Michael von der Linn, lead curator of our current exhibit, "From Litchfield to Yale: Law Schools in Connecticut, 1782–1843," will be speaking about the exhibit on April 19 at the Litchfield Historical Society in Litchfield, Connecticut. In his talk, von der Linn will explore how Sir William Blackstone’s seminal Commentaries on the Laws of England provided a syllabus for Judge Tapping Reeve, the founder of the Litchfield Law School. He will also compare examples from Book 1 of the Commentaries with Reeve’s own radical rewriting of that book, The Law of Baron and Femme (1816), and to show how Reeve revised Blackstone for a post-Revolutionary legal community.

The talk is part of the society's "Lunch and Learn" series. The talk will begin at 12 noon on Friday, April 19, at the Litchfield History Museum, 7 South Street, Litchfield, CT. There is a $5 recommended donation for this program. Those wishing to attend are asked register by calling (860) 567-4501 or emailing <registration@litchfieldhistoricalsociety.org>.

Baldwin, Simeon E. “Zephaniah Swift.” In Great American Lawyers (William Draper Lewis; ed.; Philadelphia: John C. Winston Company, 1907-1909).

Fisher, Samuel H. Litchfield Law School 1774-1833: Biographical Catalogue of Students. Yale Law Library Publications, no. 11. New Haven: Yale University Press, 1946.

Forgeus, Elizabeth. “An Early Connecticut Law School: Sylvester Gilbert’s School at Hebron.” 35 Law Library Journal 200-203 (1942).

Forgeus, Elizabeth. “Sylvester Gilbert’s Law School at Hebron, Connecticut: The Students.” 39 Law Library Journal 49-52 (1946).

Hicks, Frederick C. Yale Law School: The Founders and the Founders’ Collection. Yale Law Library Publications, no. 1. New Haven: Yale University Press, 1935.

Hoeflich, Michael H. Legal Publishing in Antebellum America. Cambridge: Cambridge University Press, 2010.

Klafter, Craig Evan. Reason Over Precedents: Origins of American Legal Thought. Westport, CT: Greenwood Press, 1993.

Klafter, Craig Evan. “The Americanization of Blackstone’s Commentaries.” In Essays on English Law and the American Experience (Elisabeth A. Cawthon & David E. Narrett, eds.; College Station: Texas A&M University Press, 1994).

Langbein, John H. “Blackstone, Litchfield, and Yale: The Founding of Yale Law School.” In A History of the Yale Law School: The Tercentennial Lectures (Anthony T. Kronman, ed.; New Haven: Yale University Press, 2004).

Langbein, John H. “Law School in a University: Yale’s Distinctive Path in the Later Nineteenth Century.” In A History of the Yale Law School: The Tercentennial Lectures (Anthony T. Kronman, ed.; New Haven: Yale University Press, 2004).

The Litchfield Ledger, <http://www.litchfieldhistoricalsociety.org/ledger>. A biographical database of students at the Litchfield Law School and Litchfield Female Academy, provided by the Litchfield Historical Society.

McKenna, Marian C. Tapping Reeve and the Litchfield Law School. New York: Oceana, 1986.

Reed, Alfred Zantzigner. Training for the Public Profession of the Law: Historical Development and Principal Contemporary Problems of Legal Education in the United States, with Some Account of Conditions in England and Canada. New York: Charles Scribners’s Sons, 1921.

White, G. Edward. “Law and Entrepreneurship.” In White, Law in American History, Volume 1: From the Colonial Years Through the Civil War (New York: Oxford University Press, 2012).

The image: Zephaniah Swift, A System of the Laws of the State of Connecticut, vol. 1 (Windham: Printed by John Byrne, for the author, 1795-1796). Ownership signature of Samuel W. Southmayd (1773-1813), a student at the Litchfield Law School in 1793. Rare Book Collection, Lillian Goldman Law Library.

"From Litchfield to Yale: Law Schools in Connecticut, 1782-1843," curated by Michael von der Linn and Michael Widener, is on display through May 30, 2013, in the Rare Book Exhibition Gallery, Level L2, Lillian Goldman Law Library, Yale Law School.

In Connecticut and elsewhere, instructors in the proprietary schools played a crucial and self-conscious role in the Americanization of the common law. Applying practical experience, political beliefs, and the ideology of the American Revolution, they revised it to suit local circumstances and showed where it was incorrect, obsolete, or irrelevant. This is especially evident in their reception of Blackstone’s Commentaries. On a fundamental level they helped to de-Anglicize the law by teaching the positive and case law of their state.

Instructors in the Connecticut schools played a dominant role in this process, training dozens of men who became influential lawyers, judges, legislators, and teachers. Litchfield’s alumni list, our largest and most distinguished example, includes two vice-presidents, 101 United States congressmen, twenty-eight United States senators, six cabinet members, three United States Supreme Court justices, fourteen governors, thirteen chief justices of state supreme courts, and seventeen members of the Connecticut House of Representatives. Reeve, Gould, and Swift’s widely circulated treatises, all published versions of their lectures, were equally influential.

Benjamin Pomeroy (1787-1855), Manuscript notes of lectures by Sylvester Gilbert at his Law School in Hebron, Connecticut (c. 1811). [Image cropped.] Rare Book Collection, Lillian Goldman Law Library.

Instructors in the Connecticut schools rejected Blackstone’s unquestioned reverence for the common law. As we see in this lecture by Gilbert, they often subjected his doctrines to counterexamples drawn from natural, civil, and Roman law.

Tapping Reeve, The Law of Baron and Femme (New-Haven: Oliver Steele, 1816). [Image cropped.] Ownership signature of Isaac Leavenworth (1791-1864), a student at the New Haven Law School in 1822. Rare Book Collection, Lillian Goldman Law Library.

The first American treatise on family law, Reeve’s Law of Baron and Femme is a restatement of Blackstone’s Commentaries, Book I, Chapters XIV-XVII. It rejects some of the fundamental doctrines of the common law, most notably coverture. As Blackstone puts it, “the husband and wife are one person in law; that is, the very being or legal existence of the woman is suspended during marriage.” Reeve says the opposite. Also a prescriptive work, Baron and Femme aimed to liberalize the American law of domestic relations, arguing, for example, that married women were permitted to make wills, a point contradicted by the contemporary statute and case law of Connecticut and several other states.

Zephaniah Swift, A Digest of the Laws of the State of Connecticut (New-Haven: Printed and published by S. Converse, 1822-1823).
[Image cropped.] Rare Book Collection, Lillian Goldman Law Library.

Zephaniah Swift’s System of the Laws of the State of Connecticut, the first original American legal treatise, was highly regarded throughout the United States. Published on a subscription basis, its subscribers included George Washington, John Adams, Aaron Burr, James Kent, James Madison and other notables. Structured in the manner of Blackstone’s Commentaries, it presented an overview of the common law of Connecticut, and the common law generally, based on local court decisions and legislation. Swift’s Digest, a more ambitious work, is a complete recasting of the Commentaries. Though it referred to Connecticut law, the Digest addressed American law generally and was intended for a national audience. Both works were deeply influential and are still cited today.

-- Notes by Michael von der Linn

"From Litchfield to Yale: Law Schools in Connecticut, 1782-1843," curated by Michael von der Linn and Michael Widener, is on display through May 30, 2013, in the Rare Book Exhibition Gallery, Level L2, Lillian Goldman Law Library, Yale Law School.

Sir William Blackstone’s Commentaries on the Laws of England (1765-1769) was based on a course of undergraduate lectures that Blackstone delivered at Oxford University. Intended for future members of England’s ruling class, it was the first truly comprehensive synopsis of the common law and its underlying principles. Attractively written, it was soon adopted by aspiring lawyers on both sides of the Atlantic.

Blackstone’s Commentaries was especially popular in America. Members of the legal elite cited its origins to promote the establishment of law schools. Students used it for self-guided study or background reading. Instructors used it as a syllabus. In a letter to a prospective Yale law student dated Dec. 9, 1831, for example, Daggett says that “Blackstones Com. are the outlines & I endeavor to fill up certain of his topics such as mortgages, evidence, pleadings, contracts, equity &c. &c.”

Sir William Blackstone, Commentaries on the Laws of England, vol. 1 (Portland [Maine]: Thomas B. Wait, & Co., 1807). Armorial bookplate, “Doggett Daggett,” which is the family of Yale law professor David Daggett. William Blackstone Collection, Lillian Goldman Law Library.

Notebook of Charles Adams (1795-1821) from lectures of Tapping Reeve and James Gould at the Litchfield Law School, June-Aug. 1812. Rare Book Collection, Lillian Goldman Law Library.

The Connecticut law schools were devoted almost exclusively to private law, then the purview of elite lawyers, which is covered in the first three volumes. The first citation in the right margin, "1 B_ 426", is to Blackstone's Commentaries, volume 1, page 426.

-- Notes by Michael von der Linn

"From Litchfield to Yale: Law Schools in Connecticut, 1782-1843," curated by Michael von der Linn and Michael Widener, is on display through May 30, 2013, in the Rare Book Exhibition Gallery, Level L2, Lillian Goldman Law Library, Yale Law School.

Blackstone, Sir William (1723-1780). Istolkovaniia angliiskikh zahonov [Commentary on English Laws of Mr. Blackstone]. Moscow, 1780-82. 3 vols. Special Collections, Harvard Law School Library

Catherine II became aware of Blackstone's Commentaries on the Laws of England (1765-69) through the French translation. It became her bedside book, replacing Montesquieu, and greatly influenced her ideas on law and administration. Only volume I of Blackstone was translated into Russian, at her behest by S.E. Desnitskii (c. 1740-1789), the Glasgow-educated first Russian professor of law, and A.M. Briantsev (1749-1821). While Catherine had a special need for the book, it was part of her larger commitment to translations expressed in the establishment of a Society for the Translation of Foreign Books, which survived until 1783 and which she subsidized handsomely.

Among the 700 pages of notes which Catherine II took while reading Blackstone were drafts for a High Court of Justice. On her trip to the Crimea in 1787 Catherine II took her notes on Blackstone and her Nakaz with her to compare the two texts and work on further plans for constitutional reform. Her scheme for a High Court of Justice drawn from Blackstone seemed to combine legislative features of Parliament in England with judicial elements. Her contemplated High Court would have chambers consisting of appointed councilors and assessors elected by the local nobility, urban dwellers, and State peasants.

Blackstone wrote approvingly of Catherinian reforms in penal law:

"Was the vast territory of all the Russias worse regulated under the late Empress Elizabeth, than under her more sanguinary predecessors? Is it now under Catherine II less civilized, less social, less secure? And yet we are assured, that neither of these illustrious princesses have, throughout their whole administration, inflicted the penalty of death; and the latter has, upon full persuasion of its being useless, nay, even pernicious, given orders for abolishing it entirely throughout her extensive dominions." -- William Blackstone, Commentaries on the Laws of England, vol. 4, p. 10.

See: I. de Madariaga, Catherine the Great: A Short History (1990).

"Monuments of Imperial Russian Law," curated by William E. Butler and Mike Widener, is on display Mar. 1 - May 25, 2012, in the Rare Book Exhibition Gallery, Level L2, Lillian Goldman Law Library, Yale Law School.

The latest addition to the Rare Book Collection's Flickr galleries is a set dedicated to bookplates. The Bookplates set is a project of Drew Adan, Library Services Assistant in our Collections & Access department. He will be adding more images of bookplates in the coming weeks and months.

The set includes bookplates of the famous, such as the bookplate of Sir William Blackstone (1723-1780), author of Commentaries of the Laws of England, the most influential book in the history of Anglo-American common law. His bookplate is in a copy of John Locke's Essay Concerning Humane Understanding (4th ed.; London 1700), which we recently acquired for our Blackstone Collection:

We will also seek help in identifying bookplates, such as this colorful one found in the Summa aurea of Hostiensis (Lyon 1556):

MIKE WIDENER
Rare Book Librarian

Here are a few of the highlights from our acquisitions in the past three months.

For our growing collection of illustrated law books:

• Quadruvium ecclesie (Paris, 1509) by Johann Hugonis de Sletstat (a.k.a. Johann Hug), considered the first text on German constitutional law; only one other copy in the U.S. (Robbins Collection). See the image at right.
  
• The first edition in German of Damhoudere’s Praxis rerum criminalium (Frankfurt, 1565), a standard work on the criminal law of northern Europe with woodcuts illustrating crimes and criminal procedure; the only U.S. copy.
• Juristische Ergötzlichkeiten vom Jungfrauen-Rechte (Frankfurt & Leipzig, 1715) bound with Juristische Ergötzlichkeiten vom Jung-Gesellen Rechte (Frankfurt & Leipzig, 1723), a pair of little books on law for young women and young men, respectively, with charming frontispieces; the only U.S. copies.
• Two standard works, Justinian’s Institutes (1516) and the Liber Sextus (1514) in lovely editions published by the Giunta family in Venice, with dozens of woodcut illustrations. They join an illustrated Giunta edition of the Decretals (1514) we acquired 60 years ago.
• Esdaile’s Temple Church Monuments (London, 1933) showing the tombs of Edmund Plowden and John Selden.
• Jesse Turner’s A Page from the English State Trials (1907?) extra-illustrated with 55 plates.
• Several 19th-century trials adorned with portraits of the accused and/or their victims.
• Fire on the Nunnery Grounds (2000), a graphic novel based on the the arson attack on the Ursuline Convent in Boston. We also obtained The Charlestown Convent: Its Destruction by a Mob, on the Night of August 11, 1834 (Boston, 1870), an account of the attack and the trials that followed.

We have acquired several law-related children’s books to join the Juvenile Jurisprudence Collection donated by Professor Morris L. Cohen, including:

• Jehoshaphat Aspin, The Constitution of England, or, Magna-Charta, Bill of Rights, Habeas Corpus, and All the Other Laws of England: Familiarly Explained for the Instruction of Youth; Illustrated with an Analytical Chart of the Government of Great Britain, Elegantly Coloured (London, 1810).
• Cruel Jim: and Other Stories (Philadelphia, 1869), a cautionary tale of how cruel children grow into career criminals.
• The Tragi-comic History of the Burial of Cock Robin: with The Lamentation of Jenny Wren; The Sparrow's Apprehension; and The Cuckoo's Punishment (Philadelphia, 1811); printed by John Bouvier, author of the first American law dictionary.

The American Trials Collection grew by 28 titles, including:

• Several trials featuring female victims: The Authentic Life of Mrs. Mary Ann Bickford (Boston, 1846); Lizzie Nutt's Sad Experience (Philadelphia, 1886), Myron Buel, the Murderer of Catharine Mary Richards (Binghamton, NY, 1879), Poor Mary Pomeroy! (Philadelphia, 1874), Trial for Libel: Susanna Torrey, Plaintiff (Fayetteville, VT, 1835), Confession of John Joyce: Who Was Executed on Monday, the 14th of March 1808, for the Murder of Mrs. Sarah Cross, with an Address to the Public and People of Colour (Philadelphia, 1808).
• A Report of the Trial, of James Sylvanus M'Clean (Philadelphia, 1812), an early use of the insanity plea, involving an extortion attempt against Stephen Girard, the wealthiest American of his time.
• More murder trials: Cluverius: My Life, Trial and Conviction (Richmond, 1887); Report of the Trial of Dominic Daley and James Halligan for the Murder of Marcus Lyon (Northampton, MA, 1806); Confession of Jesse Strang (Albany, 1827); Report of the Trials of the Murderers of Richard Jennings (Newburgh, NY, 1819); Trial of John Schild (1813).
• And... a small collection of manuscript court documents and transcripts relating to the trial of William Fitzgerald, accused of murdering a Shawnee Indian in Indiana Territory in 1802.

Additions to our William Blackstone Collection included:

• Blackstone’s Letter to the author of The Question stated (London, 1769), his contribution to the debate over the John Wilkes election.
• Outlines of the Jurisdiction of All the Courts in England and Wales by R. Maugham (London, 1838), a work closely tied to the Commentaries.
• The first edition of The Comic Blackstone (London, 1844-46) in two parts.

And a few odds & ends:

• The first edition of Edmund Plowden’s Commentaries (London, 1571), the first and for centuries the finest of the nominative reports.
• Statuti della Honoranda università de mercatanti ... di Bologna (1550), with a vellum musical manuscript used in the binding; the only U.S. copy.

MIKE WIDENER
Rare Book Librarian

Our books often have interesting stories behind them. One example is the fine set of Blackstone's Commentaries (4 vols.; London, 1830) recently donated  by Mr. Mordecai K. Rosenfeld (Yale Law Class of 1954).

Mr. Rosenfeld is known for the witty and insightful essays he wrote for the New York Law Journal beginning in 1979. The story of our Blackstone begins when a collection of his essays was published in 1988 by the University of Georgia Press, under the title The Lament of the Single Practitioner: Essays on the Law. Here's how Mr. Rosenfeld told the story in a 1990 essay, "Time to Answer":

"The book ... received, I am happy to say, much praise, but I shall recount only one instance, the praise that it received in an essay written for the Times (of London) Literary Supplement by a Mr. Eric Korn... I was so touched that my book would be mentioned in the TLS ... that I wrote a note to thank the author. The note was written, of course, on my office stationery, and that, as we shall see, was my undoing.
     "A few days later I received a response from London. Mr. Korn wrote to me and asked if, perchance, I knew of a lawyer in New York who might help him with a legal problem. Not being able to say that I knew no one, I wrote back offering to undertake the task myself, whatever it was. The only condition I imposed was that I would not, under any circumstances, accept a fee.
     "My offer was promptly accepted. Mr. Korn, it seemed was not only an essayist but also an antiquarian book dealer. His book store ... had participated in an Antiquarian Book Fair in New York and had sold a fine rare book to an apparently prosperous lady for $1,350. The apparently prosperous lady paid with two checks ... on both of which she stopped payment as soon as Mr. Korn had left New York to return home. In accepting the case, I assumed that if I wrote a lawyer letter, payment would be prompt..."

However, collecting the payment turned out to be not so simple for Mr. Rosenfeld. He was obliged to sue in small-claims court, where he had never litigated. In "Time to Answer", he recounts his embarrassment as he made several false starts. When he was finally ready to collect a default judgment, he had to ask the bank's attorney, again, for guidance:

"He couldn't believe that I didn't know what had to be done, and inquired again if I was really a lawyer. When I assured him that I was, he asked which law school I had graduated from, but I was ashamed to tell him because my particular law school, Yale, takes inordinate (but undeserved) pride in the intellectual abilities of its graduates, and so I told him that, frankly, I couldn't remember. Said Mr. Mancuso, 'Mr. Rosenfeld, I'm not surprised.'"

The full story of Mr. Rosenfeld's initiation into small-claims litigation is in "Time to Answer," published in A Backhanded View of the Law: Irreverent Essays on Justice (Woodbridge, CT: Ox Bow Press, 1992). But the essay does not mention that Mr. Korn, in lieu of a fee, sent Mr. Rosenfeld the London 1830 edition of Blackstone's Commentaries as a token of his gratitude. This is the set that Mr. Rosenfeld donated to the Lillian Goldman Law Library in October 2008. A few weeks later, I had the pleasure of meeting Mr. Korn at the Boston Antiquarian Book Fair. He retains a high opinion of Mr. Rosenfeld's legal abilities.

The 1830 Commentaries is a lovely set, still in its original boards and with the pages untrimmed. Our thanks to Mordecai Rosenfeld for this very welcome addition to our William Blackstone Collection, the world's most comprehensive collection of Blackstone.

And for your reading pleasure, I highy recommend Mr. Rosenfeld's essays in Lament of the Single Practitioner and Backhanded View of the Law, described by Eric Korn as "beautifully adept jabs at legal idiocies."

MIKE WIDENER
Rare Book Librarian

Spring 2008 has been a busy season for acquisitions in the Yale Law Library's Rare Book Collection.

The American trials collection grew by thirty titles in Spring 2008. These included The Fall River Tragedy: A History Of The Borden Murders (1893); a bizarre recreation of the Lindbergh kidnapping (Criminal File Exposed!, 1933): the Amistad trial (New England Anti-Slavery Almanac, 1841; see image ar right); the adultery trial of the Rev. Joy Fairchild (Boston, 1845); censorship of abolition literature (Remarks on the Decision of the Appeal Court of South-Carolina, in the Case of Wells, 1835), sidewalk preaching in New York City (Account of the Trial of John Edwards, 1822); Rev. Henry Ward Beecher's adultery trial (True History of the Brooklyn Scandal, 1878), and murder trials aplenty (The Most Foul and Unparalleled Murder in the Annals of Crime: Life and Confession of Reuben A. Dunbar, 1851; Account of the Short Life and Ignominious Death of Stephen Merrill Clark, 1821; Trial of Henry G. Green, for the Murder of His Wife, 1845; Trial of Rev. Mr. Avery, 1833; Report of the Trial of William Henry Theodore Durrant, 1899).

Seven titles were added to the William Blackstone Collection. The most notable is an apparently unrecorded variant of Eller 180, Commentaire sur le code criminel d'Angleterre (2 vols., 1776), still in its original paper wrappers. Two somewhat ephemeral items testify to Blackstone's role in debates through the years. Our Legal Heritage (2001), by Judge Roy Moore, the Chief Justice of Alabama who lost his judgeship for refusing to remove the Ten Commandments from his courtroom, contains a lengthy excerpt from Blackstone with commentary by Judge Moore. An 8-page pamphlet by the English mystic John Ward is titled This penny book proves clearly that the bishops and clergy are religious imposters, who falsely pretend to an extraordinary commissio[n] from Heaven, and terrify and abuse the Peop[le] with false denunciations of judgment, and as suc[h] by the present laws of England, according [to] Blackstone's Commentaries, vol. IV, p. 62, a[re] liable to fine. imprisonment, and infamo[us] corporeal punishment. This pamphlet also contains a true song, of 18 verses, against priestcraft and oppression to be sung to the tune of the Vicar and Moses (Birmingham, 1832).

Another 18 volumes of Italian statutes and related treatises were acquired, including statutes of Vicenza (1675), Trento (1640), and Milan (1800), as well as ordinances for the notaries' guild of Cremona (1597), the Bergamo marketplace (1701), the legal profession in Bergamo (1795), and the pawnbrokers of Vicenza (1676). The 1718 edition of the agricultural statutes of Rome, Gli statuti dell' agricoltura, includes illustrations of the life cycle of locusts.

In all, thirty of the titles acquired in Spring 2008 sported illustrations. San Antonio tax attorney Farley P. Katz donated two long-sought French codes filled with colorful and humorous images by the illustrator Joseph Hémard: the deluxe edition of Code général des impôts directs et taxes assimilées (1944; see image at right), and Code civil: Livre premier, Des personnes (1925). Katz recently published a study of Hemard's tax code that reproduces several of the illustrations: "The Art of Taxation: Joseph Hémard's Illustrated Tax Code," 60 Tax Lawyer 163 (2006). We acquired two more illustrated French codes perhaps inspired by Hémard: the Code Napoléon rendered into verse with 60 risqué woodcuts by Pierre Noël (1932-33), and the Code Pénal (1950) with illustrations by Jean Dratz (1950). The Coutumes generales d'Artois (1756) has eight large woodcuts depicting the judicial process. Joost de Damhoudere's Practycke in criminele saecken (1642) has dozens of woodcuts depicting crimes and criminal procedure.

I highlighted gifts from Mrs. Beverly M. Manne and Mr. Harold I. Boucher in previous posts, and I am happy to repeat my thanks again.

MIKE WIDENER
Rare Book Librarian