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To: patlin
bottom of page 437 & continued on page 438: "In order to prove that individuals in a State of nature are equally free & independent he read passages from Locke, Vattel, Lord Summers--Priestly. To prove that the case is the same with States till they surrender their equal sovereignty, he read other passages in Locke & Vattel, and also Rutherford: that the States being equal cannot treat or confederate so as to give up an equality of votes without giving up their liberty"

That is a very good point. If they are discussing Locke, Lord Summers--Priestly, and Vattel, but omitting Blackstone, one can hardly argue that Blackstone was influential in the Debate on the character of individual citizens.

That needs to go in the research thread so we can easily find it again.

568 posted on 02/10/2012 7:11:05 AM PST by DiogenesLamp (Partus Sequitur Patrem)
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To: DiogenesLamp
you may want to archive these also, they are the only references to Blackstone from 1774-1789

Blackstone quotes in Continental Congress:

October 21, 1775 : National debt, one hundred and forty millions; ten millions, the peace establishment; twenty millions, the whole current cash of the nation. Blackstone. I never read anybody that better understood the subject

Jan 24, 1783 : The Committee [Mr. James Madison, Mr. Hugh Williamson and Mr. Thomas Mifflin] instructed on the motion of Col. [Theodorick] Bland to report a list of books proper for the use of Congress, recommend that the Superintendt. of Finance and the Secy. of Congress be empowered to take order for procuring the books enumerated below: the same when procured to be under the care of the said Secy.

Law of Nature and Nations Cudworth's Intellectual System. Cumberland's Law of Nature. Wolfius's Law of Nature. Hutchinson's Moral Philosophy. Beller's delineation of universal Law. Ferguson's analysis of Mor: Philosophy. Rutherforth's institutes of Natural Law. Grotius's Law of Nature and Nations. Puffendorf's Law of Nature and Nations with notes by Barbeyrac. Puffendorf de officio hominis et civis. Vattell's Law of Nature and Nations. Vattell's Questions in Natural Law. Burlamaque's Law of Nature and Nations. Grotius's Mare Liberum. Selden's Mare clausum. Molloy de jure maritimo. Beaux lex mercatoria. Jacob's lex mercatoria. Lee on captures. Ordinances of Marine of France. Admiralty Laws of G. Britain. do. of the several others of Europe. Wiquefort's Ambassador. El Embaxador, par Antoine de Vera. L'Ambasciatore Politice Christiano, par le prince Charles Marie Carafe. De la charge et dignité de l'ambassadeur, par Jean Hotman. Le Ministre public dans les cours etrangeres &c. par J. de la Sarras du Franquesnay. De foro legatorum par Bynkershock traduit en Francois par Barbeyrac, sous le titre de traite du Juge competent des Ambassadeurs &c. with all his other works. De legationibus par Alberie Gentilis. Legatus par Charles Paschal. Legatus par Frederick Marsalaer.

Law. Justinian's Institutes by Harris. Codex juris civilis. Taylor's elements of Civil Law. Domat's Civil Law. Coke's Institutes. Blackstone's Commentaries. Cunningham's Law Dictionary. Statutes at large by Rufhead. Lex Parliamentaria. Cunningham's law of Exchange. Collection of Laws to prevent frauds in the Customs. Book of rates. Clarke's practice of Courts of Admiralty. Fredencian Code.

June 29, 1787 : Dr. JOHNSON. As the debates have hitherto been managed, they may be spun out to an endless length; and as gentlemen argue on different grounds, they are equally conclusive on the points they advance, but afford no demonstration either way. States are political societies. For whom are we to form a government? for the people of America, or for those societies? Undoubtedly for the latter. They must, therefore, have a voice in the second branch of the general government, if you mean to preserve their existence. The people already compose the first branch. This mixture is proper and necessary; for we cannot form a general government on any other ground. Mr Hamilton: The Parliament of Great Britain asserted a supremacy over the whole empire; and the celebrated Judge Blackstone labors for the legality of it, although many parts were not represented. This parliamentary power we opposed as contrary to our colonial rights

Aug 29, 1787 : In Convention.--Article 16 being taken up,-- Mr. PINCKNEY moved to commit article 16, with the following proposition: "To establish uniform laws upon the subject of bankruptcies, and respecting the damages arising on the protest of foreign bills of exchange." Mr. DICKINSON mentioned to the House, that, on examining Blackstone's Commentaries, he found that the term "ex post facto" related to criminal cases only; that they would not, consequently, restrain the states from retrospective laws in civil cases; and that some further provision for this purpose would be requisite.

Friday June 18, 1788 : [The 2d clause of the 2d section(treaties) was then read.] Mr. MADISON, instead of being alarmed, had no doubt but the Constitution would increase, rather than decrease, the security of territorial rights and commercial advantages, as it would augment the strength and respectability of the country. The honorable gentleman, says he, has said we are making great innovations in extending the force of treaties. Are not treaties the law of the land in England? I will refer you to a book which is in every man's hand--Blackstone's Commentaries. It will inform you that the treaties made by the king are to be the supreme law of the land.

June 20, 1788 : [The 1st and 2d sections of the 3d article still under consideration.] To hear gentlemen of such penetration make use of such arguments, to persuade us to part with that trial by jury, is very astonishing. We are told that we are to part with that triad by jury which our ancestors secured their lives and property with, and we are to build castles in the air, and substitute visionary modes of decision for that noble palladium. I hope we shall never he induced, by such arguments, to part with that excellent mode of trial. No appeal can now be made as to fact in common-law suits. The unanimous verdict of twelve impartial men cannot be reversed. I shall take the liberty of reading to the committee the sentiments of the learned Judge Blackstone, so often quoted, on the subject.

572 posted on 02/10/2012 8:55:22 AM PST by patlin ("Knowledge is a powerful source that is 2nd to none but God" ConstitutionallySpeaking 2011)
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