 |
Second Edition, Revised and Enlarged, of Pufendorf’s Law of
Nature and Nations
54. Pufendorf, Samuel von [1632-1694].
De Jure Naturae et Gentium Libri Octo. Editio Secunda, Auctior
Multo, et Emendatior. Frankfurt: Sumptibus F. Knochii, 1684.
[xxiii], 1344, [16] pp. Copperplate portrait frontispiece. Quarto
(7" x 7-3/4"). Contemporary unlettered vellum, a few minor stains,
some wear to corners, vellum has pushed through fore-edge of front
pastedown, minor edgewear to fore-edges of preliminaries, chip to
fore-edge of front free endpaper, lower corner of frontispiece
lacking with minor loss. Woodcut head-pieces, tail-pieces and
decorated initials. Light foxing, internally clean. An appealing
copy of an uncommon edition. $2,500.
* Second edition, “revised and enlarged by the author.” In 1662
Samuel Pufendorf was appointed to the first modern professorship in
natural law (at the University of Heidelberg). In 1670 he became
professor of natural law at the University of Lund in Sweden. De
Jure Naturae et Gentium is his principal work and a landmark in
the history of natural and international law. First published in
1672, it proposed a thorough system of private, public, and
international law based on natural law. Beginning with a
consideration of fundamental legal ideas and their various
divisions, Pufendorf proceeds to a discussion of the validity of
customs, the doctrines of necessity and innate human reason. It is
significant in part because it develops principles introduced by
Grotius and Hobbes. Unlike Hobbes, Pufendorf argued that peace, not
war, was the state of nature, and he proposed that international law
was not restricted to Christendom. BMC 20:1074. See
illustration below. 

Scarce Maritime Classic Praised by Story
55. Rocco (Roccus), Francesco [fl. 1655]. Ingersoll, Reed
(1786-1868).
A Manual of Maritime Law, Consisting of a Treatise on Ships and
Freight and a Treatise on Insurance. Translated from the Latin of
Roccus with Notes by Joseph Reed Ingersoll. Philadelphia:
Hopkins and Earle, 1809. [v]-xvi, [17]-156, [8] pp. Octavo (5" x
8-1/2"). Contemporary calf, blind fillets to boards, rebacked
retaining original spine, hinges repaired. Light rubbing to
extremities with minor wear to corners. Bookplate to front
pastedown. Presentation inscription to “Judge Peters/ with the
respect of/ the Translator” (Ingersoll) to front pastedown.
Offsetting to margins of endleaves, light foxing in a few places. An
appealing copy of a scarce title. $1,500.
* First and only English translation of Rocco’s treatises on
maritime law which was first published in 1655. “This manual is very
highly esteemed by commercial lawyers in all countries, for its
compressed, methodical, and accurate learning, and is a book of high
authority.” Marvin 616. “[Roccus’] works are of more practical use
to an English lawyer, than all the other maritime works [with one
exception]... Lord Mansfield is under no inconsiderable obligation
to them.”: Joseph Story, “Literature of Maritime Law,” in The
Miscellaneous Writings of Joseph Story 108-109. Cohen 1610. 
Rare Titles on Commercial Law, Contracts and Estates
56. Schettini, Josephi (Schierrini, Giuseppe) [d. ca. 1700].
De Jure Offerendi Creditori, Et in Ejus Locum Succedendi,
Tractatus Absolutissimus; In Quo Frequentiores Juris Articuli, Et
Quaestiones ad Materiam Pertinentes, Ac ad Praxim Accommodatae,
Facili Methodo, & Rerum Judicatarum Exemplis, Enucleantur. Opus
Omnibus Juris Utriusque Professoribus, & in Curiarum Subselliis
Causas Agentibus, Maxime Utile, ac Necessarium; Cui Accesserunt
Enodationes ad Ornatum 1. 3. C. de Novationibus Additis Nonnullis
Recentissimis Sacrae Rotae Romanae Decisionibus ad Materiam Juris
Offerendi Spectantibus. [viii], 205, [13]; [2], 64, [20] pp.
Leaf containing pp. 95-96, the final page of Part I, lacking.
[And]
De Tertio Veniente ad Causam Ante, et Post Sententiam Tractatus
Absolutissimus; in Quo Quaestiones Variae ad Materiam Pertinentes,
Ac ad Praxim Accommodatae, Facili Methodo, & Rerum Judicatarum
Exemplis, Enucleantur.
[iv], 5-176, [8] pp.
[And]
Tractatus De Pactis Successionum Tam Affirmativis, Quam Negativis;
in Quo Frequentiores Juris Articuli, Et Difficiliores Quaestiones ad
Materiam Pertinentes, Facili Methodo Enucleantur.
[viii], 260 [12] pp.
Venice: Apud Paulum Balleonium, 1702. Three books in one, each with
title page and index. First work preceded by general half-title.
Main texts printed in double columns. Folio (9" x 13"). Contemporary
limp vellum, early hand-lettered title in bold hand, ties lacking. A
few minor stains, light wear to extremities, hinges cracked but
secure, vellum beginning to break though each pastedown. Title page
of first work printed in red and black, attractive woodcut
head-pieces, tail-pieces and decorated initials throughout.
Occasional faint dampstaining, partial split near center of text
block. Occasional brief annotations in fine contemporary hand,
interior otherwise clean. An appealing copy of three rare titles.
$1,500.
* Three rare treatises dealing with commercial law, estates and
contracts. Little is known about Schettini/Schierrini. The title
pages of these works indicate he was a canon lawyer who was active
in Calabria. The first work appears to be second edition. KVK
locates 1 copy of this edition and 1 copy of the 1695 edition of
De Jure Offerendi. OCLC locates 1 copy of the 1702 edition. Not
in the BMC or other standard references. See illustration
below. 

An Important American Treatise on Domestic Law
57. Schouler,
James [1839-1920].
A Treatise on the Law of Domestic Relations; Embracing Husband
and Wife, Parent and Child, Guardian and Ward, Infancy, and Master
and Servant. Boston: Little, Brown and Company, 1889. lxxiv, 773
pp. Octavo (6" x 9"). Contemporary law calf, red and black lettering
pieces, blind-stamped frames to boards. Light rubbing with minor
wear to extremities, a few minor scuffs to boards, front hinge
cracked but secure. Offsetting to margins, interior otherwise
fresh. $250.
* Fourth edition. First published in 1870, this treatise went
through several editions and revisions. A standard work for decades,
it was expanded into a multi-volume set in 1921 by Arthur W.
Blakemore. Catalogue of the Library of the
Harvard Law School
(1909) II: 534. A Catalogue of the Law Collection at
New York University
(1953) 755. 

The First
Major English Text on International Law
58. Selden,
John [1584-1654].
Mare Clausum seu de Domino Maris Libri Duo. Primo, Mare, ex Jure
Naturae Seu Gentium, Omnium Hominum non Esse Commune, Sed Dominii
Privati seu Proprietatis Capax, Pariter ac Tellurem, Esse
Demonstratur. Secundon, Serenissimum Magnae Britannieae Regem Maris
Circumflui, ut Individuae Atque Perpetuae Imperii Britannicic
Appendicis, Dominum Esse, Asseritur.
London: Excudebat Will. Stanesbeius, pro Richard Meighen, 1635.
[xxvi], 304, [12], [1] pp. Copperplate map, woodcut map, six woodcut
text illustrations. Folio (7" x 10-3/4"). Recent morocco, endpapers
renewed, bound without the preliminary blank, first and final leaves
reinforced along margins. Title page printed in red and black,
contemporary ownership signature on title of J. Knight and
marginalia in the same hand. Ex-library. Gilt location number to
foot of spine, bookplate to front pastedown, small inkstamps to
verso of title page and head of following leaf, faint large embossed
stamp to rear board. An attractive, crisp copy. $2,500.
* First edition of Selden’s famous refutation of Grotius’s Mare
Liberum, which denied the validity of England’s claim to the
high seas south and east of England. The first book argues that,
according to the law of nature or nations, the sea may become
private dominion and property, just like land. The second book
maintains that the lordship of the circumfluent and surrounding
ocean belongs to the Crown of Great Britain, as an inseparable and
perpetual appendage. “Selden based his treatise on the positive
practice of his day. He stated the law as he found it. Like all the
works of Selden, the book is of tremendous erudition.... It is not
like Grotius’s work, based on large philosophical principles, but it
exhibits a vast historical knowledge, and is fortified at every
point with authority from record, statute, case-book and chronicle.
It abounds in quotations, relevant and irrelevant, from authors,
well known and less well known, in a variety of languages.”:
Fletcher, John Selden 1584-1654 (Selden Society Lecture,
1969) 10-11. Sweet & Maxwell 1:514 (91). See illustration below. 

16th Century
Printing of
St. Germain’s
Doctor and Student
59. [St.
Germain, Christopher].
The Dialoges
in English, Between a Doctor of Divinity, and a Student in the Lawes
of England. Newly Corrected and Imprinted, with New Additions.
[London]: [Richard Tottell], [1580]. [i], [2]-176, [4] ll. Octavo
(3-3/4" x 5-3/4"). Contemporary sheep, raised bands, blind stamped.
Moderate rubbing to extremities with wear to spine ends and corners,
a few wormholes, hinges starting. Endpapers loose, printer’s waste
at rear. Title printed within woodcut architectural border. Some
worming to margins, lower right hand corner of one leaf missing, no
loss to text. Annotations to last leaf, interior otherwise clean.
Ex-library. Bookplate to front pastedown. A solid copy. $3,000.
* A very important work in the development of equity, Doctor and
Student appeared in numerous editions. It was frequently cited
and influenced generations of legal writers down to Blackstone and
later. St. Germain criticizes legal rules, and elucidates the law of
reason and nature, as well as the foundations of the common law.
OCLC locates 5 copies of this edition. Beale T478. See illustration below. 

Appealing Copy of Staunford’s
Plees
and Kinges Prerogative
60.
Staunford, Sir William [1509-1558].
Les Plees del Coron. [London]: In Aedibus Richardi Tottel,
1567. [xiv] pp., 198 fols.
[Bound with]
An Exposicion
of the Kinges Prerogative: Collected Out of the Great Abridgement of
Iustice Fitzherbert and Other Olde Writers of the Lawes of Englande.
Whereunto is Annexed the Proces to the Same Prerogative
Appertaining.
[London: Richard Tottel], 1568. [i], 85 fols.
Quarto
(5-1/4" x 7-1/4"). Later (nineteenth-century?) three-quarter calf
over pebbled cloth, raised bands, blind ornaments and lettering
pieces to spines. Rubbing with some wear to rear joint and corners,
front joint starting, some chipping to head of spine, rear hinge
just starting near foot, partial crack between front endleaf and
title page. Title page of Plees has an attractive woodcut
historiated border. Clean tear to a leaf with no loss to text.
Biography of Staunford copied from Wood’s Athenae Oxonienses
(1721 ed.) in fine hand to both sides of front endleaf. Two early
signatures in miniscule hand to title page of Plees, a few
brief annotations to text. Light soiling to preliminaries and verso
of final index leaf, interior otherwise fresh. Appealing copies of
two uncommon, and important, titles. $2,500.
* Third edition of Plees and second edition of Kinges
Prerogative. First published in 1557, Staunford’s Plees
is considered a “principal book” by Pollock and Maitland, one that
enables us “to trace our modern laws of crimes, from the later
middle ages onwards.” Based on Bracton and the Year Books,
Staunford’s treatise is divided into three parts. The first treats
offences, the second treats jurisdiction, appeals, indictments, and
defenses. The third addresses trials and convictions. Plees
was written after Staunford was appointed judge of the common pleas
in 1554. Exposicion of the Kinges Prerogative was first
published in 1567. It addresses discretionary rights enjoyed by the
monarchy in foreign policy, domestic affairs, legal and governmental
administration, religion and economic matters. Pollock and Maitland,
The History of English Law II:448. Sweet & Maxwell 1:119,
365. See illustration below. 

61. Story, W[illiam] W[etmore] [1819-1895].
A Roman Lawyer in
Jerusalem: First Century.
Boston: Banner of Light Publishing Co., 1903. 32 pp. 5" x 7-1/2"
pamphlet. Original printed wrappers, worn and lightly browned. Light
toning to text, interior otherwise fresh. $60.
* An epic poem about the betrayal and trials of Christ by Joseph
Story’s son. A true “Renaissance man” who spent most of his adult
life in Rome, W.W. Story was a poet, sculptor and author of
treatises on contracts and sales that were standard works during the
nineteenth century. OCLC locates 2 copies. 
With Interesting Sections on International Law
62. Stubbe, Henry [1632-1676].
A Justification of the Present War. Against the United
Netherlands, Wherin The Declaration of His Majesty is Vindicated,
And the War Proved to be Just, Honourable, and Necessary. The
Dominion of the Sea Explained, And His Majesties Rights Thereunto
Asserted. The Obligation of the Dutch to England, And Their
Continual Ingratitude Illustrated with Sculptures, In Answer to a
Dutch Treatise Entituled, Considerations Upon the Present State of
the United Netherlands.
London: Printed for Henry Hills and John Starkey, 1673. [viii], 80
pp. Two folding plates, third plate lacking.
[Bound with]
Stubbe, Henry.
A Further Justification of the Present War Against the United
Netherlands: Illustrated with Several Sculptures. By a Lover of the
Honour and Welfare of Old England.
London: Printed for Henry Hills and John Starkey, 1673. [xxiv], 136
[i.e. 166] pp. Two plates, three plates lacking.
Quarto (5-3/4" x 7"). Nineteenth-century quarter calf over marbled
boards, gilt fillets and titles to spine. Moderate rubbing with some
wear to spine and corners, crack between front free endpaper and
title page, another at rear of text block. Faint dampstaining to
portions of text, foxing to a few leaves, wear to fore-edge title
page, a few leaves and a plate with no loss to text or image. Owner
signature to head of title page in fine hand, interior otherwise
clean. $1,500.
* First title, second edition; second title, first edition. Stubbe’s
two works defended the deeply unpopular Anglo-Dutch War of 1672-74,
which was waged by Charles II in alliance with the French. Charles’s
primary goal was the destruction of a rival sea-borne commercial
power, but most Britons felt he was determined to promote Catholic
interests by destroying the Protestant Dutch Republic. Though
clearly works of propaganda, Stubbs’s books contain excellent
discussions of the principles of international law relating to the
history of the Anglo-Dutch conflict. The sections of Dutch interests
in the Americas are especially interesting. Wing, Short-Title
Catalogue of Books Printed in
England, Scotland, Ireland, Wales and British America
S6046, S6051. 

Interesting Treatise on Maritime Law Praised by Joseph Story
63. Targa, Carlo.
Ponderazioni Sopra le Contrattazioni Marittime, Colla Giunta
Delle Leggi Navali, e
Del Gius Navali de’ Rodii Gre. Lat. Degli Statuti Degli Ufiziali di
Sicurta Della Citta di Firenze.
Nuova Edizione Ricorretta, e Illustrata. Livorno: Nella Stamperia di
Gio. Paolo Fantechi e Compagni, 1755. [vi], vi-xii, 368, [2],
iii-vi, 38, [2], 39-59 pp. Three works with one, each with title
page. Quarto (6-1/2" x 8-3/4"). Contemporary vellum, “Targa” in
early hand to head of spine, speckled edges. Corners lightly bumped,
tiny scuff to front board, a few tiny worm holes to joints and
hinges. Attractive copperplate vignettes to title pages, handsome
woodcut head-pieces, tail-pieces and decorated initials. Early owner
signature to front endleaf, interior notably fresh. A desirable copy
of an uncommon title. $1,850.
* An enlarged later edition of an interesting treatise on maritime
law, contracts and insurance. The main text is followed by a
critical edition of the Rhodian Sea Law (in Greek with a parallel
Latin text), which was compiled between 600-800 CE, and the complete
text of the Florentine insurance statutes, which were enacted in
1529. Joseph Story held this work in high regard: “We had almost
forgotten to speak of an author who was a countryman and
contemporary of Casaregis, and is often cited by him with great
respect and approbation. We allude to Targa, who, in his Reflections
on Maritime Contracts has drawn from the civil and canon law, the
Consolato del Mare, the usages of maritime nations, and preceding
writers, the most useful learning on all the subjects of maritime la
except insurance; and has adapted his work to practice by collecting
the forms of the various contracts, with hints for their proper
application. He is generally esteemed as an industrious and correct
author; but his fame seems lost in the superior blaze of his
illustrious countryman.”: “Literature of the Maritime Law” (1818)
reprinted in The Miscellaneous Writings of Joseph Story, ed.
William W. Story 111-112. Story owned a copy of this edition. See
Hoeflich and Beck, Catalogues of Early American Law Libraries:
The 1846 Auction Catalogue of Joseph Story’s Library 51. Not in
Kress, Goldsmiths’ or Einaudi. This edition not in the BMC.
KVK locates 9 copies of this edition, 12 of all editions. See
illustration below. 

Executors and Administrators
64. Toller, Sir Samuel.
The Law of Executors and Administrators.
Philadelphia: Published by Thomas Desilver, 1824. xxxvii, 584 pp.
Octavo (5" x 8"). Contemporary calf, red and black lettering pieces.
Moderate wear to boards and edges, chipping to spine ends, boards
just beginning to separate from spine but still secure. Early owner
signatures to front pastedown and title page, interior otherwise
clean. $150.
* Second American from the Fifth London Edition. Sir Samuel Toller’s
work on the law of executors and administrators was originally
published in 1800. Its final (seventh) edition was published in
1838. A popular treatise, it was esteemed for its brevity, clarity
and clear organization. It remained the standard text until the
publication of Williams’s treatise on executors in 1832. Cohen 4662 
65. [Trial]. Congdon, George W., Defendant.
The Trial of George W. Congdon for the Murder of Christopher
Wilcox. Providence, RI: Sidney S. Rider, 1884. [iv], 176 pp.
Octavo (6" x 10"). Original printed wrappers, front cover and first
two signatures detached, light soiling to covers, chipping to edges
of some leaves, most signatures unopened. $65.
* “The shooting, which took place at Warwick, Rhode Island, was the
culmination of a dispute over a quantity of scallop shells which had
lead to a law suit. Congdon was convicted of manslaughter.”: McDade
209. 
“This is an Interesting Case”: McDade
66. [Trial]. Harris, Mary, Defendant. Clephane, James O., Reporter.
Official Report of the Trial of Mary Harris, Indicted for the
Murder of Adoniram J. Burroughs, Before the Supreme Court of the
District of Columbia, (Sitting as a Criminal Court,) Monday, July 3,
1865.
Washington, DC: W.H. & O.H. Morrison, 1865. [iv], [5]-181 pp. Octavo
(5-1/2" x 8-3/4"). Disbound stab-stitched pamphlet. Binding secure,
portion lacking from title page along spine with no loss of text.
Toning to text, some soiling to title page and rear endleaves. A
solid copy of an uncommon title. $450.
* Only edition. “Burroughs was, by any standard, a cad who tried to
entice his fiancee to a house of assignation for the purpose of
compromising her and thus breaking off the engagement. He then
married another, and Miss Harris followed him to Washington and shot
him in a corridor of the Treasury Building. Burroughs’ brother was
the president of the University of Chicago, and he took an active
part in the prosecution of the case. Mrs. Abraham Lincoln sent
flowers to Miss Harris while in jail. She was acquitted. This is an
interesting case.”: Mc Dade 445. OCLC locates 31 copies. See
illustration below. 

The San Jose College Case
67. [Trial]. [San Jose College Case].
The San Jose College Case in the Supreme Court of the Philippine
Islands: T.H. Pardo de Tavera, Louis M. Maus, Leon M. Guerrero,
Manuel Gomez Martinez, and Frank S. Bourns, Trustees of the College
of San Jose, Plaintiffs, Versus, The Holy Roman Apostolic Catholic
Church, Represented by the Most Reverened Archbishop of Manila, The
Most Reverend Archbishop of New Orleans, Apostolic Delegate, And
Raymundo Velasquez, Rector of the University of Santo Tomas,
Defendants. The English Record of the Pleadings and Evidence.
Translated from the Official Spanish Record by Fred. C. Fisher,
Clerk of the Supreme Court of the Philippine Islands. [Manila:
National Government Publication, 1902]. 519 pp. Recent cloth,
endpapers renewed. Toning, light wear to edges of a few leaves,
internally clean. Quite uncommon. $600.
* The San Jose College Case was a controversy between the United
States and the Roman Catholic Church for control of the College of
San Jose (now the University of San Jose), which was founded by the
Jesuits 1601. It was a complicated case involving claims under
Spanish, Canon, Philippine and U.S. law. OCLC locates 6 copies. 
Filipino Brief Relating to the San Jose College Case
68. [Trial]. [San Jose College Case]. Calderon, Felipe G.
The
College of San Jose. Refutation of the Claims Advanced in Their
Statements by the Delegate of H.H. and the Archbishop of Manila,
Presented to the United States Philippine Commission.
Manila: Printed by La Democracia, 1900. 90 pp. Stab-stitched
pamphlet in printed wrappers, some wear to spine ends and corners,
internally clean. Ex-library. Small inkstamps to wrappers. $150.
* Calderon was a Filipino attorney. OCLC locates 6 copies. 
Papal Brief Relating to the San Jose College Case
69. [Trial].
[San Jose College Case]. Chapelle, Rev. P[lacide] L[ouis].
St.
Joseph’s College of Manila. Statement of His Excellency the Most
Rev. P.L. Chapelle.
[Manila, Sn, 1900]. 64 pp. Stab-stitched pamphlet in original
printed wrappers, some shelfwear to spine ends and top corner,
internally clean. A well-preserved copy of a scarce item. $150.
* Text on English and Spanish on facing pages. Chapelle, a canon
lawyer, was the apostolic delegate who represented the Church. OCLC
locates 4 copies. 
Notable Rape and Murder Trials
70. [Trials]. Calvert, Frederick, Defendant. Gurney, Joseph
[1744-1815], Reporter.
The Trial of Frederick Calvert, Esq; Baron of
Baltimore, in the Kingdom of Ireland, For a Rape on the Body of
Sarah Woodcock; And of Eliz. Griffinburg, and Ann Harvey, Otherwise
Darby, As Accessories Before the Fact, for Procuring, Aiding and
Abetting Him in Committing the Said Rape. At the Assizes held at
Kingston, for the County of Surry, On Saturday, the 26th of March,
1768. Before the Hon. Sir Sydney Stafford Smyth, Knt. One of His
Majesty’s Court of Exchequer.
Published by Permission of the Judge. Taken in Short-Hand. London:
Printed for William Owen, 1768. [ii], 74 pp.
[Bound with]
Gurney, Joseph, Reporter.
The Trial of John Donellan, Esq. For the Willful Murder of Sir.
Theodosius Edward Allerley Boughton, Bart. at the Assize of
Warwick On Friday, March 30th, 1781. Before the Honorable Francis
Buller, Esq. One of the Justices of the King’s Bench. Taken in
Short-Hand.
London: Sold by George Kearsley and Martha Gurney, 1781. 58 pp.
[Bound with]
Westminster, Monday, 30th June, 1823. In the King’s Bench. William
Beer and Rebecca his Wife, Lawrence Dundas Henry Cokburne and Mary
Teresa His Wife, and John Robert Brown Cave, and Catherine Penelope,
His Wife Versus The Reverend Richard Rowland Ward. On an Issue
Directed by the Court of Chancery, Tried Before the Lord Chief
Justice Abbott, and A Special Jury.
[London: Printed by W. Milineux, n.d.]. 319 pp., two folding tables,
index.
Folio (9" x 14"). Contemporary three-quarter calf over marbled
boards, gilt-edged raised bands and title to spine. Moderate rubbing
with wear to joints and corners, chip to head of spine, a few scuffs
to boards. Early signature to front pastedown, occasional foxing,
browning and inkstains. Brief notations in pencil to a few leaves,
interior otherwise clean. $1,500.
* First edition: Calvert; third edition: Donellan; edition unknown,
Beer. This volume contains accounts of two of the most exciting
English trials of the eighteenth century. Calvert led a colorful and
scandal-prone life. He was the father of several illegitimate
children. And while living in Constantinople, it was rumored that he
had a private harem. In 1768 he was accused of abduction and rape by
Sarah Woodcock. His reputation preceded his court appearance.
However, the jury remained objective, pondered the evidence and
acquitted him. Baltimore left England after the trial, settling in
Italy. He died in Naples in 1771, and he left the province of
Maryland to one of his illegitimate sons, Henry Harford. Captain
John Donellan coveted the estate of his brother-in-law Sir
Theodosius Boughton, who lived at Lawford Hall in Warwickshire,
England, so he poisoned his host with essence of laurel water in
1780. Though it is possible that his mother-in-law and a maid were
involved, Donellan was the only person tried. He was convicted and
hanged at Warwickshire in 1781. The final trial involves an
inheritance claim. The plaintiffs intended to show that the heir was
not entitled to the estate because he was illegitimate. OCLC locates
18 copies of the Calvert trial, 27 of the Donellan trial and none of
Beer. HLC II:1032, 1015, 1064. See illustration below.


With a Catalogue of Racist and
Anti-Reconstruction Publications
71. Upshur, Abel Parker [1791-1844]. Burr, Chauncey, Editor.
The Federal Government: Its True Nature and Character; Being a
Review of Judge Story’s Commentaries on the Constitution of the
United States. With an Introduction, And Copious Critical and
Explanatory Notes. New York: Van Vrie, Horton & Co., 1868. xvi,
[17]-242, [6] pp. Includes six pages of publisher advertisements.
Octavo (5" x 7"). Original cloth, blind frames to boards, gilt title
to spine. Rubbing to extremities with some wear to spine ends and
corners, fading to spine, some spotting to boards. Light foxing in a
few places, interior otherwise fresh. $250.
* Originally published as a pamphlet in 1840, this was a refutation
of the nationalistic theory of the Constitution advanced by Story.
It was reprinted in 1863 by radical Northern Democrats (Copperheads)
to promote the political philosophy of the Confederacy. This 1868
reissue intended to promote opposition to Reconstruction and the
enfranchisement of African-Americans. The publisher advertisements
at the rear of this edition promote a variety of racist and
anti-Reconstruction publications, such as “The Negro’s Place in
Nature,” “Abolition is National Death” and The Old Guard: A
Monthly Magazine Devoted to Literature, Science and Art, And the
Political Principle son 1776-1860. Upshur, a Virginia judge and
politician, was a prominent and spokesman for the states-rights,
pro-slavery southern conservative ideology. He was Secretary of the
Navy and Secretary of State under President Tyler. Dictionary of
American Biography 126. 

Romanticism and International Law
72. Ward, Robert [1765-1846].
An Enquiry Into the Foundation and History of the Law of Nations
in
Europe, From the Time of the Greeks and Romans to the Age of
Grotius.
Dublin: Printed by P. Wogan, P. Byrne, W. Jones and J. Rice, 1795.
Two volumes. Octavo (5" x 8"). Recent period-style quarter calf over
cloth, raised bands and lettering pieces to spines, endpapers
renewed. Light toning or foxing to a few leaves, interiors otherwise
fresh. A desirable set in attractive bindings. $950.
* Reissue of the first London edition, 1795. Since the seventeenth
century the law of nations was dominated by the theory of natural
law, which posited the existence of legal principles shared by all
ages, places and peoples. This theory shaped the work of such major
jurists as Grotius, Pufendorf and Selden. It was enshrined during
the eighteenth century by advocates of the Enlightenment. Ward
rejected this theory. A Romantic, he had no use for universal
systems. Instead, he appreciated the uniqueness of cultures and the
differences between the past and the present. One of the first to
apply Romantic ideas to the subject, he treated the law of nations
as a malleable concept that changed considerably since antiquity.
Sweet & Maxwell 1:598. See illustration below. 

“An Able and Learned Little Treatise”
73. Worthington, George.
A General Precedent for Wills, with Practical Notes.
Philadelphia: T. & J.W. Johnson, 1848. iii, 307 pp. Octavo (5-1/2" x
9"). Recent buckram. black-stamped title to spine, endpapers
renewed. Light foxing in a few places, interior otherwise fresh.
$100.
* Only American edition, from the fourth London edition, to which it
is star-paged. It was also issued by Johnson as Volume 60 of The
Law Library. “The separate clauses of wills are given, and each
are explained and illustrated with notes. The notes are full, and
amount, in fact, to an able and learned little treatise on the law
of wills.” Jurist cited in Marvin, Legal Bibliography
(1847) 749. OCLC locates 31 copies of this edition. Cohen 4737. 
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