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Chapter 13 - Jefferson, Madison, and Blackstone?



1. William Blackstone, Commentaries on the Laws of England, vol. 4, (Oxford: Clarendon Press, 1765-1769), 43.

Document description:
Excerpt of the chapter titled "Of Offences Against God and Religion" in Blackstone's Commentaries on the Laws of England.

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Title Page
Page 43

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Commentaries on the Laws of England, vol. 4



2. William Blackstone, Commentaries on the Laws of England, vol. 4, (Oxford: Clarendon Press, 1765-1769), 60.

Document description:
Excerpt of the chapter titled "Of Offences Against God and Religion" in Blackstone's Commentaries on the Laws of England.

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Title Page
Page 60

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Commentaries on the Laws of England, vol. 4



3. Philip B. Kurland and Ralph Lerner, eds., The Founders' Constitution, vol. 5, (Indianapolis: Liberty Fund, 1987), 68.

Document description:
Edmund Burke, Speech on Conciliation with the Colonies - March 22, 1775.

A text version of all five volumes of The Founders' Constitution is available at the University of Chicago Press website:
The Founders' Constitution

Direct link to speech cited in footnote:
Edmund Burke, Speech on Conciliation with the Colonies

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4. Thomas Jefferson to John Tyler, May 26, 1810, Andrew A. Lipscomb and Albert Ellery Bergh, eds., The Writings of Thomas Jefferson, vol. 12, (Washington D.C.: Thomas Jefferson Memorial Association, 1907), 392-393.

Document description:
Letter from Thomas Jefferson to Judge John Tyler in which Jefferson expressed his low opinion of Blackstone's Commentaries as a text for law students - May 26, 1810.

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Page 391
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Page 394

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The Writings of Thomas Jefferson, vol. 12



5. Thomas Jefferson to John Tyler, June 17, 1812, Andrew A. Lipscomb and Albert Ellery Bergh, eds., The Writings of Thomas Jefferson, vol. 13, (Washington D.C.: Thomas Jefferson Memorial Association, 1907), 166-167.

Document description:
Letter from Thomas Jefferson to Judge John Tyler in which Jefferson expressed his low opinion of Blackstone's Commentaries as a text for law students - June 17, 1812.

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Page 165
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Page 167
Page 168

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The Writings of Thomas Jefferson, vol. 13



6. Thomas Jefferson to Horatio G. Spafford, March 17, 1814, Andrew A. Lipscomb and Albert Ellery Bergh, eds., The Writings of Thomas Jefferson, vol. 14, (Washington D.C.: Thomas Jefferson Memorial Association, 1907), 119-120.

Document description:
Letter from Thomas Jefferson to Horatio G. Spafford in which Jefferson expressed his low opinion of Blackstone's Commentaries as a text for law students - March 17, 1814.

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Page 118
Page 119
Page 120

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The Writings of Thomas Jefferson, vol. 14



7. Thomas Jefferson to unknown recipient, October 25, 1825, Andrew A. Lipscomb and Albert Ellery Bergh, eds., The Writings of Thomas Jefferson, vol. 16, (Washington D.C.: Thomas Jefferson Memorial Association, 1907), 128-129.

Document description:
Letter from Thomas Jefferson to an unknown recipient in which Jefferson expressed his approval of Francis W. Gilmer's selection of J.H. Thomas's Systematic Arrangement of Lord Coke's First Institute of the laws of England as the primary law text for the University of Virginia - October 25, 1825.

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The Writings of Thomas Jefferson, vol. 16



8. Thomas Jefferson to James Madison, February 17, 1826, James Morton Smith, ed., The Republic of Letters: The Correspondence Between Thomas Jefferson and James Madison 1776-1826, vol. 3, (New York and London: W.W. Norton & Company, 1995), 1965.

Document description:
Letter from Thomas Jefferson to James Madison in which Jefferson expressed his low opinion of Blackstone's Commentaries as a text for law students - February 17, 1826.

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9. Thomas Jefferson to William Cabell Rives, September 18, 1811, The Thomas Jefferson Papers Series 1, General Correspondence, 1651-1827, Library of Congress Manuscript Division, #34460.

Document description:
Letter from Thomas Jefferson to William Cabell Rives regarding Rives's education - September 18, 1811.

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Thomas Jefferson to William Cabell Rives, September 18, 1811



10. St. George Tucker; Clyde N. Wilson, ed., View of the Constitution of the United States with Selected Writings, (Indianapolis: Liberty Fund, 1999), 2-4.

Document description:
Excerpt of the chapter"On the Study of Law" from St. George Tucker's Blackstone's Commentaries: With Notes of Reference to the Constitution and laws of the Federal Government of the United States; And the Commonwealth of Virginia in which Tucker explains the problems caused by the use of Blackstone's Commentaries by American law students - 1803.

Full volume is available in both PDF and HTML formats at the Liberty Fund's Online Library of Liberty website:
View of the Constitution of the United States with Selected Writings

Direct link to section cited in footnote:
View of the Constitution of the United States with Selected Writings - On the Study of Law

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11. St. George Tucker; Clyde N. Wilson, ed., View of the Constitution of the United States with Selected Writings, (Indianapolis: Liberty Fund, 1999), 235-236.

Document description:
St. George Tucker's comments on the subject of religion and government from Blackstone's Commentaries: With Notes of Reference to the Constitution and laws of the Federal Government of the United States; And the Commonwealth of Virginia - 1803.

Full volume is available in both PDF and HTML formats at the Liberty Fund's Online Library of Liberty website:
View of the Constitution of the United States with Selected Writings

Direct link to section cited in footnote:
View of the Constitution of the United States with Selected Writings - Amendments to the New Constitution

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12. St. George Tucker; Clyde N. Wilson, ed., View of the Constitution of the United States with Selected Writings, (Indianapolis: Liberty Fund, 1999), 373.

Document description:
St. George Tucker's comments on the subject of religion and government from Blackstone's Commentaries: With Notes of Reference to the Constitution and laws of the Federal Government of the United States; And the Commonwealth of Virginia - 1803.

Full volume is available in both PDF and HTML formats at the Liberty Fund's Online Library of Liberty website:
View of the Constitution of the United States with Selected Writings

Direct link to section cited in footnote:
View of the Constitution of the United States with Selected Writings - Amendments to the New Constitution

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13. St. George Tucker; Clyde N. Wilson, ed., View of the Constitution of the United States with Selected Writings, (Indianapolis: Liberty Fund, 1999), 374-375.

Document description:
Excerpt of St. George Tucker's Blackstone's Commentaries: With Notes of Reference to the Constitution and laws of the Federal Government of the United States; And the Commonwealth of Virginia in which Tucker expresses his opinion that atheism was less dangerous than religious fanaticism - 1803.

Full volume is available in both PDF and HTML formats at the Liberty Fund's Online Library of Liberty website:
View of the Constitution of the United States with Selected Writings

Direct link to section cited in footnote:
View of the Constitution of the United States with Selected Writings - Amendments to the New Constitution

Purchase View of the Constitution of the United States: With Selected Writings on Amazon.com



14. James Madison to Littell and Henry, October 18, 1821, Letters and Other Writings of James Madison, vol. 3, (New York: R. Worthington, 1884), 233.

Document description:
Letter from James Madison to publishers Littell and Henry regarding their proposed Americanized edition of Blackstone's Commentaries - October 18, 1821.

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Title Page
Page 233



15. Jack N. Rakove, ed., James Madison, Writings, (New York: Literary Classics of the United States, 1999), 632-641.

Document description:
James Madison's Report to the Virginia Assembly on the Alien and Sedition Acts - January 7, 1800.

Avilable online in: Jonathan Elliot, ed., The Debates in the Several State Conventions on the Adoption of the Federal Constitution, as Recommended by the General Convention at Philadelphia, in 1787, vol. 4, (Washington: Printed for the editor, 1836), 546-580

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Full volume available at the Library of Congress A Century of Lawmaking website:
The Debates in the Several State Conventions on the Adoption of the Federal Constitution, vol. 4

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16. Max Farrand, ed., The Records of the Federal Convention of 1787, vol. 2, (New Haven, CT: Yale University Press, 1911), 628.

Document description:
Debate at the Constitutional Convention resulting in the failure of a motion to insert the right to trial by jury in civil cases into Article III of the Constitution - September 12, 1787.

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Full volume available at the Library of Congress A Century of Lawmaking website:
The Records of the Federal Convention of 1787, vol. 2



17. Max Farrand, ed., The Records of the Federal Convention of 1787, vol. 2, (New Haven, CT: Yale University Press, 1911), 628.

Document description:
Debate at the Constitutional Convention resulting in the failure of a motion to insert the right to trial by jury in civil cases into Article III of the Constitution - September 12, 1787.

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Full volume available at the Library of Congress A Century of Lawmaking website:
The Records of the Federal Convention of 1787, vol. 2



18. Charles Havens Hunt, Life of Edward Livingston, (New York: D. Appleton & Company, 1864), 96-97.

Document description:
Letter from Edward Livingston to Jeremy Bentham crediting Bentham's work as the inspiration to begin his work on the laws of Louisiana - August 10, 1829.

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Page 96
Page 97

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Life of Edward Livingston



19. Edward Livingston to Jeremy Bentham, August 10, 1829, Jonathan Harris, Philip Schofield, eds., Legislator of the World: Writings on Codification, Law, and Education, (Oxford: Clarendon Press, 1998), 384.

Document description:
Letter from Edward Livingston to Jeremy Bentham attributing the principles in the new law code of Louisiana to Bentham's work - February 1826.

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20. James Kent to Edward Livingston, February 1826, Charles Havens Hunt, Life of Edward Livingston, (New York: D. Appleton & Company, 1864), 280.

Document description:
Letter from James Kent to Edward Livingston in which Kent agreed to try to read Livingston's Louisiana code with an open mind - February 1826.

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Full volume available on Google Book Search:
Life of Edward Livingston



21. James Kent to Edward Livingston, 1826, Charles Havens Hunt, Life of Edward Livingston, (New York: D. Appleton & Company, 1864), 280-281.

Document description:
Letter from James Kent to Edward Livingston complimenting Livingston's work on the Louisiana code - 1826.

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Page 280
Page 281

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Life of Edward Livingston



22. John Adams to Benjamin Rush, September 4, 1812, John A Shultz and Douglass Adair, eds., The Spur of Fame: Dialogues of John Adams and Benjamin Rush, 1805-1813, (Indianapolis: Liberty Fund, 1999), 267.

Document description:
Letter from John Adams to Benjamin Rush in which Adams listed the Blackstone critics who had influenced Thomas Jefferson and James Madison in the 1770s - September 4, 1812.

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Page 266
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Page 268

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23. James Madison to John Quincy Adams, December 23, 1817, Letters and Other Writings of James Madison, vol. 3, (New York: R. Worthington, 1884), 52-53.

Document description:
Letter from James Madison to John Quincy Adams regarding a meeting Madison had arranged between Adams and Jeremy Bentham - December 23, 1817.

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Title Page
Page 52
Page 53

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Letters and Other Writings of James Madison, Vol. 3



24. William Blackstone, Commentaries on the Laws of England, vol. 4, (Oxford: Clarendon Press, 1765-1769), 59.

Document description:
Definition of blasphemy from Blackstone's Commentaries on the Laws of England.

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Title Page
Page 59

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Commentaries on the Laws of England, vol. 4



25. Bird Wilson, ed., The Works of the Honourable James Wilson, L.L.D., Late One of the Associate Judges of the Supreme Court of the United States, and Professor of Law in the College of Philadelphia, vol. 1, (Philadelphia: Bronson and Chauncey, 1804), iv.

Document description:
Description of a March 1791 resolution of the Pennsylvania House of Representatives appointing James Wilson to digest the laws of Pennsylvania.

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Full volume available at the Dickinson College Their Own Words website:
The Works of the Honourable James Wilson, L.L.D., vol. 1



26. Bird Wilson, ed., The Works of the Honourable James Wilson, L.L.D., Late One of the Associate Judges of the Supreme Court of the United States, and Professor of Law in the College of Philadelphia, vol. 3, (Philadelphia: Bronson and Chauncey, 1804), 109-110.

Document description:
James Wilson's definition of "common nuisances," which included blasphemy.

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Page 109
Page 110

Full volume available at the Dickinson College Their Own Words website:
The Works of the Honourable James Wilson, L.L.D., vol. 3



27. Bird Wilson, ed., The Works of the Honourable James Wilson, L.L.D., Late One of the Associate Judges of the Supreme Court of the United States, and Professor of Law in the College of Philadelphia, vol. 3, (Philadelphia: Bronson and Chauncey, 1804), 112.

Document description:
The possible punishments for blasphemy under Pennsylvania law according to James Wilson.

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Full volume available at the Dickinson College Their Own Words website:
The Works of the Honourable James Wilson, L.L.D., vol. 3



28.
Updegraph v. Commonwealth, 11 Serg. & Rawle 394 Pa. 1824.



29.
Updegraph v. Commonwealth, 11 Serg. & Rawle 394 Pa. 1824.



30.
Updegraph v. Commonwealth, 11 Serg. & Rawle 394 Pa. 1824.



31.
Updegraph v. Commonwealth, 11 Serg. & Rawle 394 Pa. 1824.



32.
Updegraph v. Commonwealth, 11 Serg. & Rawle 394 Pa. 1824.



33.
Updegraph v. Commonwealth, 11 Serg. & Rawle 394 Pa. 1824.



34. Thomas Jefferson to John Adams, December 23, 1817, Lester J. Cappon, ed., The Adams-Jefferson Letters: The Complete Correspondence Between Thomas Jefferson and Abigail and John Adams, (Chapel Hill and London: The University of North Carolina Press, 1988), 422-423.

Note: There is an error in this footnote in the book. The footnote dates this letter December 23, 1817. The correct date is January 24, 1814.

Document description:
Letter from Thomas Jefferson to John Adams tracing the history of common law - January 24, 1814.

Available online in Andrew A. Lipscomb and Albert Ellery Bergh, eds., The Writings of Thomas Jefferson, vol. 14, (Washington D.C.: Thomas Jefferson Memorial Association, 1904), 71-79.

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The Writings of Thomas Jefferson, vol. 14

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35.
Updegraph v. Commonwealth, 11 Serg. & Rawle 394 Pa. 1824.



36. Thomas Jefferson to Thomas Cooper, February 10, 1814, Andrew A. Lipscomb and Albert Ellery Bergh, eds., The Writings of Thomas Jefferson, vol. 14, (Washington, DC: Thomas Jefferson Memorial Association, 1907), 91-92.

Document description:
Excerpt of an earlier version of the history of common law written by Thomas Jefferson when he was a law student.

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Full volume available on Google Book Search:
The Writings of Thomas Jefferson, vol. 14