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CUSTER—CUSTOM
  

in the tropics. It is known as the custard apple by Europeans in India. It is an egg-shaped fruit, with a thick rind and luscious pulp. An acrid principle, fatal to insects, is contained in its seeds, leaves and unripe fruits, which, powdered and mixed with the flour of gram (Cicer arietinum), are used to destroy vermin. A. Cherimolia yield the Peruvian cherimoyer, which is held to be a fruit of very superior flavour, and is much esteemed by the creoles. A. palustris, alligator apple, or cork-wood, a native of South America and the West Indies, is valued for its wood, which serves the same purposes as cork; the fruit, commonly known as the alligator-apple, is not eaten, being reputed to contain a dangerous narcotic principle.


CUSTER, GEORGE ARMSTRONG (1839–1876), American cavalry soldier, was born in New Rumley, Harrison county, Ohio, on the 5th of December 1839. He graduated from West Point in 1861, and was at once sent to the theatre of war in Virginia, joining his regiment on the battlefield of Bull Run. Afterwards he served on the staff of General Kearny, and on that of General W. F. Smith in the Peninsular Campaign. His daring and energy, and in particular a spirited reconnaissance on the Chickahominy river, brought him to the notice of General McClellan, who made him an aide-de-camp on his own staff, with the rank of captain. A few hours afterwards Custer attacked a Confederate picket post and drove back the enemy. He continued to serve with McClellan until the general was relieved of his command, when Custer returned to duty with his regiment as a lieutenant. Early in 1863 General Pleasonton selected him as his aide-de-camp, and in June 1863 Custer was promoted to the rank of brigadier-general of volunteers. He distinguished himself at the head of the Michigan cavalry brigade in the battle of Gettysburg, and frequently did good service in the remaining operations of the campaign of 1863. When the cavalry corps of the Army of the Potomac was reorganized under Sheridan in 1864, Custer retained his command, and took part in the various actions of the cavalry in the Wilderness and Shenandoah campaigns. At the end of September 1864, he was appointed to command a division, and on the 9th of October fought, along with General Merritt, the brilliant cavalry action called the battle of Woodstock. Soon afterwards he was made brevet-major-general, U.S.V., having already won the brevets of major, lieutenant-colonel and colonel U.S.A., for his services at Gettysburg, Yellow Tavern and Winchester. His part in the decisive battle of Cedar Creek (q.v.) was most conspicuous. He served with Sheridan in the last great cavalry raid, won the action of Waynesboro, and in the final campaign added to his laurels by his conduct at Dinwiddie and Five Forks, and in other operations. At the close of the war he received the brevets of brigadier and major-general in the regular army, and was promoted major-general of volunteers. In 1866 Custer was made lieutenant-colonel of the 7th U.S. Cavalry, and took part under General Hancock in the expedition against the Cheyenne Indians, upon whom he inflicted a crushing defeat at Washita river on the 27th of November 1868. In 1873 he was sent to Dakota Territory to serve against the Sioux.

In 1876 an expedition, of which Custer and his regiment formed part, was made against the Sioux and their allies. As the advanced guard of the troops under General Terry, Custer’s force arrived at the junction of Big Horn and Little Big Horn rivers, in what is now the state of Montana, on the night of June 24; the main body was due to join him on the 26th. Unfortunately, the presence of what was judged to be a small isolated force of Indians was reported to the general. On the 25th, dividing his regiment into three parties, he moved forward to surround this force. But instead of meeting only a small force of Indians, the 7th were promptly attacked by the full forces of the enemy. The flanking columns maintained themselves with difficulty until Terry came up. Custer and 264 men of the centre column rode into the midst of the enemy and were slaughtered to a man.

The general’s wife, Elizabeth Bacon Custer, who accompanied him in many of his frontier expeditions, wrote Boots and Saddles, Life with General Custer in Dakota (1885), Tenting on the Plains (1887) and Following the Guidon (1891). General Custer himself wrote My Life on the Plains (1874).

See F. Whittaker, Life of General George A. Custer (1876).

His brother Thomas Ward Custer (1845–1876), in spite of his youth, fought in the early campaigns of the Civil War. Becoming aide-de-camp to General Custer, he accompanied him throughout the latter part of the war, distinguishing himself by his daring on all occasions, and winning successively the brevets of captain, major and lieutenant-colonel, though he was barely twenty years of age when the war ended. He was first lieutenant in the 7th cavalry when he fell with his brother at the Little Big Horn.


CUSTINE, ADAM PHILIPPE, Comte de (1740–1793), French general, began his military career in the Seven Years’ War. He next served with distinction against the English in the War of American Independence. In 1789 he was elected to the states-general by the bailliage of Metz. In October 1791 he again joined the army, with the rank of lieutenant-general and became popular with the soldiers, amongst whom he was known as “général moustache.” General-in-chief of the army of the Vosges, he took Spires, Worms, Mainz and Frankfort in September and October 1792. He carried on the revolutionary propaganda by proclamations, and levied heavy taxes on the nobility and clergy. During the winter a Prussian army forced him to evacuate Frankfort, re-cross the Rhine and fall back upon Landau. He was accused of treason, defended by Robespierre, and sent back to the army of the north. But he dared not take the offensive, and did nothing to save Condé, which the Austrians were besieging. Sent to Paris to justify himself, he was found guilty by the Revolutionary Tribunal of having intrigued with the enemies of the republic, and guillotined on the 28th of August 1793. (See French Revolutionary Wars.)

See A. Rambaud, Les Français sur le Rhin (Paris, 1880); A. Chuquet, Les Guerres de la Révolution (1886–1895; vol. vi. “L’Expédition de Custine”).


CUSTOM (from O. Fr. custume, costume or coustume; Low Lat. costuma, a shortened form of consuetudo), in general, a habit or practice. Thus a tradesman calls those who deal with him his “customers,” and the trade resulting as their “custom.” The word is also used for a toll or tax levied upon goods; there was at one time a distinction between the tax on goods exported or imported, termed magna custuma (the great custom), and that on goods taken to market within the realm, termed parva custuma (the little custom), but the word is now used in this sense only in the plural, to signify the duties levied upon imported goods. It is also used as a name for that department of the public service which is employed in levying the duty.

In law, such long-continued usage as has by common consent become a rule of conduct is termed custom. Jessel, M. R. (Hammerton v. Honey, 24 W. R. 603), has defined it as “local common law. It is common law because it is not statute law; it is local law because it is the law of a particular place, as distinguished from the general common law. Local common law is the law of the country (i.e. particular place) as it existed before the time of legal memory.” There has been much discussion among jurists as to whether custom can properly be reckoned a source of law (see Jurisprudence). As to the distinction between prescription (which is a personal claim) and custom, see Prescription. The adoption of local customs by the judiciary has undoubtedly been the origin of a great portion of the English common law. Blackstone divides custom into (1) general, which is the common law properly so called, and (2) particular, which affects only the inhabitants of particular districts. The requisites necessary to make a particular custom good are: (1) it must have been used so long that the memory of man runneth not to the contrary; (2) it must have been continued, and (3) enjoyed peaceably; (4) it must be reasonable, and (5) certain; (6) it must be compulsory, and not left to the option of every man whether he will use it or no; (7) it must be consistent with other customs, for one custom cannot be set up in opposition to another. Customs may be of various kinds, for example, customs of merchants, customs of a certain district