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Full-Text Articles in Legal History

Patrick Peel, The American Justice Of The Peace, Legal Populism, And Social Intermediation: 1645 To 1860, Paper Presented To Conference On Colonies And Postcolonies Of Law, Princeton University (Mar. 18, 2011) Mar 2011

Patrick Peel, The American Justice Of The Peace, Legal Populism, And Social Intermediation: 1645 To 1860, Paper Presented To Conference On Colonies And Postcolonies Of Law, Princeton University (Mar. 18, 2011)

Documents from Dimension II: Habeas Corpus as a Legal Remedy (article)

… discussing differences between social role of American and English J.P’s, they were a natural target of damages actions.


Chester Bradley Jordan, “Saunders W. Cooper,” In 1 Proceedings Of The Bar Association Of The State Of New Hampshire 169 (N.S. 1900) Jan 1900

Chester Bradley Jordan, “Saunders W. Cooper,” In 1 Proceedings Of The Bar Association Of The State Of New Hampshire 169 (N.S. 1900)

Documents from Making Habeas Work: A Legal History (monograph)

The article is an extended biographical sketch of Cooper that passes over this (alleged smuggling) episode.


29 Provincial Papers Of New Hampshire Iv-Vi (Albert S. Batchellor Ed., 1891) Jan 1891

29 Provincial Papers Of New Hampshire Iv-Vi (Albert S. Batchellor Ed., 1891)

Documents from Dimension II: Habeas Corpus as a Legal Remedy (article)

The Masonian reference is to a politically-charged series of land disputes that roiled the justice system of the colony for many of its early years and was not ultimately resolved until 1790


2 Henry Adams, History Of The United States During The Administration Of Thomas Jefferson 241-42 (1891) Jan 1891

2 Henry Adams, History Of The United States During The Administration Of Thomas Jefferson 241-42 (1891)

Documents from Making Habeas Work: A Legal History (monograph)

Aaron Burr … found it prudent to travel west. There, he allegedly conspired with others to separate some of this country’s newly acquired western territories from their allegiance to the United States.


John M. Mcclintock, History Of New Hampshire 501–02 (Boston, B.B. Russell 1889) Jan 1889

John M. Mcclintock, History Of New Hampshire 501–02 (Boston, B.B. Russell 1889)

Documents from Dimension II: Habeas Corpus as a Legal Remedy (article)

The War of 1812 was highly controversial domestically, especially in federalist New England16 and particularly prior to April 1814 - the period during which the British blockade of the Atlantic Coast exempted ports from Boston northward. One result was widespread smuggling between New England and Canada.


John H. Morison, Life Of The Hon. Jeremiah Smith, Ll.D. 247 Jan 1845

John H. Morison, Life Of The Hon. Jeremiah Smith, Ll.D. 247

Documents from Making Habeas Work: A Legal History (monograph)

Not only were jurors unskilled in performing this function (statutory interpretation), but even judges would be left to improvisation unless they had published judicial opinions to rely upon.


N.H. Patriot, Feb. 16, 1826 Feb 1826

N.H. Patriot, Feb. 16, 1826

Documents from Making Habeas Work: A Legal History (monograph)

The two competing views reflected in this paragraph of text mirror a larger political transformation in which military officers were coming to be seen “as apolitical instrument[s] of public policy” rather than political actors like other public officials.


Tax Payers, Letter To The Editor, For The Statesman & Register, The Concord Statesman & Register, Feb. 14, 1826 Feb 1826

Tax Payers, Letter To The Editor, For The Statesman & Register, The Concord Statesman & Register, Feb. 14, 1826

Documents from Making Habeas Work: A Legal History (monograph)

The letter noted that the Committee’s information had been “confirmed by Mr. Holmes of the Senate, who was counsel for this Capt. Kid.”


Isaac Hodsdon’S Case, N.H. Patriot, Jan. 16, 1826 Jan 1826

Isaac Hodsdon’S Case, N.H. Patriot, Jan. 16, 1826

Documents from Making Habeas Work: A Legal History (monograph)

Against reimbursement of Hodsdon for his defense expenses.


Maine Historical Society, Coll. 8, Box 1/4 - Petition Of Isaac Hodsdon (January 31, 1822) Jan 1822

Maine Historical Society, Coll. 8, Box 1/4 - Petition Of Isaac Hodsdon (January 31, 1822)

Documents from Dimension II: Habeas Corpus as a Legal Remedy (article)

Hodsdon signed a petition to Congress seeking compensation for his expenses in connection with his various legal entanglements. … Hodsdon accordingly sought reimbursement from “the Government of the United States, the orders of whose officers he has strictly obeyed,” for his expenses “in defending himself in prosecutions brought against him for doing a duty, which he was bound as a subordinate officer to do.


In Re Mills, Strafford County Ct., Dec. 18, 1819, Strafford County Court Records, Folder 11, New Hampshire State Archives Dec 1819

In Re Mills, Strafford County Ct., Dec. 18, 1819, Strafford County Court Records, Folder 11, New Hampshire State Archives

Documents from Making Habeas Work: A Legal History (monograph)

Members of the armed forces in the early 1800s who were imprisoned in violation of a federal statute exempting active duty military personnel from arrest for debt would routinely seek and gain release through writs of habeas corpus.


Further Suspension Of Habeas Corpus, N.H. Gazette, Aug. 12, 1817 Aug 1817

Further Suspension Of Habeas Corpus, N.H. Gazette, Aug. 12, 1817

Documents from Making Habeas Work: A Legal History (monograph)

Meanwhile, as readers of New Hampshire newspapers would have been aware, there was a controversial partial suspension of the writ in England during 1817-18 in consequence of disorderly protests in support of political and industrial reform.


Foreign News, N.H. Gazette, May 30, July 15, 1817 Jul 1817

Foreign News, N.H. Gazette, May 30, July 15, 1817

Documents from Dimension II: Habeas Corpus as a Legal Remedy (article)

Meanwhile, as readers of New Hampshire newspapers would have been aware, there was a controversial partial suspension of the writ in England during 1817-18 in consequence of disorderly protests in support of political and industrial reform.


Collection Of Personal Papers, Document Case 5035, Folder 37, New Hampshire State Archives - Letter From William Merchant Richardson To Josiah Butler, Dec. 7, 1816 Dec 1816

Collection Of Personal Papers, Document Case 5035, Folder 37, New Hampshire State Archives - Letter From William Merchant Richardson To Josiah Butler, Dec. 7, 1816

Documents from Making Habeas Work: A Legal History (monograph)

Hodsdon ... had his lawyer, William Merchant Richardson (who had by now become Chief Justice), write a letter to State Representative (later Congressman) Josiah Butler, who had formerly clerked in his office.


From New Orleans, Dartmouth Gazette, May 31, 1815 At 4 May 1815

From New Orleans, Dartmouth Gazette, May 31, 1815 At 4

Documents from Making Habeas Work: A Legal History (monograph)

A contemporaneous report of habeas corpus and the actions of Gen. Jackson in New Orleans.


Trial Of General Jackson, Concord Gazette, May 23, 1815 May 1815

Trial Of General Jackson, Concord Gazette, May 23, 1815

Documents from Making Habeas Work: A Legal History (monograph)

A contemporaneous report of habeas corpus and the actions of Gen. Jackson in New Orleans.


From New-Orleans, The Farmer’S Cabinet, May 22, 1815 At 1 May 1815

From New-Orleans, The Farmer’S Cabinet, May 22, 1815 At 1

Documents from Making Habeas Work: A Legal History (monograph)

A contemporaneous report of habeas corpus and the actions of Gen. Jackson in New Orleans.


In Re Hodsdon, Strafford County Superior Court Records 1814, Folder 38, Doc. 12, New Hampshire State Archives - Affidavit Of Jeremiah Eames Apr 1814

In Re Hodsdon, Strafford County Superior Court Records 1814, Folder 38, Doc. 12, New Hampshire State Archives - Affidavit Of Jeremiah Eames

Documents from Making Habeas Work: A Legal History (monograph)

… took up his residence at [a] house [that] has been a common receptacle for Canadians and smugglers (the house of Jeremiah Eames).


To Isaac Hodsdon, The [Concord] Gazette, Apr. 5, 1814 Apr 1814

To Isaac Hodsdon, The [Concord] Gazette, Apr. 5, 1814

Documents from Making Habeas Work: A Legal History (monograph)

A long and scathing response to [Hodsdon's) account was published as Letter to the Editor, “who invested you, most noble captain, with authority to act as Judge, Jury, and Executioner, upon these men?”


Isaac Hodsdon, Letter To The Editor, To The Public, N.H. Patriot, Mar. 29, 1814, At 3. Mar 1814

Isaac Hodsdon, Letter To The Editor, To The Public, N.H. Patriot, Mar. 29, 1814, At 3.

Documents from Making Habeas Work: A Legal History (monograph)

He [Hodsdon] wrote to a newspaper several months later, he “posted sentinels at the forks and angles of roads for the purpose of detecting citizens who were in the nefarious practice of smuggling."


Capt. Hodgdon [Sic] – And Military Despotism, The [Windsor, Vt.] Washingtonian, Mar. 21, 1814 Mar 1814

Capt. Hodgdon [Sic] – And Military Despotism, The [Windsor, Vt.] Washingtonian, Mar. 21, 1814

Documents from Making Habeas Work: A Legal History (monograph)

An account of the writ of habeas corpus ordering Hodsdon to produce.the prisoners.


The Season Of Deception, N.H. Patriot6, March 8, 1814 Mar 1814

The Season Of Deception, N.H. Patriot6, March 8, 1814

Documents from Dimension II: Habeas Corpus as a Legal Remedy (article)

Rebuts claim of rival newspaper that Hodsdon was guilty of military despotism.


Highly Interesting Communication, The Concord Gazette, Mar. 1, 1814 Mar 1814

Highly Interesting Communication, The Concord Gazette, Mar. 1, 1814

Documents from Making Habeas Work: A Legal History (monograph)

An account of Hodsdon's arrest and imprisonment of Charles Hanson, Sanders Welch Cooper and Charles Hall.


In Re Hodsdon, Strafford County Superior Court Records 1814, Folder 38, Doc. 1 - Application For Writ Of Habeas Corpus Feb 1814

In Re Hodsdon, Strafford County Superior Court Records 1814, Folder 38, Doc. 1 - Application For Writ Of Habeas Corpus

Documents from Making Habeas Work: A Legal History (monograph)

... “all citizens of the United States” who had “been arrested by persons claiming to act under the authority of the President of the United States,” and were being confined by Hodsdon “without colour of authority.


In Re Hodsdon, Strafford County Superior Court Records 1814, Folder 38, Doc. 1, New Hampshire State Archives - Affidavit Of Joseph Loomis Feb 1814

In Re Hodsdon, Strafford County Superior Court Records 1814, Folder 38, Doc. 1, New Hampshire State Archives - Affidavit Of Joseph Loomis

Documents from Making Habeas Work: A Legal History (monograph)

The affidavit of Joseph Loomis, a local judge,reported that he had been at the fort in January “and there saw imprisoned Austin Bissell a private citizen of the United States who has since been discharged.


In Re Hodsdon, Strafford County Superior Court Records 1814, Folder 38, Doc. 2, New Hampshire State Archives - Clerk's Endorsement Of Joseph Loomis Affidavit Feb 1814

In Re Hodsdon, Strafford County Superior Court Records 1814, Folder 38, Doc. 2, New Hampshire State Archives - Clerk's Endorsement Of Joseph Loomis Affidavit

Documents from Making Habeas Work: A Legal History (monograph)

The affidavit of Joseph Loomis, a local judge,reported that he had been at the fort in January “and there saw imprisoned Austin Bissell a private citizen of the United States who has since been discharged.


Maine Historical Society, Coll. 8, Box 1/4 - Letter From T.H. Cushing To Isaac Hodsdon (Dec. 29, 1813) Dec 1813

Maine Historical Society, Coll. 8, Box 1/4 - Letter From T.H. Cushing To Isaac Hodsdon (Dec. 29, 1813)

Documents from Making Habeas Work: A Legal History (monograph)

... General Thomas H. Cushing of the United States Army wrote from his headquarters in Boston to Captain Isaac Hodsdon … The act, laying an Embargo will justify you in stopping every person or thing which you may find in motion for the enemys country and you will not fail to make every exertion for carrying it into full and complete effect.


In Re John Lewis Connor, July 18, 1812, Pennsylvania State Archives, Habeas Corpus 1809–1812 Jul 1812

In Re John Lewis Connor, July 18, 1812, Pennsylvania State Archives, Habeas Corpus 1809–1812

Documents from Making Habeas Work: A Legal History (monograph)

In that case, the Chief Justice of the state Supreme Court directed a writ of habeas corpus to the commander of a Navy gunboat in Philadelphia harbor calling for the production of Connor. The commander responded in a return of the same date that Connor was lawfully enlisted and continued, “I have here in Court the said John Connor ... to do and be subject to, whatsoever the Court shall consider in his behalf.” On consideration of the matter the Court remanded Connor to his commander.


[Joseph Hopkinson,] Considerations On The Ablition Of The Common Law In The United States 50-58 (Philadelphia, William P. Farrand And Co. 1809) Jan 1809

[Joseph Hopkinson,] Considerations On The Ablition Of The Common Law In The United States 50-58 (Philadelphia, William P. Farrand And Co. 1809)

Documents from Making Habeas Work: A Legal History (monograph)

Some authors (Hopkinson), building on Blackstone, pointed out that statutes would inevitably require interpretation.


Supreme Court Minute Book (Entries Of Feb. 16-20, 1807) Feb 1807

Supreme Court Minute Book (Entries Of Feb. 16-20, 1807)

Documents from Making Habeas Work: A Legal History (monograph)

With the prisoners present, the Court “fully examined and attentively considered,” on an item-by-item basis, “the testimony on which they were committed,” held it insufficient, and ordered their discharge.