The Rare Book Collection's image galleries on Flickr are now part of the Yale Law Library's Flickr site. All the previous content is still there -- Legal Trees, Dutch Court Scenes, and Provenance Markings -- and I continue to add images to these sets. New sets include:

• 21 images from Francesco Maria Pecchio's profusely illustrated Tractatus de aquaeductu (1713), a 4-volume treatise on the Roman law of aquaducts and riparian rights (see an example at right).
• Images of Justitia (or Themis), or "blind-folded Justice with her scales."
  
• Title pages from a half-dozen 18th-century German legal dissertations. Our rare book cataloger, Susan Karpuk, spoke at the 2009 annual meeting of the American Association of Law Libraries on how to decipher their long-winded and complicated titles.
• Two pamphlets relating to the prosecution of William Lanson, a leader of New Haven's African-American community in the early 19th century. Lanson built the original Long Wharf and several other developments. In 1845 Lanson was accused of operating a house of ill repute. Isaiah Lanson's Statement and Inquiry, Concerning the Trial of William Lanson (1845) is a defense of Lanson by his son Isaiah, and William Lanson's Book of Satisfaction (1848) is William Lanson's own defence, including a poem describing the events.

More to come...

MIKE WIDENER
Rare Book Librarian

The sesquicentennial of the infamous Dred Scott decision was marked in 2007. The U.S. Supreme Court ruled that slaves were property and not citizens; they could not bring suit in federal court; and because slaves were private property, the federal government could not revoke a slave owner's right to own a slave based on where he lived. The decision threatened to open U.S. territories to slavery, and was one of the preludes to the Civil War.

The decision itself was published in several editions, and is widely accessible. It generated a large amount of pamphlet literature, which is not so accessible. An example from the Yale Law Library's Rare Book Collection is A Legal Review of the Case of Dred Scott, by John Lowell and Horace Gray. (In 1881 Gray became a U.S. Supreme Court Justice and in 1898 authored a decision that a child born in United States to foreign parents is automatically a citizen of the United States.)

Our copy is inscribed, "Hon. Roger S. Baldwin with the authors' compliments." Roger Sherman Baldwin (Yale 1845) served Connecticut as governor and U.S. Senator, and was one of the attorneys who defended the African captives in the Amistad case. It was one of thousands of volumes donated to the Yale Law Library by his son, Simeon E. Baldwin (Yale 1861), one of the most outstanding professors in the history of the Yale Law School. The inscription illustrates how pamphlets like this one were part of the information networks among anti-slavery lawyers and activists.

For more information, see the Wikipedia articles on Roger Sherman Baldwin and Simeon E. Baldwin, and the accompanying links. There are a number of excellent websites on the Dred Scott decision. An excellent starting place is the Library of Congress Web Guide on Dred Scott v. Sandford.

MIKE WIDENER
Rare Book Librarian

Among the most uncommon and interesting of our trial pamphlets is Isaiah Lanson's Statement and Inquiry, Concerning the Trial of William Lanson, Before the New Haven County Court, November Session, 1845, probably printed in New Haven in 1846. Ours is the only copy recorded in the online library dabase, WorldCat.

William Lanson was an African American and a successful New Haven construction engineer. He extended Long Wharf in 1810, built the East Haven Bridge, and helped develop Wooster Square. He also owned the Liberian Hotel. He was arrested repeatedly for allegedly illegal activities at the hotel, and put on trial for operating a house of ill repute.

In this pamphlet, Lanson's son Isaiah comes to his father's defense. He asserts that "If Mr. L. had been a white man, he would have had at least some advantages which he has not had. Some evidence of his would have been taken as good. We have no hesitation in saying that the jury were in a measure prejudiced." Isaiah Lanson sets out an impassioned but also well-documented defense of his father's conduct and reputation.

The pamphlet provides considerable information on the operation of a boarding house, and life in New Haven's African American community in the early 19th century. It also provides evidence that African Americans in New Haven were not only literate but also sophisticated in their employment of print media.

MIKE WIDENER
Rare Book Librarian
 

History of the Oberlin-Wellington Rescue (1859) is a lengthy and detailed account of the arrest of John, a fugitive slave belonging to John G. Bacon of Kentucky who was residing in Oberlin, Ohio. John was liberated by a band Ohio citizens, led by Simeon Bushnell and Charles Langston. The two leaders were put on trial for interfering with the arrest of a fugitive slave, and the trial was followed by Ohio indictments against the slavehunters on kidnapping charges. All these events are narrated in detail in the 280-page book, as well as the mass meetings organized throughout the North by abolitionists to drum up support for the rescuers.

History of the Oberlin-Wellington Rescue demonstrates that accounts of fugitive slave trials had become profitable publishing ventures. It was produced by a consortium of three publishers (John P. Jewett and Co. of Boston, Henry P.B. Jewett of Cleveland, and Sheldon and Co. of New York City). The American Antiquarian Society has a broadside advertisement for the book:

"AGENTS WANTED! To sell The History of the Oberlin-Wellington Rescue!! A book that everybody wants! And will buy at the first opportunity! ... We want agents enough to canvass every school-district in Ohio, and every state north of Mason's and Dixon's line. So saleable a book on such lucrative terms is offered only once in a long while, as everybody knows. Now is the time! Arrangements can be made for agencies west of Cleveland with H.P.B. Jewett, Cleveland; eastward, with John P. Jewett & Co., Boston. Any inquiries answered by Jacob R. Shipherd, Oberlin."

The American Memory site at the Library of Congress provides the full text and images of History of the Oberlin-Wellington Rescue. 

[From Race on the Stand: African-American History in the Law Library’s American Trials Collection, presented Feb. 20, 2008, at the Sterling Memorial Library, Yale University.]

MIKE WIDENER
Rare Book Librarian

The Arrest, Trial, and Release of Daniel Webster, A Fugitive Slave (Philadelphia: Pennsylvania Anti-Slavery Society, 1859) is a journalistic narrative. The anonymous author records not only the trial, but the pre-trial proceedings, conversations with the sheriff, and the actions of the crowds that were on hand. The pamphlet provides evidence on the communications networks of abolitionists and how they rallied supporters to intervene in the proceedings. It preserves the voices of the participants, including Mr. Webster, who won his freedom in a hearing before a U.S. Commissioner.

Like many other accounts of fugitive slave trials, this pamphlet was published by an interest group, the Pennsylvania Anti-Slavery Society. It was inexpensive, quickly produced, and easily mailed.

[From Race on the Stand: African-American History in the Law Library’s American Trials Collection, presented Feb. 20, 2008, at the Sterling Memorial Library, Yale University.]

MIKE WIDENER
Rare Book Librarian

Early American trials is one of the collecting priorities for the Yale Law Library's Rare Book Collection. In the past two years we added over a hundred titles to an already large collection. About two dozen of these were trials involving African Americans, and nearly all are the only copies at Yale.

Trials involving African Americans figure prominently in the collection, because of their prominent role in American history and their continuing interest for researchers. I gave a presentation on them, Race on the Stand: African-American History in the Law Library’s American Trials Collection, on Feb. 20, 2008, for a Black History Month event organized by the Standing Committee on Professional Awareness of the Yale University Library.

Trial accounts are valuable and fascinating documents for several reasons. By recording testimony and court debates, they capture voices from the past. In contrast to appellate proceedings -- where lawyers and judges are talking among themselves -- trials capture a broader range of voices. Trial accounts are unique primary sources, capturing the proceedings in lower courts that usually can’t be found anywhere else. Through testimony and fact-finding, trials provide a window on social conditions, living conditions, and attitudes.

For African-American history in particular, battles over slavery and race were often fought in the courts.

What do I mean by "American trials"?  They are typically small, cheaply produced pamphlets like the 8-page item shown at right, Case of the Slave Isaac Brown: An Outrage Exposed (1847?).

The case itself involved a trumped-up charge that an African American in Pennsylvania was a fugitive from justice. Brown had been punished for an assault two years before in Maryland, and then sold to a planter in Louisiana. Somehow he made it to Pennsylvania. His former owner in Maryland obtained an arrest warrant. Two attorneys took Brown's case and won his freedom. The case itself shows how both pro-slavery and anti-slavery groups made of the courts to further their goals.

The pamphlet itself demonstrates how trial pamphlets were used as propaganda, and also to publicize the tricks used by slave catchers. The anonymous author concludes:

"The case of Isaac Brown shows with what facility any honest citizen of Pennsylvania may be seized under a requisition from the Executive of another State, on some false and malicious charge ..., banished from his native soil, tried among strangers before a foreign tribunal, and convicted and punished by the perjury of those who committed the crime, and who escape by fastening it upon him. It is a lesson to our Governor, our Courts and our People."

Abolitionists are here telling their readers: "This could happen to YOU." They argued that slavery laws threatened the white population as well as African Americans.

The American Memory site at the Library of Congress provides the full text and images of The Case of the Slave Isaac Brown.

I'll be posting other examples from my presentation in the next several days. 

MIKE WIDENER
Rare Book Librarian