<fn31>
[*257] William Goodell, Views of American Constitutional Law, in Its Bearing upon American Slavery (Utica-. Jackson &
Chaplin, 1844). A second and revised edition, which I have used here, was published in 1845 at Utica by Lawson & Chaplin. <fn32> [*257] Lysander Spooner,
The Unconstitutionality of Slavery (1845). 1 used the 4th ed. (Boston: Beta Marsh, 1960). The first and second editions (the latter 1847) consisted only of what was called "Part I" in subsequent
editions. The third (1853) and fourth (1860), contained a "Part II," which was an elaboration of some of the points made in Part 1, and which seems to have been drafted in response to Wendell Phillips'
Review of Spooner.<fn33> [*257] For estimates of his place in American reform, see Perry, Radical Abolitionism, 194-208; James J. Martin, Men against the State: The
Expositors of Individualist Anarchism in America, 1827-1908 (Colorado Springs: Myles, 1970), ch. vii; and A. John Alexander, "The Ideas of Lysander Spooner," New Eng. Q., 23 (1950), 200-217.
<fn34>
[*258] Spooner to George Bradburn, 30 Jan. 1847, in Lysander Spooner Papers, N-YHS.<fn35>
[*258] [Lysander Spooner], "Has Slavery in the United States a Legal Basis?"
Mass. Q. Rev., 1 (1848), 145-168, 274-293. These articles will henceforth be cited: [Spooner], "Legal Basis." The attribution to Spooner is made by Charles M. Haar, The Golden Age of
American Law (New York: Braziller, 1965), 271. However, Merton L. Dillon, in The Abolitionists: The Growth of a Dissenting Minority (DeKalb: Northern Blinois Univ. Press, 1974), 217, attributes the articles
to Richard Hildreth. For our purposes, it does not matter which of these attributions is correct.<fn36>
[*258] Lysander Spooner, A Defense for Fugitive Slaves, against the Acts of
Congress of February 12, 1793 and September 18, 1850 . . . (Boston: Bela Marsh, 1850).<fn37> [*258] Lysander Spooner, An Essay on the Trial by Jury (Boston: John P. Jewett,1852).<fn38>
[*258] Letter of Gerrit Smith to S. P. Chase, on the Unconstitutionality of Every Part of American Slavery (Albany: S. W. Green, 1847).
<fn39> [*259] James G. Bimey, "Can Congress, under the Constitution, Abolish Slavery in the States?"
Albany Patriot, 12, 19, 20, 22 May 1847, reprinted in tenbroek, Equal under Law, app. C., 296- 319. All citations to this series below will be in this form: Birney, "Can Congress," with the
page citation being to tenbroek, Equal under Law.<fn40>
[*259] Joel Tiffany, A Treatise on the Unconstitutionality of American Slavery; Together with the Powers and Duties of Federal Government in
Relation to that Subject(Cleveland: J. Calyer, 1849). |
