summer). CROSS REFERENCES My Lai Massacre; Nuremberg Trials; Rules of War; Tokyo Trial; War. WAR OF 1812 The War of 1812 between the United States and Great Britain was a conflict fought over the right of neutral countries to participate in foreign trade without the interference of other nations and over the desire of many in the United States to end British occupation of Canada. The war, which lasted from 1812 to 1815, proved inconclusive, with both countries agreeing to revert to their pre-war status as much as possible. The U.S. declaration of war against Great Britain that President JAMES MADISON signed on June 18, 1812, culminated nearly a decade of antagonism between the nations. The British, who from 1802 to 1815 were involved in the Napoleonic Wars with France, sought to prevent the United States, a neutral, from trading with France. Britain imposed a blockade on France and required that U.S. ships stop at British ports and pay duties on goods bound for The Battle of New Orleans was fought two weeks after the treaty ending the War of 1812 was signed. In the battle, General Andrew Jackson led American forces to victory over the British, enhancing his national reputation and paving the way for his presidency. LIBRARY OF CONGRESS GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION 298 WAR OF 1812 France. In addition, outrage grew in the United States over the British practice of boarding U.S. ships on the high seas and impressing seamen (seizing them and forcing them to serve Great Britain) whom the British claimed had deserted the Royal Navy. More than 10,000 U.S. seamen were impressed between 1802 and 1812. In 1807 President THOMAS JEFFERSON suc- ceeded in convincing Congress to pass the EMBARGO ACT, which prevented virtually all U.S. ships from sailing overseas. The economic consequences of this law were disastr ous to the U.S. economy, forcing the act’s repeal in 1809. In its place, Congress enacted the Non- Intercourse Act, which forbade trade only with Great Britain and France. A third law, passed in 1810, allowed trade with both nations but stipulated the revival of non-intercourse against whichever nation did not remove its trade restrictions. When France announced an end to its trade decrees, the United States ban ned trade with Great Britain. Anger against Britain was also fueled by a group of expansionist congressmen, nicknamed the War Hawks, who wanted the U.S. to acquire more land for settlement and to take military action against the British in Canada. British support of the American Indians on the frontier had led to Indian wars against U.S. settlers. The war itself provided limited success for the United States. Though a U.S. naval squadron under the command of Oliver Hazard Perry captured the British fleet on Lake Erie in 1813, battles in northern New York and Ontario, Canada, proved inconclusive. After U.S. forces burned the city of York (now Toronto), Ontario, the British attacked Washington, D.C., on September 13 and 14, 1814. The British burned the U.S. Capitol and the White House. Beginning on September 13, 1814, British ships bombarded Fort McHenry outside of Baltimore. The fort withstood the attack, as witnessed by an amateur poet named Francis Scott Key. Key wrote a poem called the “Star Spangled Banner,” which became the national anthem of the United States. Both the U.S. and the British realized the futility of the struggle and began treaty negotiations in 1813. Because of the military stalemate, neither side could extract concessions from the other. The United States and Great Britain agreed, in the Treaty of Ghent, to return to the pre-war status quo. The treaty, which was signed on December 24, 1814, in Ghent, Belgium, was ratified by the U.S. Senate on February 16, 1815. However, the Battle of New Orleans was fought on January 8, 1815, before news of the treaty reached the two armies. General ANDREW JACKSON led his troops to a decisive victory over the British forces, provid- ing the U.S. pu blic with the illusion that the United States had won the war. The frictions that had precipitated the war disappeared. The end of the Napoleonic Wars ended both the need for a British naval blockade and the impressing of U.S. seamen. Although the United States did not acquire Canada, American Indian opposition to expansion was weakened, and U.S. nationalism increased. FURTHER READINGS Borneman, Walter R. 2005. 1812: The War the Forged a Nation. New York: Harper Perennial. Wait, Eugene M. 1999. America and the War of 1812. Commack, N.Y.: Kroshka. CROSS REFERENCE War. WAR OF INDEPENDENCE The War of Independence, also known as the American Revolution and the Revolutionary War, was fought from 1775 to 1783 between Great Britain and the British colonies in North America. The 1783 TREATY OF PARIS, which ended the war, gave the thirteen colonies poli tical independence and led to the formation of the United States of America. The war had its roots in the growing economic power of the colonies and the limited political freedom granted by Great Britain to the colonists for managing their affairs. Acts of British Parliament in the 176 0s that imposed taxes and import duties on the colonies increased these tensions. Writs of assistance issued by Great Britain were also sources of controversy. These writs gave the holder power to search for goods allegedly smuggled into the United States. During the 1860s colonists (led in part by Boston attorney JAMES OTIS JR.) argued against the legality of these general writs. By the late 1860s colonial courts generally refused to enforce these writs, but the controversy was significant in contributing to the hostilities. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION WAR OF INDEPENDENCE 299 The British victory in the French and Indian War, also known as the “Seven Years” War (1756–63), removed France as a power in North America, yet the costs of the war were staggering for Great Britain. Faced with a large national debt, Parliament passed the Molasses Act and the Sugar Act in 1764, which imposed a duty on molasses and sugar imported by the colonies. The STAMP ACT of 1765 taxed papers such as legal documents, newspapers, and almanacs. The Quartering Act indirectly taxed the colonists by requiring them to house, feed, and supply British troops. American colonists reacted angrily to these tax measures, believing that it was unfair of Great Britain to subject them to taxation when the colonies had no representation in Parlia- ment. British leaders repealed the Stamp Act in 1766, but the following year Parliament passed the TOWNSHEND ACT, which imposed a series of new taxes on goods arriving at American ports. The new taxes were designed to pay the salaries of royal governors and other colonial appoin- tees of Britain’s King George III. The Town- shend Act also restructured the customs service in the colonies, placing its headquarters in Boston. The Townshend Act evoked more protests from the colonists. Groups such as the Sons of Liberty and the Daughters of Liberty organized protests against customs officials and boycotts of taxed goods. Merchants agreed not to sell imported goods. British customs agents in Boston extorted money and seized American ships with little justification, leading to a riot in March 1770. The British troops, popularly known as “red- coats” because of their red uniforms, fired on the crowd, killing five people. The episode became known as the BOSTON MASSACRE. Great Britain again reacted to economic pressure by removing most of the Townshend Act taxes. A notable exception was the tax on tea, which remained a symbol of Parliament’s authority to tax colonists. In 1773 Britain tried to save the finan cially troubled British East India Company by passing the Tea Act, which lowered the tax on tea shipped by the company to the colonies, giving the company an edge over tea smugglers. The colonists responded by refusing to buy English tea and refusing to allow it to be unloaded from British ships. In Boston, protesters dressed as American Indians dumped crates of tea into the water, and the event came to be known as the Boston Tea Party. Parliament retaliated in 1774 by passing the Coercive Acts, which were labeled the “Intoler- able Acts” by the colonists. These laws closed the port of Boston until the East India Company was repaid for the dumped tea, restricted the powers of the Massachusetts colonial legislature, and permitted British soldiers and officials accused of capital crimes to be tried in England rather than in the hostile colony. In addition, Parliament appointed General Thomas Gage, commander of the British Army in North America, as the governor of Massachusetts. Gage was to enforce the Coercive Acts. Representatives of twelve colonies and Canada met in September 1774 to consider what action to take against Parliament. The delegates to the First CONTINENTAL CONGRESS agreed that the colonies, and not Parliament, had the right to tax and make laws for the colonies. They called for a complete trade boycott against Britain until the Coercive Acts were repealed, but they acknowledged Parlia- ment’s right to regulate trade. The Congress did not call for independence from Great Britain. The war began in 1775, when General Gage tried to break up a Massachusetts MILITIA group and seize its ammunition and supplies. On the evening of April 18, 1775, Gage ordered his troops to seize munitions at Concord. Militia messengers, including silversmith Paul Revere, rode on horseback the 18 miles from Boston to Concord to warn the militia. Militia forces met the redcoats in Lexington, and the y exchanged fire. The British killed eight men and proceeded Following the defeat of British forces at Yorktown, Virginia, on October 10, 1781, General Charles Cornwallis surrenders to General George Washington, marking the end of major military actions in the War of Independence. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION 300 WAR OF INDEPENDENCE to Concord, where they again encountered militia companies. The British retreated to Boston after 273 redcoats were killed in the battle. The militia followed, laying siege to the city for almost one year. In early May 1775, colonial delegates met in Philadelphia for the Second Continental Con- gress. The New England militia was renamed the Continental Army, and GEORGE WASHINGTON, a Virginia plantation owner who had served in the French and Indian War, was named commander. The delegates also made the Congress the central government for “The United Colonies of America.” King George III replaced Gage with General William Howe. The king had become con- cerned over mounting British casualties that accompanied battles in Massachusetts, includ- ing the Battle of Bunker Hill. On August 23, 1775, the king declared the colonies to be in rebellion and subjected colonial ships to seizure. American troops invaded Canada in August 1775, capturing Montreal in November. How- ever, their efforts to take the city of Quebec failed, and the troops were forced to withdraw. During the winter of 1775–76, Washington positioned artillery around Boston. In March 1776, a massive artillery attack on the city led British troops and more than 1,000 Loyalists (colonists who supported the British ) to flee on ships to Nova Scotia, Canada. In June 1776, as the British assembled reinforcements for an invasion, the Continental Congress debated a declaration of the colonies’ independence from Britain. One of the most widely read publications of the time was Common Sense by THOMAS PAINE, who advocated forcefully for independence. THOMAS JEFFERSON borrowed from the recently completed VIRGINIA DECLARATION OF RIGHTS in drafting the DECLARA- TION OF INDEPENDENCE . The Virginia declaration, written by GEORGE MASON, stated that govern- ment derived from the people, that individuals were created equally free and independent, and that they had INALIENABLE rights that the government could not legitimately deny them. On July 4, 1776, the Congress declared that the colonies were free and independent states, and it adopted the Declaration of Independence. On June 29, 1776, Howe led an invasion force of 32,000 troops, includ ing 18,000 German mercenaries (Hessian troops), who landed off Sandy Hook, New Jersey. The British attacked Washington’s forces in New York on August 22, and by the end of the year Washington had abandoned New York City and had moved his troops into Pennsylvania. He made a successful surprise attack on Trenton, New Jersey, on December 25, 1776. On January 3, 1777, Washington’s troops defeated the British at Princeton, New Jersey. The two victories were critical to maintaining colonial morale, and by the spring of 1777 more than 8,000 new soldiers had joined the Conti- nental Army. The British implemented a plan in 1777 that sought to end the war that year by separating New England from the colonies in the south. General John Burgoyne led British forces from Montreal toward Albany, New York. After securing a victory at Fort Ticonderoga on July 5, Burgoyne became overconfident. The Conti- nental Army and local militia counterattacked, forcing Burgoyne to surrender his army after a battle at Saratoga, New York, on October 17. To the south, Washington vainly tried to stop the British from taking Philadelphia, the home of the Continental Congress. His troops lost at the battle of Brandywine Creek, and Philadelphia fell to the British on September 26. The Congress moved to Baltimore, Maryland. Despite the loss of Philadelphia and some discontent with Washington’s leadership during the winter of 1777–78, American fortunes brightened in 1778. In February, France signed a formal treaty of commerce and alliance with the American states. France sent a naval fleet along with military advisers and financial aid. The Battle of Lexington took place in April 1775, when British troops were sent to collect arms gathered by the patriot militia outside of Boston, Massachusetts. AP IMAGES GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION WAR OF INDEPENDENCE 301 In June 1778 Washington attacked the British at Monmouth, New Jersey, but again was defeated. He then shifted his military strategy, keeping his troops encamped around British forces in Connecticut, New York, and New Jersey. Although American forces led by George Rogers Clark regained control of the Ohio River Valley, British troops had success in South Carolina in 1779. However, in 1780 American troops prevailed in the Battle of Kings Mountain and again in the Battle of Cowpens in 1781. The British attempt to control the southern colonies ended in a stalemate. In 1781 Washington’s troops, with the assistance of the French Navy, cut off British forces led by General Charles Cornwallis at Yorktown, Virginia. The Battle of Yorktown, in which British troops were outnumbered two to one, ended in a British surrender on October 19, 1781. This marked the end of major military actions in the War of Independence. The defeat at Yorktown led to the resigna- tion of the British prime minister and a desire by the new cabinet to begin peace negotiations, which commenced in Paris, France, in April 1782. The U.S. delegation included BENJAMIN FRANKLIN , JOHN ADAMS, and JOHN JAY. The negotiators concluded a preliminary treaty on November 30, 1782, and a final agreement was signed in September 1783 and ratified by the Continental Congress on January 14, 1784. In the TREATY OF PARIS the British recognized the independence of the United States. The treaty established generous boundaries for the United States, with U.S. territory extending from the Atlantic Ocean to the Mississippi River in the west, and from the Great Lakes and Canada in the north to the thirty-first parallel in the south. The U.S. fishing fleet was guarante ed access to the fisheries off the co ast of New- foundland, Canada. Navigation of the Missis- sippi River was to be open to both the United States and Great Britain. During the War of Independence, the Continental Congress struggled to formulate a constitution for the entity known as the United States of America. However, colonists were not interested in establishing a central government with broad powers because they feared repla- cing undemocratic British authority with a local version. Therefore, the ARTICLES OF CONFEDERA- TION that were drafted in 1777, but not ratified until 1781 by all the states, created only a national congress of limited authority. By the end of the war, Congress found itself receiving less cooperation from the individual states. The failure of the Articles of Confederation became apparent after the Treaty of Paris was ratified, leading to the 1787 Constitutional Convention in Philadelphia, where the Founding Fathers would write the U.S. Constitution. FURTHER READINGS Egerton, Douglas R. 2009. Death or Liberty: African Americans and Revolutionary America. New York: Oxford University Press. Forrest, Alan, Karen Hagemann, and Jane Rendell, eds. 2009. Soldiers, Citizens, and Civilians: Experiences and Perceptions of the Revolutionary and Napoleonic Wars, 1790–1820. New York: Palgrave, Macmillan. Marston, Daniel. 2002. The American War of Independence: 1774–1783. London, UK: Osprey. York, Neil. 2003. Turning the World Upside Down: The War of American Independence and the Problem of Empire. New York: Praeger. CROSS REFERENCES Boston Massacre Soldiers; Continental Congress; Declara- tion of Independence; Paine, Thomas; War; Washington, George. WAR ON TERRORISM Terrorist acts and the threat of TERRORISM have occupied the various law enforcement agencies in the U.S. government for many years. The Anti-Terrorism and Effective Death Penalty Act of 1996, as amended by the USA PATRIOT ACT and codified at 18 U.S.C. section 2339B, makes it a crime punishable to up to 15 years in prison to provide material support or resources to any organization designated by the SECRETARY OF STATE as a foreign terrorist organization. Indivi- duals suspected of acts of terrorism are arrested and tried under existing federal or state criminal laws. On SEPTEMBER 11, 2001, 19 men hijacked four commercial airplanes. Two were delibe r- ately crashed into the twin towers of the World Trade Center in New York City, one was deliberately crashed into the Pentagon in Washington, D.C., and the fourth crashed into a field in rural Pennsylvania, presumably on its way to a fourth symbolic target: the White House or the U.S. Capitol Building. Strong evidence suggested that a Saudi Arabian citizen living in Afghanistan, Osama bin Laden, was behind the attacks. As of 2009, bin Laden was the head of a terrorist organization known as al Qaeda (Arabic for “the base”). GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 302 WAR ON TERRORISM It would be difficult to overstate the magnitude of the simultaneous attacks and their psychological impact on the collective psyche of U.S. citizens. The September 11th attacks instantly vaulted international terrori sm and national security concerns to the top of the U.S. governmental agenda and propelled the United States headlong into a war against terrorism. According to the Federal Bureau of Investigation’s “FBI Policy and Guidelines” (February 16, 1999) international terrorism is “the unlawful use of force or violence commit- ted by a group or individual, who has some connection to a foreign power or whose activities transcend nation al boundaries, against persons or property to intimid ate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives.” But international terrorism and the country’s turn-of-the-century responses to it predated September 11, 2001. Four major incidents of international terrorism against U.S. interests since the mid-1990s involved bomb- ings: the Khobar Tower in Dharan, Saudi Arabia; the U.S. embassy in Nairobi, Kenya; the U.S. embassy in Dar es Salaam, Tanzania; and the USS Cole in the port of Aden, Yemen. These attacks abroad made headlines around the world and commanded massive investi ga- tive efforts by the U.S. government. On the evening of June 25, 1996, a couple of individuals parked a tanker truck in a parking lot adjacent to the Khobar Tower apartment buildings in Dharan, Saudi Arabia. These apartments housed U.S. military and civilian personnel. Sentries on duty saw the truck and realized the threat of a bomb and began evacuating the building. Unfortunately, the bomb was detonated before the building could be completely evacuated. Nineteen servicemen died, and hundreds of others were wounded. On August 7, 1998, a truck bomb detonated in the rear parking entrance to the U.S. embassy in Nairobi, Kenya. Twelve American diplomats and nearly 200 Kenyan citizens were killed. Ten Americans and 12 foreign service nationals were seriously injured, and 4,000 Kenyans were injured. Almost simu ltaneously, at the U.S. embassy at Dar es Salaam, Tanzania, a SUICIDE bomber detonated another truck bomb located 35 feet from the embassy complex’s outer wall. Eleven Tanzanians were killed, and 85 people were injured, including two Americans. The terrorists who committed these acts were believed to be part of an international group headed by Osama bin Laden. On October 12, 2000, a small boat exploded alongside the USS Cole while the Cole was preparing to refuel at an island in the port of Aden, Yemen. Seventeen American sailors were killed, and nearly 40 were wounded in the attack; the ship sustained extensive damage. These four separate acts of terrorism occurred during the two administrations of President BILL CLINTON. The Clinton administra- tion defined its enemy narrowly: Osama bin Laden and his aides. Osama bin Laden was known to be living under the protection of the repressive Muslim regime known as the Taliban in Afghanistan. Although the Clinton adminis- tration adopted a hostile attitude toward the Taliban, it did not make Afghanistan or the Taliban government a target of its efforts to combat the bin Laden terrorism threat. From 1998 to 2000, President Clinton pursued a policy of economic sanctions against the Taliban and sent numerous messages to the DE FACTO government of Afghanistan demanding that it deliver bin Laden for trial in the United States. The Clinton administration quickly became frustrated by the Taliban’s lack of cooperation. Although the administration de- liberately raised the specter of military confron- tation, it ultimately chose to step back for a variety of reasons, not the least of which was the delicate negotiations between Israel and the Palestinians. GEORGE W. BUSH was elected president and took office in January 2001. Just eight months later came the devastating September 11th attacks. Bush’s reaction was swift and decisive. When it became clear that bin Laden was the probable instigator of the attacks, Bush deliv- ered an ultimatum to the Taliban to turn over bin Laden or face the might of the U.S. military. The Taliban again refused, and Bush ordered the invasion of Afghanistan on October 7, 2001, phase one of his War on Terrorism. Every U.S. president must produce a National Security Strategy document. President George W. Bush’s policy has been called the “Bush Doctrine.” It permitted pre-emptive action against “hostile states” and terrorist groups alleged to be developing WEAPONS OF MASS DESTRUCTION . The Bush Doctrine was received with shock and dismay by many in Europe. The negative change in relations GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION WAR ON TERRORISM 303 between the United States and its allies, particu- larly in Europe, marked this aspect of the war on terrorism. After defeating the Taliban in Afghanistan, the Bush administration focused its attention on what it perceived as grave threats coming from Iraq, which was ruled by the secretive dictator Saddam Hussein. The Clinto n and Bush administrations both strongly suspected that Iraq, under the direction of Hussein, was producing and stockpiling weapons of mass destruction in violation of UNITED NATIONS Security Council resolutions, as well as the treaty Iraq had signed in the wake of its defeat by U.S led coalition forces in the 1991 Gulf War. The Gulf War had expelled Iraq from its forcible invasion and occupation of neighboring Kuwait. The Bush administration increased its pressure on Iraq to disarm and reveal its outlawed weapons programs. Hussein met this pressure with a mixture of belligerence and shrewd diplomatic moves that garnered the Iraqi regime some international support. The administration used the Bush Doctrine to justify its invasion of Iraq on March 20, 2003. In the months leading up to the invasion, President Bush and others in his administration claimed that Iraq possessed weapons of mass destruction and might have connections to bin Laden’s organization. In about three weeks, Saddam Hussein and his government were thrown out of power, and Iraq was defeated. However, weapons of mass destruction were never found. Critics argued that the administra- tion had cherry-picked and inflated question- able intelligence provided by the CIA to support a military action that had nothing to do with the war on terrorism. However, with the anarchy produced by the invasion, terrorism grew within Iraq. Though the level of violence had dissipated by 2009, Iraq still endured bombings in populated areas. The Bush Administration’s efforts to pre- vent terrorism led to actions that were ques- tioned by Congress. Between 2002 and 2005, the government conducted warrantless wiretaps on suspected terrorists and third persons in the U.S. The indefinite INCARCERATION of terrorism suspects at Guantanamo Bay, Cuba, produced an international outcry when it was revealed that the men had been subjected to “enhanced interrogation” techniques. Critics charged that many of the techniques constituted torture. When BARACK OBAMA became president in 2009, he shifted the government’s approach on addressing terrorism. He abandoned the use of the term “war on terror,” sent 20,000 more troops to Afghanistan, and focused on reducing the power of the Taliban on the eastern border and in northwest Pakistan. Obama made over- tures to the Islamic world through speeches and media interviews, expressing his belief that diplomacy and the changing of public attitudes toward the U.S. were more effective than military action in confronting terrorism. He also ordered the closing of the prison at Guantanamo Bay by January 2010 and the trying of terrorism suspects in the U.S., either in U.S. courts or before military commissions. FURTHER READINGS Bruff, Harold H. 2009. Bad Advice: Bush’s Lawyers in the War on Terror. Lawrence, Kan.: Kansas Univ. Press. Cassidy, Robert. 2008. Counterinsurgency and the Global War on Terror: Military Culture and Irregular War. Palo Alto, Calif.: Stanford Univ. Press. Pious, Richard. 2006. The War on Terrorism and the Rule of Law. New York: Oxford Univ. Press. Saul, Ben. 2008. Defining Terrorism in International Law. New York: Oxford Univ. Press. Volkman, Earnest. 2008. The History of Espionage: The Clandestine World of Surveillance, Spying and Intelli- gence, from Ancient Times to the Post-9/11 World. London: Carlton Publishing Group. CROSS REFERENCES September 11th Attacks; Terrorism; USA PATRIOT Act of 2001. WAR POWERS RESOLUTION See PRESIDENTIAL POWERS. WARD A person, especially an infant (for example, an orphan) or incompetent (for example, someone with a debilitating mental illness), placed by the court (generally a family court within a state system) in the care of a guardian or conservator, who acts on behalf of the ward (for example, in making medical decisions) and owes a fiduciary duty to that person. Typically, a ward will not have legal capacity and thus cannot make consequential legal decisions for himself or herself. Courts also may put a person into the care, or under the supervision, of the state. Laws regarding wards and their care differ by state, but there are various processes by which a person might become a ward, and various GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 304 WAR POWERS RESOLUTION circumstances that can lead to this arrangement, such as abuse, neglect, the death of one or both parents, or inability to care for oneself as an independent adult or emancipated minor. Upon the death of one’s parents, for example, a will might appoint a guardian, perhaps a blood relative. Appointment by a family court, upon review of a petition filed by a person with an interest in the well-being of the person in question, may occur if no will makes such a provision, in the case of death of parents, or in the case of a mentally incompetent adult. CROSS REFERENCES Guardian and Ward. v WARD, NATHANIEL Nathaniel Ward was a Puritan minister, attor- ney, and writer who compiled a code of statutes for colonial Massachusetts entitled The Body of Liberties, which was adopted by the colony in 1641. This code, which combined English COMMON LAW with Mosaic law (laws derived from the Old Testament of the Bible), was the first comprehensive set of laws enacted in New England. Ward was born around 1578 in Haverhill, Suffolk, England. He graduated from Cambridge University in 1599 and then studied law at Lincoln’s Inn in Lond on. He practiced law for ten years and then decided to enter the ministry. Attracted to Puritan religious doctrine, Ward was dismissed from his ministry in 1633 and forced to leave England to avoid religious persecution. He arrived in Massachusetts in 1634 and became co-pastor of a church in Agawam. In 1636, however, he left the ministry and returned to the field of law. Ward served on a committee charged with writing a code of laws for the Massachusetts Colony. In 1636 John Cotton, a Puritan minister, prepared a draft of a code, entitled Moses His Judicials. This code was a major departure from English common law, as it relied heavily upon Scripture. Cotton’s code was not enacted into law, however, and another committee was formed in 1638 to prepare a second code. In November 1639 Ward submitted his draft of a code to the General Court of the colony. His code, which became known as The Body of Liberties, was comprised of one hundred sections and used much of Cotton’s earlier draft. The General Court enacted Ward’s code in 1641. The code underwent several revisions, resulting in the production of the Laws and Liberties Concerning the Inhabitants of Massa- chusetts (1648) , which served as the basis for civil and CRIMINAL LAW in the colony until the eighteenth century. Ward’s code was based on the Bible. Section 65 of the code states that “N o custome or prescription shall ever prevaile amongst us that can be proved to bee morrallie sinfull by the word of God.” At the same time, The Body of Liberties enumerated CIVIL RIGHTS and liberties and incorporated many of the principles of English common law. Other provisions guaran- teed equal justice under law to every person within the jurisdiction and assured freedom from ARBITRARY arrest and imprisonment, DOUBLE JEOPARDY , cruel punishments, impressment, and torture. In a major departure from English common law, however, the code limited capital crimes to twelve specific offenses found in the Bible. At the time ENGLISH LAW recognized more than fifty capital crimes. In 1647 Ward return ed to his ministry in England, where he remained until his death. He published several books, including The Simple Cobbler of Aggawam (1647), which defended the status quo and attacked religious tolerance and ▼▼ ▼▼ Nathaniel Ward c.1578–1652 15751575 16251625 16501650 16751675 16001600 ❖ ◆◆◆◆◆◆◆◆◆ ❖ c.1578 Born, Haverhill, Suffolk, England 1599 Graduated from Cambridge University 1602 Entered the practice of law 1612 Abandoned law for the ministry 1633 Dismissed from the ministry 1634 Immigrated to Massachusetts 1636 Helped prepare Moses His Judicials with John Cotton 1639 Submitted The Body of Liberties to the General Court of the colony 1652 Died, Shenfield, Essex, England 1647 Returned to the ministry in England; published The Simple Cobbler of Aggawam 1641 Court adopted The Body of Liberties GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION WARD, NATHANIEL 305 modes of fashion. Ward died in October 1652 in Shenfield, Essex, England. FURTHER READINGS Cahn, Mark D. 1989. “Punishment, Discretion, and the Codification of Prescribed Penalties in Colonial Massachusetts.” American Journal of Legal History 33 (April). “Nathanial Ward.” 2009. Available online at http://www. nndb.com/people/312/000049165/; website home page: http://www.nndb.com (accessed September 7, 2009). Trent, William P., and Wells, Benjamin W. 1903. Colonial Prose and Poetry. New York: Crowell. WAREHOUSE RECEIPT A written document given by a warehouseman for items received for storage in his or her warehouse, which serves as evidence of title to the stored goods. A number of warehouse receipts are nego- tiable instruments, and the law governing such receipts is embodied in Article 7 of the UNIFORM COMMERCIAL CODE . The general rule is that warehouse receipts need not be in any particular form. They must, however, contain the following information: the location of the warehouse and the place where the goods are stored; the date when the receipt was issued; the consecutive number of the receipts; terms indicating whether the goods are to be delivered to the bearer of the receipt, to a particular individual, or to a particular individ- ual on his or her order; the storage rate or handling charges; a statement describing the goods or the manner in which they are packed; the signature of the warehouseman or his or her agent; the amount of advance payment made, if any; and any other terms that do not impair the warehouseman’s duty. In situations where a warehouse receipt does not contain these provisions, the ware- houseman can be held liable in damages to anyone who sustains financial injury because of the omission. WAREHOUSEMAN An individual who is regularly engaged in the business of receiving and storing goods of others in exchange for compensation or profit. The business of warehousemen can be either public or private in nature because they may store either goods belonging to the general public or those goods of certain individuals. Article 7 of the UNIFORM COMMERCIAL CODE sets forth the rights and liabili ties of warehousemen. WARRANT A written order issued by a judicial officer or other authorized person commanding a law enforce- ment officer to perform some act incident to the administration of justice. Warrants are recognized in man y different forms and for a variety of purposes in the law. Most commonly, police use warrants as the basis to arrest a suspect and to conduct a search of property for evidence of a crime. Warrants are also used to bring to court persons who have ignored a SUBPOENA or a court appearance. In another context, warrants may be issued to collect taxes or to pay out money. The FOURTH AMENDMENT to the U.S. Consti- tution states that “no Warrants shall issue , but upon PROBABLE CAUSE , supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” There are three principal types of criminal warrants: arrest warrants, search war- rants, and bench warrants. Arrest Warrants An ARREST WARRANT is a written order issued by a judge or other proper judicial officer, upon probable cause, directing a law enforcement officer to arrest a particular person. An arrest warrant is issued on the basis of a sworn complaint charging that the accused person has committed a crime. The arrest warrant must identify the person to be arrested by name or other unique characteristics and must describe the crime. When a warrant for arrest does not identify a person by name, it is sometimes called a “John Doe warrant” or a “no name warrant.” Search Warrants A SEARCH WARRANT is an order in writing, issued by a judge or judicial officer, commanding a law enforcement officer to search a specified person or premises for specified property and to bring them before the judicial authority named in the warrant. Before issuing the search warrant, the judicial officer must determine whether there is probable cause to search based on the informa- tion supplied in an AFFIDAVIT by a law enforce- ment officer or other person. Generally, the types of property for which a search warrant may be issued, as specified in statutes or rules of court, are weapons, CONTRABAND, fruits of crimes, instrumentalities of crimes (for exam- ple, a mask used in a ROBBERY), and other evidence of crime. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 306 WAREHOUSE RECEIPT Terms & Conditions • Collect shipments will not be accepted. • GES CANADA is not responsible for concealed damage, damage to loose or inadequately packed shipments or loss of merchandise after delivery to booth. • It is the exhibitor's responsibility to secure and maintain loss & damage insurance coverage for their exhibit properties. • All claims or discrepancies must be settled at the GES CANADA Service Centre prior to show closing. • GES CANADA is not responsible for exhibit materials left in GEM rental exhibits or counter storage units Advance Warehouse Order Form ADVANCE WAREHOUSE ORDER FORM 3175 Airway Drive, Mississauga, Ontario L4V 1C2 Tel: (905) 405-4310 Fax: (905) 405-4343 SHOW GTEC 2002 EXHIBITOR INFORMATION BOOTH #: _________________ COMPANY _______________________________________ STREET _________________________________________ CITY ____________________________________________ PROV/STATE___________________ CODE _____________ PHONE __________________ FAX ____________________ CONTACT NAME ___________________________________ E-MAIL __________________________________________ CREDIT CARD AUTHORIZATION ٗ MASTERCARD ٗ VISA ٗ AMEX EXPIRY DATE______/______ _______________________________________________ Cardholder Name _______________________________________________ Cardholder Signature CREDIT CARD AUTHORIZATION (ABOVE) MUST BE COMPLETED AS METHOD OF PAYMENT FOR THIS SERVICE. SUBTOTAL 7% GST 8% PST TOTAL Exhibitors choosing to ship to the ADVANCE WAREHOUSE will receive the following special services: • STORAGE UP TO 30 DAYS IN THE ADVANCE WAREHOUSE • DELIVERY OF SHIPMENT FROM ADVANCE WAREHOUSE TO LOADING DOCK AT SHOW SITE • FIRST PRIORITY UNLOADING STATUS AT SHOW SITE ADVANCE SHIPMENTS TO WAREHOUSE RECEIVED BETWEEN SEPTEMBER 1 -SEPTEMBER 30, 2002: • ESTIMATED WEIGHT OF SHIPMENT(S) - Rounded Up to the nearest 100 lbs. = • Rate of $46.80 Per 100 lbs. (300 lb. Minimum) ADVANCE SHIPMENTS TO WAREHOUSE RECEIVED AFTER SEPTEMBER 30, 2002: • ESTIMATED WEIGHT OF SHIPMENT(S) - Rounded Up to the nearest 100 lbs. = • Rate of $52.00 per 100 lbs. (300 lb. Minimum) ADDITIONAL CHARGES MAY INCLUDE • SPECIAL HANDLING - Shipments of loose, padded or uncrated material, or double-stacked shipments will be subject to a 30% surcharge. • OVERTIME CHARGES - Shipments received at the ADVANCE WAREHOUSE between 4:30pm and 8:00am Monday through Friday, all day Saturday, Sunday and holidays will be subject to a 25% surcharge. PLEASE COMPLETE THE FOLLOWING Date shipment is scheduled to arrive at the ADVANCE WAREHOUSE ________________________________________________ Carrier Name: ____________________________________ Number of Pieces ___________ Total Weight __________________ I have read and understand the Terms & Conditions of my agreement with GES CANADA. ____________________________________________ ___________________________ SIGNATURE DATE 04/02 GST #R104060264 A sample advance warehouse order form. ILLUSTRATION BY GGS CREATIVE RESOURCES. REPRODUCED BY PERMISSION OF GALE, A PART OF CENGAGE LEARNING. WAREHOUSE RECEIPT 307 GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION . rules of court, are weapons, CONTRABAND, fruits of crimes, instrumentalities of crimes (for exam- ple, a mask used in a ROBBERY), and other evidence of crime. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD. was behind the attacks. As of 2009, bin Laden was the head of a terrorist organization known as al Qaeda (Arabic for “the base”). GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 302 WAR ON TERRORISM It. supervision, of the state. Laws regarding wards and their care differ by state, but there are various processes by which a person might become a ward, and various GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD