Argument of William H. Seward, in Defence of William Freeman, on His Trial for Murder, at Auburn, July 21st and 22nd, 1846. Reported by S. Blatchford


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This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.




ARGUMENT OF WILLIAM H SEWARD I


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This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.







Argument of William H. Seward, in Defence of William Freeman, on His Trial for Murder, at Auburn, July 21st And 22d 1846


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1846 edition. Excerpt: ...out of Prison he was so dull, stupid, morose, excited io anger by petty troubles, small in our view but mountains in his way, filled in his waking hours with moody recolleciions, and rising at mid-night to sing incoherent songs, dance without music, read unintelligible jargon and combat with imaginary enemies. How oiherwise than on the score of madness can you explain the stupidity which caused him to be taken lor a fool at Apptegate's, on the way from the Prison lohis home? How else the ignorance which made him incapable ot distinguishing the coin which he offered at the halter's shop? How else his ludicrous apprehensions of being recommitted l0 the State Prison for live years, for the offence of breaking his dinner knife? How else his odd and strange manner of accouniing for his deafness, by expressions, all absurd and senseless, and varying with each interogator; as to John Depuy "that Tyler struck him across the eats with a plank, and knocked his hearing off, and that it never came back; that they put salt in his ear, but it did'nt do any good for his hearing was gone, all knocked off;" to the Rev. John M. Austin, "the siones dropped down my ears, or the stones of my ears dropped down;" to Ethan A. Warden, " got stone in my ear, got it out, thought 1 heard better when I got it out;" to Doctor Hermance, "that his ears dropped," and to the same witness on another occasion, "that the hearing of his ears fell down;" to his mother, ' that his ear had fell down;" to Deborah Depuy, " that Tyler si tuck him on the head with a board and it seemed as if the sound went down his throat;" io Doctor Brigham, "thai he was hurt when young, it made him deaf in the right ear, ..".




In the Shadow of the Gallows


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From Puritan Execution Day rituals to gangsta rap, the black criminal has been an enduring presence in American culture. To understand why, Jeannine Marie DeLombard insists, we must set aside the lenses of pathology and persecution and instead view the African American felon from the far more revealing perspectives of publicity and personhood. When the Supreme Court declared in Dred Scott that African Americans have "no rights which the white man was bound to respect," it overlooked the right to due process, which ensured that black offenders—even slaves—appeared as persons in the eyes of the law. In the familiar account of African Americans' historical shift "from plantation to prison," we have forgotten how, for a century before the Civil War, state punishment affirmed black political membership in the breach, while a thriving popular crime literature provided early America's best-known models of individual black selfhood. Before there was the slave narrative, there was the criminal confession. Placing the black condemned at the forefront of the African American canon allows us to see how a later generation of enslaved activists—most notably, Frederick Douglass—could marshal the public presence and civic authority necessary to fashion themselves as eligible citizens. At the same time, in an era when abolitionists were charging Americans with the national crime of "manstealing," a racialized sense of culpability became equally central to white civic identity. What, for African Americans, is the legacy of a citizenship grounded in culpable personhood? For white Americans, must membership in a nation built on race slavery always betoken guilt? In the Shadow of the Gallows reads classics by J. Hector St. John de Crèvecoeur, Edgar Allan Poe, Frederick Douglass, Herman Melville, George Lippard, and Edward Everett Hale alongside execution sermons, criminal confessions, trial transcripts, philosophical treatises, and political polemics to address fundamental questions about race, responsibility, and American civic belonging.




Discretionary Justice


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The pardon is an act of mercy, tied to the divine right of kings. Why did New York retain this mode of discretionary justice after the Revolution? And how did governors’ use of this prerogative change with the advent of the penitentiary and the introduction of parole? This book answers these questions by mining previously unexplored evidence held in official pardon registers, clemency files, prisoner aid association reports and parole records. This is the first book to analyze the histories of mercy and parole through the same lens, as related but distinct forms of discretionary decision-making. It draws on governors’ public papers and private correspondence to probe their approach to clemency, and it uses qualitative and quantitative methods to profile petitions for mercy, highlighting controversial cases that stirred public debate. Political pressure to render the use of discretion more certain and less personal grew stronger over the nineteenth century, peaking during constitutional conventionsand reaching its height in the Progressive Era. Yet, New York’s legislators left the power to pardon in the governor’s hands, where it remains today. Unlike previous works that portray parole as the successor to the pardon, this book shows that reliance upon and faith in discretion has proven remarkably resilient, even in the state that led the world toward penal modernity.




Free Blacks, Slaves, and Slaveowners in Civil and Criminal Courts


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Free Blacks, Slaves, and Slaveowners in Civil and Criminal Courts: The Pamphlet Literature. New York & London: Garland Publishing, Inc., 1988. 2 Vols. 642 pp. With a New Introduction by Paul Finkelman. Reprinted 2007, 2013 by The Lawbook Exchange, Ltd. ISBN-13: 9781584777427; ISBN-10: 1584777427. Hardcover. New. 14 Pamphlets reprinted in fascimile, in 2 volumes, with a New Introduction by Paul Finkelman: 1. Goodell, Abner Cheney Jr. The Trial and Execution, for Petit Treason, of Mark and Phillis, Slaves of Capt. John Codman, Who Murdered Their Master at Charleston, Mass., in 1755; for which the Man was Hanged and Gibbeted, and the Woman was Burned to Death, Including, also, Some Account of Other Punishments by Burning in Massachusetts. Cambridge, 1883. Cambridge, 1883. 39 pp. 2. Johnstone, Abraham. The address of Abraham Jolinstone, a black man, who was hanged at Woodbury in the county of Glocester, and state of New Jersey on Saturday 8th day of July last: to which is added his dying confession. Philadelphia, 1797. 47 pp. 3. The Life and Confession of Cato, a Slave of Elijah Mount, of Charleston, in the county of Montgomery, Who was Executed at Johnstown on the 22nd day of April 1803 for the murder of Mary Akins. Johnstown, 1803. 12 pp. 4. A Faithful Report of the Trial of Doctor William Little, on an Indictment for an Assault and Battery, Committed upon the Body of His Lawful Wife, Mrs. Jane Little, a Black Lady. New York, 1808. 24 pp. 5. The Commissioners of the Alms-House vs. Alexander Whistelo, a Black Man; Being a Remarkable Case of Bastardy, Tried and Adjudged by the Mayor, Recorder, and Several Aldermen of the City of New York. New York, 1808. 56 pp. Please contact us for a complete list of titles contained in these two volumes. Reprinted from the Garland series Slavery, Race, and the American Legal System, 1700-1872. Facsimiles of 20 scarce pamphlets are collected in these two volumes. As the title indicates, most are reports of criminal cases relating to such crimes as murder and assault. Others address political issues arising from legal rights of free blacks. Also included are accounts of two fascinating cases relating to problems caused by the end of slavery. One involves the legal status of informal marriages between former slaves, the other involves the validity of slave contracts signed before abolition. " The volumes in this series] belong in every library used for research, and in particular at all law school libraries. They will prove valuable to historians, lawyers, law teachers and students, and all persons interested in the problems of slavery and race in American experience." William M. Wiecek, American Journal of Legal History 33 (1989) 187.




A. Lincoln, Esquire


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"Abraham Lincoln has long been considered the greatest president by scholars of American history. According to legal scholars, he could just as easily have been one of the foremost lawyers in the nation had he not become president." "Lincoln practiced law for about twenty-five years, mainly in the circuit courts of Illinois. However, he was hardly a hick country lawyer. In contrast, Lincoln was an incisive, determined, and assertive litigator with an overwhelming caseload. He sought out new business for his law firm and cared about earning a comfortable living." "A ten-year research project, the Lincoln Legal Papers, discovered thousands of yellowed legal documents in musty and dusty courtroom basements. Those handwritten legal papers related to more than 5,000 cases that Lincoln handled, more than 400 before the supreme court of Illinois. In addition, Lincoln appeared before justices of the peace, circuit court judges, and even the Supreme Court of the United States." "For the first time, this book uses the newly discovered legal documents to tell the story of more than sixty of Lincoln's cases. Many of these cases have never been written about previously. Allen D. Spiegel describes how Lincoln the lawyer handled a staggering variety of cases involving arbitration, assault and battery, bad debt, bankruptcy, bastardy, bestiality, breach of marriage, divorce, impeachment of an Illinois justice, insanity, land titles, libel, medical malpractice, murder, partnership dissolution, patent infringement, personal injuries, property damages, rape, railroad bonds, sexual slander, slave ownership, and wrongful dismissal."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved




Bibliotheca Americana


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The Statesmen of America in 1846


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