Constitution

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Constitution Hill FoundationBiblio.com

Number 4: The Making of Constitution Hill

CONSTITUTION SPOONER Lysander PHILLIPS WendellBiblio.com

Review of Lysander Spooner's Essay

18471239761847. First Edition. CONSTITUTION PHILLIPS Wendell. Review of Lysander Spooner's Essay on the Unconstitutionality of Slavery. Reprinted from the ""Anti-Slavery Standard"" With Additions. Boston: Andrews & Prentiss 1847. Octavo modern half calf gilt marbled boards; pp. 1-3 4-95 1. $1600.First edition in book form of Phillips' bold and influential antebellum work on the U.S. Constitution and the question of slavery revised and ""with additions"" to its serialization in the Anti-Slavery Standard.Controversy over slavery ""was the most important single influence on American constitutional development before the Civil War"" Wiecek Sources 15. Leaders in that controversy were William Lloyd Garrison Wendell Phillips and Lysander Spooner. As an anti-constitutionalist Phillips deemed ""Prophet of Liberty Champion of the Slave"" made his ""first public pronouncement that the Constitution should be abandoned"" when in 1842 he asserted the ""'spirit of liberty' is 'chained down in the iron links of the United States Constitution'"" and subsequently argued the Constitution was a ""'compromise' between freedom and slavery"" Knowles Securing the 'Blessings'"" 41. Phillips' 1844 work Constitution: A Pro-Slavery Compact prompted Spooner to author Unconstitutionality of Slavery First Part: 1845 Second Part: 1847 arguing it was instead slavery that was unconstitutional not the founding document. Phillips quickly countered with this Review.""Phillips insisted the only path to justice 'is over the Constitution trampling it under foot'. and raised pertinent questions about the processes of constitutionalism. Must a just person reject an imperfect constitution or even one that sanctioned and protected an evil like slavery to work effectively for constitutional reform and to abolish injustice Or was it possible to regard the constitution as an imperfect but amendable instrument the only thing available in the here and now of a heterogeneous secular society that can serve as a means of changing a society's goals and structuring"" Wiecek 246. To Phillips Spooner's approach essentially ""leaves every one to do 'what is right in his own eyes.'"" Spooner and Phillips also disagreed on remedies to immoral laws. ""Spooner did not consider an immoral contract binding"" and argued for example that judges rely instead on natural law for their decisions. Phillips felt that in such circumstances a judge should resign. In this Review Phillips also offers ""a new area in which antislavery and anarchy"" could be connected when he describes Spooner's ""antislavery constitutionalism as 'the first step toward anarchy'"" Perry Radical Abolitionism 165-66. First edition first printing. Serialized earlier the same year in the Anti-Slavery Standard the official weekly newspaper of the American Anti-Slavery Society which was co-founded by William Lloyd Garrison and Arthur Tappen. Sabin 62524. Dumond 93. Not in Blockson. Text fresh and about-fine. hardcover

Bauman Rare Books · États-Unis1 600,00 $US≈ 1 353,76 €

CONSTITUTION SOMERS JohnBiblio.com

Security of English-Mens Lives

16821206631682. CONSTITUTION SOMERS John. The Security of English-Mens Lives Or the Trust Power and Duty of the Grand Jurys of England. London: Printed for Benj. Alsop 1682. Small octavo 4 by 6-1/2 inches 18th-century brown morocco raised bands marbled endpapers all edges gilt; pp. 1-2 3-168. $3400.1682 edition of Somers' profoundly influential work on the power of the grand jury the second of only two 17th-century editions issued the year after the first""one of the fundamental foundations of the common law in the American colonies""prompting revolution with Somers' invoking the grand jury and its protection of secrecy as key in opposing ""corrupt Ministers of State"" and those who ""abuse or oppress the People in the form and course of Justice"" seminal in the creation of the Constitution's Fifth Amendment with Jefferson calling grand juries ""the true tribunal of the people.""British statesman Baron John Somers' most famous and influential work is Grand Jurys. ""Of the legal scholars writing about the grand jury in the late 17th century Somers is not only representative but eminent having been read in both England and the colonies"" Kadish Behind the Locked Door 5-10. Grand Jurys is considered a seminal influence on Locke and America's Founding Fathers and it is ""likely that Locke knew Somers by the early 1680s The opposition of absolute monarchy to the security provided by 'impartial law' was structurally central to Locke's Second Treatise 1689 which attacked the threat to life liberty and property posed by a loss of 'impartial justice' Locke's arguments are a logical extension of the arguments that juries provided the only security of life"" Marshall John Locke 52. To Somers similarly the grand jury offers ""security"" from the ""Ill Designs of corrupt Minsters of State"" and those who ""dare to abuse or oppress the People."" Somers' Grand Jurys is ""a classic statement of political freedom. He works his way through a number of themes that will be frequently repeated by others."" Chief among these is his argument that ""the independent grand jury is the linchpin of the entire criminal justice system. It brings offenders to justice and protects the innocent from false accusation guaranteeing the traditional rights of Englishmen particularly their political rights in relation to the Crown and joins Parliament as a counterweight to the arbitrary power of the monarch and his judges"" Shapiro Beyond Reasonable Doubt 67. With its origins found deep within English legal history the grand jury was ""eulogized by Coke and Blackstone and crossed the Atlantic as one of the fundamental foundations of the common law in the American colonies"" Roots If It's Not a Runaway. ""Indeed there is an important sense in which the jury issue united not only America's revolutionary period and Founding era but also the 'settlement' years immediately following 1789"" Stimson Juries and American Revolutionary Jurisprudence 34-5.As American ""opposition to the British became more overt grand juries became more sympathetic to the colonists the famous case of John Peter Zenger is a prime example as two separate N.Y. grand juries refused to indict him for criminal libel. Further in 1765 a Boston grand jury refused to find an indictment against the leaders of the Stamp Act Riots"" Paule Perversion of the Historic Function 304. ""Perhaps the best known case of grand jury independence involved the twice-unsuccessful efforts to indict former Vice President Aaron Burr for attempting to involve the U.S. in a war with Spain Burr was finally indicted when a grand jury was convened in Virginia the stronghold of Burr's enemy Thomas Jefferson. Despite Jefferson's best efforts Burr was acquitted at trial in part because the judge gave such a narrow jury instruction and made evidentiary rulings so favorable to the defense that conviction was nearly impossible. The trial judge was John Marshall one of Jefferson's rivals"" Leopold Why Grand Juries 286.""The framers of the Constitution perceived the function of the grand jury as so essential to liberty that they specifically provided for it"" in the Fifth Amendment Paule 305. ""With its Grand Jury Clause insuring that 'no person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a Grand Jury' the Clause protected the people against arbitrary and overzealous government by protecting 'against hasty malicious and oppressive prosecution.' Secrecy in grand jury proceedings played a role in that protection."" For Somers in particular the secrecy requirement was absolute. In Grand Jurys he describes ""how grand jurors were sworn not to disclose the subjects of the inquiry the witnesses or any of the evidence. In addition grand jurors were sworn not to reveal their own personal knowledge the knowledge of their fellow jurors their investigative plans or their deliberations according to Somers secrecy made possible the discovery of truth and protected individuals from malicious or hateful prosecution. In sum neither the king the general public nor the individual accused could benefit by making public the proceedings of a grand jury. The Grand Jury Clause of the Fifth Amendment made grand jury secrecy an implicit part of American criminal procedure"" Kadish 5-16. ""In a petition to the General Assembly of the Commonwealth of Virginia Jefferson once termed the Anglo-Saxon tradition of trial by grand and petit jury 'the true tribunal of the people'"" Shannon Grand Jury 141. Jefferson owned and held two other works by Somers in his library. Preceded only by the 1681 first edition. Anonymously issued with Wing identifying Somers as author. Precedes the 1773 American edition. Pages 156-167 containing Latin and English text printed on opposite pages; final text page with ""Finis."" ESTC R10363. Wing S4643. Sweet & Maxwell I:378 34. See Sowerby 2015 2712. Early owner signature above title page.Text very fresh expert restoration to handsome binding. A very good copy. hardcover

Bauman Rare Books · États-Unis3 400,00 $US≈ 2 876,74 €

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