Manual On Liberty

8/13/2019 Manual On Liberty

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On Liberty

by John Winthrop

n 1645, while he was deputy-governor of Massachusetts, John Winthrop and his fellow-magistrates

terfered in a local election of a militia officer. When the dispute flared into a war of words, the

agistrates bound over some of the dissidents to the next court and summoned others to appear. In th

ntroversy the magistrates were accused of having exceeded their powers, and Winthrop was

mpeached. After a controversy of almost three months Winthrop was fully acquitted and some of hipponents fined. It was after this test and vindication that Winthrop made his famous "little speech" h

uoted.]

uppose something may be expected from me, upon this charge that is befallen me which moves me

eak now to you; yet I intend not to intermeddle in the proceedings of the court or with any of the

rsons concerned therein. Only I bless God that I see an issue of this troublesome business. I also

knowledge the justice of the court, and, for mine own part, I am well satisfied, I was publicly charg

d I am publicly and legally acquitted, which is all I did expect or desire. And though this be suffici

r my justification before men, yet not so before the God, who hath seen so much amiss in my

spensations (and even in this affair) as calls me to be humble. For to be publicly and criminally cha

this court is matter of humiliation (and I desire to make a right use of it), notwithstanding I be thusquitted. If her father had spit in her face (saith the Lord concerning Miriam), should she not have b

hamed seven days? Shame had lien upon her, whatever the occasion had been. I am unwilling to st

ou from your urgent affairs, yet give me leave (upon this special occasion) to speak a little more to t

sembly. It may be of some good use, to inform and rectify the judgments of some of the people, an

ay prevent such distempers as have arisen amongst us. The great questions that have troubled the

untry are about the authority of the magistrates and the liberty of the people. It is yourselves who hlled us to this office, and, being called by you, we have our authority from God, in way of an

dinance, such as hath the image of God eminently stamped upon it, the contempt and violation whe

th been vindicated with examples of divine vengeance. I entreat you to consider that, when you ch

agistrates, you take them from among yourselves, men subject to like passions as you are. Therefor

hen you see infirmities in us, you should reflect upon your own, and that would make you bear the

ore with us, and not be severe censurers of the failings of your magistrates, when you have continuperience of the like infirmities in yourselves and others. We account him a good servant who break

ot his covenant. The covenant between you and us is the oath you have taken of us, which is to this

urpose: that we shall govern you and judge your causes by the rules of God's laws and our own,

cording to our best skill. When you agree with a workman to build you a ship or house, etc., hendertakes as well for his skill as for his faithfulness, for it is his profession, and you pay him for bot

ut when you call one to be a magistrate, he doth not profess nor undertake to have sufficient skill fo

at office, nor can you furnish him with gifts, etc., therefore you must run the hazard of his skill and

ility. But if he fail in faithfulness, which by his oath he is bound unto, that he must answer for. If it

ut that the case be clear to common apprehension, and the rule clear also, if he transgress here, the e

not in the skill, but in the evil of the will: it must be required of him. But if the case be doubtful, or

le doubtful, to men of such understanding and parts as your magistrates are, if your magistrates shor here, yourselves must bear it.

ohn Winthrop: On Liberty

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or the other point concerning liberty, I observe a great mistake in the country about that. There is a

wofold liberty, natural (I mean as our nature is now corrupt) and civil or federal. The first is commo

an with beasts and other creatures. By this, man, as he stands in relation to man simply, hath liberty

o what he lists; it is a liberty to evil as well as to good. This liberty is incompatible and inconsistent

thority and cannot endure the least restraint of the most just authority. The exercise and maintaininis liberty makes men grow more evil and in time to be worse than brute beasts: omnes sumus licent

teriores.This is that great enemy of truth and peace, that wild beast, which all of the ordinances of

od are bent against, to restrain and subdue it. The other kind of liberty I call civil or federal; it may termed moral, in reference to the covenant between God and man, in the moral law, and the politic

venants and constitutions amongst men themselves. This liberty is the proper end and object of

thority and cannot subsist without it; and it is a liberty to that only which is good, just, and honest.

berty you are to stand for, with the hazard (not only of your goods, but) of your lives, if need be.

hatsoever crosseth this is not authority but a distemper thereof. This liberty is maintained and exer

a way of subjection to authority; it is of the same kind of liberty wherewith Christ hath made us fre

he women's own choice makes such a man her husband; yet, being so chosen, he is her lord, and sh

be subject to him, yet in a way of liberty, not of bondage; and a true wife accounts her subjection honor and freedom and would not think her condition safe and free but in her subjection to her husba

thority. Such is the liberty of the church under the authority of Christ, her king and husband; his yoso easy and sweet to her as a bride's ornaments; and if through forwardness or wantonness, etc., sh

ake it off, at any time, she is at no rest in her spirit, until she take it up again; and whether her lord

miles upon her and embraceth her in his arms, or whether he frowns, or rebukes, or smites her, she

prehends the sweetness of his love in all, and is refreshed, supported, and instructed by every such

spensation of his authority over her. On the other side, ye know who they are that complain of this

oke and say, Let us break their bands, etc.; we will not have this man to rule over us. Even so, breth

will be between you and your magistrates. If you want to stand for your natural corrupt liberties, an

ill do what is good in your own eyes, you will not endure the least weight of authority, but will

urmur, and oppose, and be always striving to shake off that yoke; but if you will be satisfied to enjoch civil and lawful liberties, such as Christ allows you, then will you quietly and cheerfully submitnto that authority which is set over you, in all the administrations of it, for your good. Wherein, if w

il at any time, we hope we shall be willing (by God's assistance) to hearken to good advice from an

ou, or in any other way of God; so shall your liberties be preserved in upholding the honor and pow

thority amongst you.

ext Version| Liberty Library| Home| Rendered into HTML by Jon Rolandof the Constitution Soc

ohn Winthrop: On Liberty

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3/19

Liberty

John Winthrop

n 1645, while he was deputy-governor of Massachusetts, John Winthrop

d his fellow-magistrates had interfered in a local election of a

litia officer. When the dispute flared into a war of words, the

gistrates bound over some of the dissidents to the next court and

mmoned others to appear. In this controversy the magistrates were

cused of having exceeded their powers, and Winthrop was impeached.

ter a controversy of almost three months Winthrop was fully acquitted

d some of his opponents fined. It was after this test and vindication

at Winthrop made his famous "little speech" here quoted.]

suppose something may be expected from me, upon this charge that is

fallen me which moves me to speak now to you; yet I intend not to

termeddle in the proceedings of the court or with any of the persons

ncerned therein. Only I bless God that I see an issue of this

oublesome business. I also acknowledge the justice of the court, and,

r mine own part, I am well satisfied, I was publicly charged, and I am

blicly and legally acquitted, which is all I did expect or desire. And

ough this be sufficient for my justification before men, yet not sofore the God, who hath seen so much amiss in my dispensations (and

en in this affair) as calls me to be humble. For to be publicly and

iminally charged in this court is matter of humiliation (and I desire

make a right use of it), notwithstanding I be thus acquitted. If her

ther had spit in her face (saith the Lord concerning Miriam), should

e not have been ashamed seven days? Shame had lien upon her, whatever

e occasion had been. I am unwilling to stay you from your urgent

fairs, yet give me leave (upon this special occasion) to speak a

ttle more to this assembly. It may be of some good use, to inform and

ctify the judgments of some of the people, and may prevent such

stempers as have arisen amongst us. The great questions that have

oubled the country are about the authority of the magistrates and the

berty of the people. It is yourselves who have called us to thisfice, and, being called by you, we have our authority from God, in way

an ordinance, such as hath the image of God eminently stamped upon

, the contempt and violation whereof hath been vindicated with

amples of divine vengeance. I entreat you to consider that, when you

oose magistrates, you take them from among yourselves, men subject to

ke passions as you are. Therefore, when you see infirmities in us, you

ould reflect upon your own, and that would make you bear the more with

, and not be severe censurers of the failings of your magistrates,

en you have continual experience of the like infirmities in yourselves

d others. We account him a good servant who breaks not his covenant.

e covenant between you and us is the oath you have taken of us, which

to this purpose: that we shall govern you and judge your causes by

e rules of God's laws and our own, according to our best skill. When

u agree with a workman to build you a ship or house, etc., he

dertakes as well for his skill as for his faithfulness, for it is his

ofession, and you pay him for both. But when you call one to be a

gistrate, he doth not profess nor undertake to have sufficient skill

r that office, nor can you furnish him with gifts, etc., therefore you

st run the hazard of his skill and ability. But if he fail in

ithfulness, which by his oath he is bound unto, that he must answer

r. If it fall out that the case be clear to common apprehension, and

e rule clear also, if he transgress here, the error is not in the

ill, but in the evil of the will: it must be required of him. But if

e case be doubtful, or the rule doubtful, to men of such understanding

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d parts as your magistrates are, if your magistrates should err here,

urselves must bear it.

r the other point concerning liberty, I observe a great mistake in the

untry about that. There is a twofold liberty, natural (I mean as our

ture is now corrupt) and civil or federal. The first is common to man

th beasts and other creatures. By this, man, as he stands in relation

man simply, hath liberty to do what he lists; it is a liberty to evil

well as to good. This liberty is incompatible and inconsistent with

thority and cannot endure the least restraint of the most just

thority. The exercise and maintaining of this liberty makes men grow

re evil and in time to be worse than brute beasts: omnes sumus

centia deteriores. This is that great enemy of truth and peace, that

ld beast, which all of the ordinances of God are bent against, to

strain and subdue it. The other kind of liberty I call civil or

deral; it may also be termed moral, in reference to the covenant

tween God and man, in the moral law, and the politic covenants and

nstitutions amongst men themselves. This liberty is the proper end and

ject of authority and cannot subsist without it; and it is a liberty

that only which is good, just, and honest. This liberty you are to

and for, with the hazard (not only of your goods, but) of your lives,

need be. Whatsoever crosseth this is not authority but a distemper

ereof. This liberty is maintained and exercised in a way of subjection

authority; it is of the same kind of liberty wherewith Christ hathde us free. The women's own choice makes such a man her husband; yet,

ing so chosen, he is her lord, and she is to be subject to him, yet in

way of liberty, not of bondage; and a true wife accounts her

bjection her honor and freedom and would not think her condition safe

d free but in her subjection to her husband's authority. Such is the

berty of the church under the authority of Christ, her king and

sband; his yoke is so easy and sweet to her as a bride's ornaments;

d if through forwardness or wantonness, etc., she shake it off, at any

me, she is at no rest in her spirit, until she take it up again; and

ether her lord smiles upon her and embraceth her in his arms, or

ether he frowns, or rebukes, or smites her, she apprehends the

eetness of his love in all, and is refreshed, supported, and

structed by every such dispensation of his authority over her. On theher side, ye know who they are that complain of this yoke and say, Let

break their bands, etc.; we will not have this man to rule over us.

en so, brethren, it will be between you and your magistrates. If you

nt to stand for your natural corrupt liberties, and will do what is

od in your own eyes, you will not endure the least weight of

thority, but will murmur, and oppose, and be always striving to shake

f that yoke; but if you will be satisfied to enjoy such civil and

wful liberties, such as Christ allows you, then will you quietly and

eerfully submit unto that authority which is set over you, in all the

ministrations of it, for your good. Wherein, if we fail at any time,

hope we shall be willing (by God's assistance) to hearken to good

vice from any of you, or in any other way of God; so shall your

berties be preserved in upholding the honor and power of authority

ongst you.

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Liberty Libraryof

Constitutional Classicshe following is a list of the classic books and other works on constitutional government, which we

ther include in our collection, or plan to add.

egend: If more than one file format available, click on the button to get the indicatedrmat:

HTML | Text | Zipped WP | Adobe PDF | RTF | MS Word | Image

Library Guides Various analyses of key ideas and how they were advanced by some of

works in this collection.

1.

Code of Hammurabi(~1780 BCE) Early Mesopotamian legal code laid basis for lat

Hebraic and European law.

2.

Ancient Greek and Latin Library Selected works on ancient history, customs and law3.

Institutes, Justinian (533) The main part of the Corpus Juris Civilisthe other parts being th

Digest, Code, andNovels, which codified Roman Law. In Latin and English.

4.

Constitutions of Clarendon(1164) Established rights of laymen and the church in

England.

5.

Assize of Clarendon(1166) Defined rights and duties of courts and people in crimin

cases.

6.

Assize of Arms(1181) Defined rights and duties of people and militias.7.

Magna Carta(1215) Established the principle that no one, not even the king or a

lawmaker, is above the law.

8.

Confirmatio Cartarum(1297) United Magna Carta to the common law by declaring

that the Magna Carta could be pled in court.

9.

On the Laws and Customs of England, Henry de Bracton (1268) First codification of Engl

common law.

10.

Summa Theologica, St. Thomas Aquinas (1265-1273) Discusses foundations of law andjustice.

11.

The Declaration of Arbroath(1320) Scotland's declaration of independence from

England.

12.

The Prince, Niccolo Machiavelli (1513) Practical advice on governance and statecra

with thoughts on the kinds of problems any government must be able to solve to endure.

13.

Utopia, Thomas More (1516) Satirical analysis of shortcomings of his society and a

vision of what could be.

14.

iberty Library of Constitutional Classics

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http://www.constitution.org/tm/utopia.txthttp://www.constitution.org/tm/utopia.htmhttp://www.constitution.org/mac/prince.txthttp://www.constitution.org/mac/prince00.htmhttp://www.constitution.org/scot/arbroath.txthttp://www.constitution.org/scot/arbroath.htmhttp://www.constitution.org/eng/confir_cartarum.txthttp://www.constitution.org/eng/confir_cartarum.htmhttp://www.constitution.org/eng/magcart.jpghttp://www.constitution.org/eng/magnacar.txthttp://www.constitution.org/eng/magnacar.htmhttp://www.constitution.org/eng/assizarm.txthttp://www.constitution.org/eng/assizarm.htmhttp://www.constitution.org/eng/assizcla.txthttp://www.constitution.org/eng/assizcla.htmhttp://www.constitution.org/eng/consclar.txthttp://www.constitution.org/eng/consclar.htmhttp://www.constitution.org/grlatlib.htmhttp://www.constitution.org/ime/hammurabi.txthttp://www.constitution.org/ime/hammurabi.htmhttp://www.constitution.org/lg/guides.htm


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Discourses on Livy, Niccolo Machiavelli (1517 tr. Henry Neville 1675) Argues for th

ideal form of government being a republic based on popular consent, defended by militia.

15.

Britton, (~1530) Abridged, updated, more readable, and more widely used codification bas

on Bracton, originally in the French of the English court, reflecting changes in the law, includi

changes in juries.

16.

Relectiones, Franciscus de Victoria (lect. 1532, first pub. 1557) IncludesDe Indisan

iure belli, arguing for humane treatment of native Americans and of enemies in war. Provided

basis for the law of nationsdoctrine.

17.

In Defense of the Indians, Bartolom de Las Casas (~1548) Argues for respecting the righ

Native Americans.

18.

Six Books of the Commonwealth, Jean Bodin (~1590 tr. Richard Knolles 1606, tr. & ab

M.J. Tooley 1955) Originated modern ideas of sovereignty, the state, and citizenship.

19.

Politica, Johannes Althusius (1614) First presented a comprehensive theory of federal

republicanism based on a covenantal model of human society.

20.

The Mayflower Compact(1620) One of the first expressions of the social contract i

written form.

21.

On Laws of War and Peace, Hugo Grotius (1625) Sets out principles of natural law and thelaws of nations.

22.

The New Atlantis, Francis Bacon (1627) Utopian vision of support for scientific

research as a foundation of good government.

23.

The First Part of the Institutes of the Laws of England, Sir Edward Coke (1628) Further

codification of English common law.

24.

The Petition of Right(1628) The objectives of the reform movement that led to the

English Civil War and the deposing of Charles I.

25.

Fundamental Orders of Connecticut(1639) The first written constitution.26.

Massachusetts Body of Liberties(1641) Early written expression of the liberties

asserted by the colonists in reaction to the oppressions of European governments.

27.

A Plea for Religious Liberty, Roger Williams (1644) Early expression of the princip

of religious tolerance by the founder of the colony of Rhode Island.

28.

On Liberty, John Winthrop (1645) Discusses liberties demanded by the colonists.29.

Selected Works of the Levellers(1645-9) Militia leaders who sought legal reforms latesought by the American Revolution and embodied in the U.S. Constitution and Bill of Rights.

IncludesAn Agreement of the Free People of England, an early attempt at a republican

constitution.

30.

The Citizen, Thomas Hobbes (1641-47) Discussion of the natural law foundations of

government.

31.

Leviathan, Thomas Hobbes (1651) Laid basis for social contract theory, providing

branching point for the theories of constitutionalism and fascism.

32.


http://www.constitution.org/th/leviatha.txthttp://www.constitution.org/th/leviatha.htmhttp://www.constitution.org/th/decive.ziphttp://www.constitution.org/th/decive.htmhttp://www.constitution.org/lev/levellers.htmhttp://www.constitution.org/bcp/religlib.txthttp://www.constitution.org/bcp/religlib.htmhttp://www.constitution.org/bcp/mabodlib.txthttp://www.constitution.org/bcp/mabodlib.htmhttp://www.constitution.org/bcp/fo_1639.txthttp://www.constitution.org/bcp/fo_1639.htmhttp://www.constitution.org/eng/petright.txthttp://www.constitution.org/eng/petright.htmhttp://www.constitution.org/bacon/new_atlantis.txthttp://www.constitution.org/bacon/new_atlantis.htmhttp://www.constitution.org/bcp/mayfcomp.txthttp://www.constitution.org/bcp/mayfcomp.htmhttp://www.constitution.org/bodin/bodin.txthttp://www.constitution.org/bodin/bodin_.htmhttp://www.constitution.org/victoria/victoria.txthttp://www.constitution.org/victoria/victoria_.htmhttp://www.constitution.org/mac/disclivy.txthttp://www.constitution.org/mac/disclivy_.htm


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Selected Political Works of John Milton Includes Tenure of Kings and Magistrates(1649

andDefense of the People of England(1651).

33.

The Commonwealth of Oceana, James Harrington (1656) Outline of a plan for republic

government.

34.

Vindiciae Contra Tyrannos, "Junius Brutus" (1660) In 1683 it was ordered to be bur35.

Theologico-Political Treatise, Baruch de Spinoza (1670) Discussed the ultimate source of

legitimate political power.

36.

On the Duty of Man and Citizen According to Natural Law, Samuel Pufendorf (1673,

tr. Frank Gardner Moore) Based law and right on natural law.

37.

The Law of Nature and of Nations, Samuel Pufendorf (1674, tr. Basil Kennett 1703) Deriv

justice and the law of nations from natural law.

38.

Bacon's Declaration in the Name of the People(1676) The manifesto of a rebellion

Virginia led by Nathaniel Bacon.

39.

Political Treatise, Baruch de Spinoza (1677) Constitutional considerations of variou

forms of government, including ideas that later influenced the Founders.

40.

Habeas Corpus Act(1679) English Parliament established key right.41.

Plato Redivivus, Henry Neville (1681) Argued for limits on the powers of governme42.

Frame of Government of Pennsylvania, William Penn (1682) Early model for writ

constitutions.

43.

English Bill of Rights(1689) Early model for recognizing natural rights in writing.

Much of its language appeared later in the Declaration of Independence and U.S. Constitution

44.

Second Treatise on Government, John Locke (1689) Principal proponent of the soci

contract theory which forms the basis for modern constitutional republican government.

45.

A Letter Concerning Toleration, John Locke (1689) Classic statement of the case fo

toleration of those holding different views.

46.

A Discourse of Government with Relation to Militias, Andrew Fletcher (1698) Anal

importance of the militia to legitimate government, law enforcement, and national defense.

47.

Discourses Concerning Government, Algernon Sidney (1698) Built principles of popul

government from foundation of natural law and the social contract.

48.

Constitution of the Iroquois Confederacy A model for a federal system of governme

for several Native American nations, it influenced Franklin's proposed Albany Plan of Union.

49.

Abridgement of the Project for Perpetual Peace, Abb Charles de Saint-Pierre (1713) Plan

peace in Europe.

50.

Selected Works of Walter Moyle, (~1696-1721, pub. 1796) Includes Constitution of th

Roman State, a commentary on English constitutional issues from a Whig perspective.51.

Selections from Cato's Letters, John Trenchard and Thomas Gordon (1720-23) English

newspaper articles advocating Whig principles, which much influenced the American colonist

52.


http://www.constitution.org/cl/cato_000.htmhttp://www.constitution.org/moyle/moyle.htmhttp://www.constitution.org/cons/iroquois.txthttp://www.constitution.org/cons/iroquois.htmhttp://www.constitution.org/as/dcg_000.htmhttp://www.constitution.org/fletchr/fletchr.txthttp://www.constitution.org/fletchr/fletchr.htmhttp://www.constitution.org/jl/tolerati.txthttp://www.constitution.org/jl/tolerati.htmhttp://www.constitution.org/jl/2ndtreat.txthttp://www.constitution.org/jl/2ndtreat.htmhttp://www.constitution.org/eng/eng_bor.txthttp://www.constitution.org/eng/eng_bor.htmhttp://www.constitution.org/bcp/frampenn.txthttp://www.constitution.org/bcp/frampenn.htmhttp://www.constitution.org/neville/pla_red.txthttp://www.constitution.org/neville/pla_red_.htmhttp://www.constitution.org/eng/habcorpa.txthttp://www.constitution.org/eng/habcorpa.htmhttp://www.constitution.org/bs/poltreat.txthttp://www.constitution.org/bs/poltr-00.htmhttp://www.constitution.org/bcp/baconpeo.txthttp://www.constitution.org/bcp/baconpeo.htmhttp://www.constitution.org/puf/puf-dut.txthttp://www.constitution.org/puf/puf-dut.htmhttp://www.constitution.org/vct/vindiciae.txthttp://www.constitution.org/vct/vindiciae.htmhttp://www.constitution.org/jh/oceana.htm


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Questions of Public Law, Cornelius van Bynkershoek (1737) Develops the law of

nations and constitutional (public) law beyond Grotius and Pufendorf.

53.

An account of Denmark, as it was in the year 1692, Robert Molesworth (5th ed. 1745)

Commentary on Denmark that is really a commentary on constituitonal issues in England.

54.

The Principles of Natural and Politic Law, J. Burlamaqui (1748, tr. Thomas Nugent 17

Commentary on the natural law ideas of Grotius, Hobbes, Puffendorf, Barbeyrac, Locke,

Clarke, and Hutchinson.

55.

The Spirit of Laws, Charles de Montesquieu, (1748, tr. Thomas Nugent 1752) Laid t

foundations for the theory of republican government, particularly the concepts of the separatio

powers into legislative, executive, and judicial, a federal republic, representatives elected from

political subdivisions, a bicameral legislature, and a system of checks and balances.

56.

Selected Essays of David Hume, (1754) Includes "Idea of a Perfect Commonwealth",

which inspired the federal design of the U.S. Constitution.

57.

Albany Plan of Union, Benjamin Franklin (1754) An early model for union that laid

foundation for what would eventually become the federal union.

58.

In Defense of a Plan for Colonial Union, Benjamin Franklin (1754) Arguments in f

of the Albany Plan of Union, which was rejected as too democratic.

59.

Selected Political Works of Jean Jacques Rousseau, (1754-1772) Includes Social

ContractandA Discourse on Political Economy.

60.

The Law of Nations, Emmerich de Vattel (1758) Based constitutional and civil law o

the law of nations.

61.

Selected Works of Voltaire, (~1764) Includes The Philosophy of HistoryandA Treatise o

Toleration.

62.

The Declaration of Rights of the Stamp Act Congress(1765) Developed the conce

that people could not legitimately be taxed except by their elected representatives.

63.

The Declaratory Act(1766) The English Parliament repealed the Stamp Act, butcouldn't leave well enough alone, and adopted this statement of parliamentary supremacy over

British colonies.

64.

On Crimes and Punishments, Cesare Beccaria (1764) Set out rights of the accused in

criminal proceedings. Argues for crime prevention over punishment, and against the death penand torture.

65.

An Essay on the History of Civil Society, Adam Ferguson (1767) The evolution of

societies and their forms of government.

66.

Camden, Mansfield and the English Constitution The rivalry between two British jur

helped provoke the American Revolution and shaped the evolution of the jury system in both

Britain and the United States.

67.

Letters of Junius, Unknown (1767-72) Letters from an English Whig and ally of Lord Cam

against the efforts of Lord Mansfield to restrict the role of juries, and on other constitutional

topics.

68.


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Selected Political Works of Joseph Priestley Includes First Principles of Government(17

and Present State of Liberty(1769).

69.

The English Constitution, John Louis De Lolme (1771) Discusses separation of powers, th

jury system, and habeas corpus.

70.

The Rights of the Colonists, Samuel Adams (1772) The Report of the Committee of

Correspondence to the Boston Town Meeting.

71.

Declaration of Colonial Rights, First Continental Congress (1774) Developed theprinciples being violated by British rule.

72.

Political Disquisitions, James Burgh (1775) Constitutional thinking of an English Whig.73.

Declaration of Taking Up Arms, Second Continental Congress (1775) Last step bef

declaring independence.

74.

On Civil Liberty, Passive Obedience, and Nonresistance, Jonathan Boucher (1775)

Urged obedience to established authority, representing statist view of constitutional principles

75.

Selected Writings of Thomas Paine Includes Common Sense(1776) andRights of Man(1792).

76.

The Virginia Declaration of Rights(1776) Further developed principles being violaby British rule, adopted as part of Virginia Constitution. Contains accepted definition of militia

77.

U.S. Declaration of Independence(1776) Classic statement of what constitutes

legitimate government and under what conditions men were justified in resorting to armed

revolution to change it.

78.

Selected Political Works of Richard Price Includes Civil Liberty(1776) and

Importance of the American Revolution(1784).

79.

Articles of Confederation First attempt to form a common government for the newlindependent states.

80.

Civil Government, Josiah Tucker (1781) Critique of English constitution and commentary o

Locke.

81.

The Principles of Morals and Legislation, Jeremy Bentham (1781) Introduced

utilitarianism, to provide a better theoretical foundation for penal statutory law than natural law

theory.

82.

Metaphysics of Morals, Immanual Kant (1785) Set out the Categorical Imperative doctrine

right based on natural law

Introduction to the ..., tr. W. Hastie (1785)1.

Fundamental Principles of the ..., tr. Thomas Kingsmill Abbott (1785)2.

83.

The Northwest Ordinance(1787) Model for administration of common territory no

a part of any state.

84.

Constitutional Ratification Debates

Debates in the Federal Convention of 1787, James Madison. These are the

proceedings of the Constitutional Convention held in Philadelphia, an essential guide to

1.

85.


http://www.constitution.org/dfc/dfc-1787.txthttp://www.constitution.org/dfc/dfc_0000.htmhttp://www.constitution.org/cons/northwes.txthttp://www.constitution.org/cons/northwes.htmhttp://www.constitution.org/kant/metamora.txthttp://www.constitution.org/kant/metamora.txthttp://www.constitution.org/kant/ntrometa.txthttp://www.constitution.org/kant/ntrometa.htmhttp://www.constitution.org/jb/pml.txthttp://www.constitution.org/jb/pml.htmhttp://www.constitution.org/cons/usa-conf.txthttp://www.constitution.org/cons/usa-conf.htmhttp://www.constitution.org/price/price.txthttp://www.constitution.org/price/price_.htmhttp://www.constitution.org/cons/decorig.jpghttp://www.constitution.org/usdeclar.txthttp://www.constitution.org/usdeclar.htmhttp://www.constitution.org/bcp/virg_dor.txthttp://www.constitution.org/bcp/virg_dor.htmhttp://www.constitution.org/tp/paine.htmhttp://www.constitution.org/bcp/nonresis.txthttp://www.constitution.org/bcp/nonresis.htmhttp://www.constitution.org/bcp/takuparm.txthttp://www.constitution.org/bcp/takuparm.htmhttp://www.constitution.org/bcp/colright.txthttp://www.constitution.org/bcp/colright.htmhttp://www.constitution.org/bcp/right_col.txthttp://www.constitution.org/bcp/right_col.htm


10/19

interpreting the intent of the Framers.

Constitution for the United States(1787) Annotated and linked to other

documents in this collection.

2.

The Federalist Papers, James Madison, Alexander Hamilton, John Jay (1787-88)

Arguments for ratification of the proposed Constitution.

3.

Anti-Federalist Papers(1787-89) Various essays criticizing the proposed

Constitution and urging changes.

4.

The Debates in the Several Conventions on the Adoption of the Federal Constitutio

Jonathan Elliot (1836) A collection of documents, including proceedings of the ratifystate conventions.

5.

Documentary History of the Constitution of the United States of America, U.S. Sta

Department (1894, 1900) A collection of documents, including some not in Elliot's

Debates or the other works listed.

6.

Documentary History of the Bill of Rights From the English Bill of Rights throu

the proposed amendments of the state ratifying conventions to the drafts debated in

Congress before adopting the final version.

7.

Selected Essays from the Founding Period Lectures, newspaper articles, and sermon

which reflect the understanding of constitutional issues during the founding period.

8.

A Defense of the Constitutions of Government of the United States of America, John Ada

(1787-89) Argued for a broad interpretation of national powers. Comprehensive collection

quotes from political philosophers and historians that influenced the Founders.

86.

Declaration of the Rights of Man and the Citizen(Marquis de Lafayette, Thomas Jefferso

1789) Manifesto of the French Revolution, expressing its ideals.

87.

Selected Works of Edmund Burke(1788-92) Commentary on the American and French

Revolutions and the political issues they raised.

88.

The Declaration of the Rights of Women, Olympe de Gouge (1790) Statement of an early

feminist.

89.

A Vindication of the Rights of Women, Mary Wollstonecraft (1792) Set forth the

arguments for women's rights. Mother of Mary Wollstonecraft Shelley, the author of Frankens

90.

Perpetual Peace, Immanual Kant (1795) Further discussion of natural right and the p

for peace.

91.

Federalist-Republican Debates 1792-1800

Against the Constitutionality of the Bank of the United States, Thomas Jeffers1.

For the Constitutionality of the Bank of the United States , Alexander Hamilto2.

The Virginia Report, J.W. Randolph, ed. (1850) Documents and commentary aris

out of the controversies attending the Alien and Sedition Acts, including the KentuckyResolutionsof 1798 and 1799 and the Virginia Resolutionof 1798, which set forth the

"Doctrine of '98" concerning constitutional interpretation, and led to the "Revolution of

3.

92.


http://www.constitution.org/rf/vr.htmhttp://www.constitution.org/mon/ah-bank.txthttp://www.constitution.org/mon/ah-bank.htmhttp://www.constitution.org/mon/tj-bank.txthttp://www.constitution.org/mon/tj-bank.htmhttp://www.constitution.org/kant/perpeace.txthttp://www.constitution.org/kant/perpeace.htmhttp://www.constitution.org/woll/row.txthttp://www.constitution.org/woll/row.htmhttp://www.constitution.org/eb/burke.htmhttp://www.constitution.org/fr/fr_drm.htmhttp://www.constitution.org/jadams/john_adams.htmhttp://www.constitution.org/dhbr.htmhttp://www.constitution.org/dhcusa.htmhttp://www.constitution.org/elliot.htmhttp://www.constitution.org/afp.htmhttp://www.constitution.org/fed/federali.txthttp://www.constitution.org/fed/federa00.htmhttp://www.constitution.org/constit_.txthttp://www.constitution.org/constit_.htm


11/19

1800", the dominance of the Jeffersonians, and the demise of the Federalist Party.

First Inaugural Address, Thomas Jefferson (1801) Represents the triumph of

strict constructionists following the excesses represented by the Alien and Sedition Acts

4.

Selected Works of Thomas Jefferson Includes complete Writings of Thomas Jefferso

Albert Ellery Bergh, ed., 19 vol. (1905).

93.

Selected Works of James Madison Selected writings bearing on constitutional

interpretation.

94.

Tucker's Blackstone, St. George Tucker (1803) The Commentaries on the Laws of Engl

by William Blackstone (1769), with additional commentaries by Tucker adapting the commonto the needs of the U.S. Constitution.

95.

Dallas, Cranchand Wheaton Three successive collections of U.S. Supreme Court decisio

covering 1789-1816.

96.

An Inquiry into the Principles and Policy of the Government of the United States, John Tayl

(1814) A response to John Adams'A Defense of the Constitutions of Government of the Un

States of America.

97.

The Olive Branch: or, Faults on Both Sides, Federal and Democratic..., Matthew Carey (18 Treatise on the constitutional issues dividing the federalists and democrats.

98.

Construction Contrued and Constitutions Vindicated, John Taylor (1820) A response to so

of the misconstructions of the Constitution by the Marshall Court.

99.

The Elements of the Art of Packing, As Applied to Special Juries, Particularly in Cases of L

Law, Jeremy Bentham (written 1809, published 1821) Critical treatise on abuses of the Eng

jury system and ways to reform it, which provides a historical background to practices that

continue to this day. The first publisher in 1817 of excerpts from this work was prosecuted twi

for doing so, and the second three times, but in each attempt, juries acquitted them.

00.

Commentaries on American Law, James Kent (1826) Kent's Commentariessucceeded

Tucker's Blackstoneby reformulating the relevant content of Blackstone's Commentariesand

integrating Common Law with Constitutional Law up to that time.

01.

A View of the Constitution, William Rawle (1829) Early commentary on the

Constitution and how it should be interpreted. Made point that the Bill of Rights also applied t

states, something that would later be denied, then partially reassserted by the 14th Amendmen

the doctrine of (selective) incorporation.

02.

An Historical Essay on the Magna Charta, Richard Thomson (1829) Definitive commenta

on the fundamental documents, including the Magna Charta, the Charters of Liberties andConfirmations of Henry III and Edward I, and the Original Charter of the Forests, and their

relation to the common law.

03.

Hayne-Webster Debate(1830) Debates between Daniel Webster, representing a broade

construction of federal powers, and Robert Y. Hayne, representing strict construction and the

views of John C. Calhoun.

04.

Selected Works of John C. Calhoun, (1831) Includes "A Disquisition on Government" an

"A Discourse on the Constitution and Government of the United States". Developed the doctri

of concurrent majority, interposition, nullificationand state secession, to correct what he

05.


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12/19

perceived as a defect in the design of the Constitution that permits a persistent majority to

dominate all three branches of government and legislate against the interests of a minority to th

point where they would consider their rights violated.

Commentaries on the Constitution of the United States, Joseph Story (1833) Authorita

commentaries by an early Supreme Court justice who helped shape interpretation of the

Constitution for the next century.

06.

On Democracy in America, Alexis de Toqueville (1835, 1840) Discusses the society that

makes republican government work and how it is shaped by that form of government.

07.

A Brief Enquiry into the True Nature and Character of our Federal Government, ..., A

Parker Upshur (1840, 1868) A review of Joseph Story's Commentaries on the Constitution

the United States, arguing against some of Story's expansive interpretations of national powers

08.

Man the Reformer, Ralph Waldo Emerson (1841).09.

Civil Disobedience, Henry David Thoreau (1849) Discusses duty of individuals to re

government excesses.

10.

The Law, Frederick Bastiat (1850) Classic treatment of one of the main challenges to th

survival of democratic government.

11.

Bouvier Law Dictionary, John Bouvier (1856). Also available as two self-extracting

executables: Part 1and Part 2.

12.

On Liberty, John Stuart Mill (1860) Develops a theory of civil liberties and discusses

what rights should be recognized and protected.

13.

Representative Government, John Stuart Mill (1861) Discusses various representatio

methods and the advantages and difficulties with each.

14.

Commentaries on the Criminal Law, 6th Ed. Vol. 1, Joel P. Bishop (1865) Discussion of t

limits on the constitutional authority to impose criminal penalites in various jurisdictions.

15.

Manual of the Constitution of the United States of America, T. Farrar (1867) Provides a v

of the state of constitutional interpretation as of that time.

16.

The Constitution of the United States: Defined & Carefully Annotated, George W. Paschal

(1868) Interpretative citations for each clause and term in the Constitution.

17.

An Introduction to the Constitutional Law of the United States, John N. Pomeroy (1868)

Commentary on the state of constitutional jurisprudence during the Reconstruction Period, wit

guidance on interpretation of the Fourteenth Amendment.

18.

A Treatise on the Constitutional Limitations Which Rest Upon the Legislative Powers of ThStates of the American Union, Thomas M. Cooley (1868, 1883) Commentary reflecting

constitutional thought at the time.

19.

The Subjection of Women, John Stuart Mill (1869) Argues for full equality of wome20.

Documents and Commentary on Slavery, Secession, the Confederate States of Americ

and the Civil War.

21.

History of Trial by Jury, William Forsyth. (1875) Tells story of how it evolved, as seen by

legal scholar who missed the point that juries were established because judges and prosecutors

22.


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13/19

cannot be trusted.

History of the Formation of the Constitution of the United States of America, George Bancro

(1883) Presents much background information on the people and events that shaped the

Constitution.

23.

The General Principles of Constitutional Law in the United States of America, Thomas M.Cooley (1891) Commentary reflecting constitutional thought at the time.

24.

The Evolution of the Constitution of the United States, Sydney George Fisher (1897). Traces

each of the clauses of the U.S. Constitution back to previous colonial government documents.

25.

The History of English Law, Pollock and Maitland (1898) Definitive study of the foundati

of the Anglo-American legal system.

26.

The Grand Jury, George J. Edwards (1906) Classic treatise on the grand jury, unequ

to this day.

27.

The Moral Equivalent of War, William James (1906) Seeks solution to problem of h

to sustain political unity and civic virtue without war or a credible threat.

28.

Select Essays in Anglo-American Legal History, Freund, Mikell, & Wigmore, ed. (1907)

Classic essays on legal foundations and theory.

29.

Federal Usurpation, Franklin Pierce (1908) Historical and constitutional analysis of

corruption, zealotry, and incompetence combined to violate the Constitution.

30.

Black's Law Dictionary. 2nd Edition, 1910 Standard reference for legal terminology.31.

Robert's Rules of Order Revised, Henry Robert (1915) Essential manual for

parliamentarians of deliberative assemblies.

32.

Constitutional Conventions, Roger Sherman Hoar (1917) Treatise on the way a body

politic manifests its sovereignty.

33.

Recent Changes in American Constitutional Theory, John W. Burgess (1923)

Constitutional scholar surveys departures from constitutional compliance from 1898 through 1

34.

The Revival of Natural Law Concepts, Charles Grove Haines (1930) Review of natu

law theory as the foundation of constitutional law.

35.

Undermining the Constitution, Thomas James Norton (1950) Constitutional scholar

examines departures from constitutional compliance arising from New Deal.

36.

Jurisdiction over Federal Areas within the States Report of the Interdepartmenta

Committee for the Study of Jurisdiction over Federal Areas within the States (1956).

37.

Freedom's Frontier Atlantic Union Now, Clarence K. Streit (1962) Classic

treatise on international conflict and federalism. Also see a Reviewby Jon Roland.

38.

Militia Treatises, James B. Whisker Standard references on the subject. Includes The M(1992) and The American Colonial Militia(1997).

39.

Selected Works on Tyranny To understand the principles of constitutional republicangovernment, one must understand the principles of its opposite.

40.

Selected U.S. Supreme Court Decisions Includes commentaries on the rulings and the41.


http://www.constitution.org/aun/revaunjr.htmhttp://www.constitution.org/ussc/usscdeci.htmhttp://www.constitution.org/tyranny.htmhttp://www.constitution.org/jw/jbwhisker.htmhttp://www.constitution.org/aun/revaunjr.htmhttp://www.constitution.org/aun/aun--wpd.ziphttp://www.constitution.org/aun/aun--txt.ziphttp://www.constitution.org/aun/aun0--00.htmhttp://www.constitution.org/juris/fjur/fedjuris.exehttp://www.constitution.org/juris/fjur/fj0-0000.htmhttp://www.constitution.org/juris/fjur/fj1-1001.htmhttp://www.constitution.org/norton/norton.txthttp://www.constitution.org/norton/norton_.htmhttp://www.constitution.org/haines/haines.txthttp://www.constitution.org/haines/haines_.htmhttp://www.constitution.org/jwb/burgess.txthttp://www.constitution.org/jwb/burgess.htmhttp://www.constitution.org/rsh/concon.txthttp://www.constitution.org/rsh/concon00.htmhttp://www.constitution.org/rror/rror_wpd.ziphttp://www.constitution.org/rror/rror_txt.ziphttp://www.constitution.org/rror/rror--00.htmhttp://www.constitution.org/pierce/pierce.txthttp://www.constitution.org/pierce/pierce.htmhttp://www.constitution.org/wj/meow.txthttp://www.constitution.org/wj/meow.htmhttp://www.constitution.org/gje/gj.txthttp://www.constitution.org/gje/gj_00.htm


14/19

opinions.

Selected U.S. Appellate Court Decisions Includes commentaries on the rulings and the

opinions.

42.

Constitutional Commentary Collection Books, anthologies, and essays.43.

Legal Briefs Collection Organized by subject.44.

Law Review Article Collection Organized by subject.45.

U.S. State Constitutions and Web Sites46.

National Constitutions The supreme laws of many of the most important countries, for

comparative analysis.

47.

or contributions to and suggestions for additional items to be added to this collection, contact editor

oland, [email protected] plan to make this collection available on CD-ROM wh

is more complete.

Home| Constitution Society

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o see some of the above the way it was intended, download the Old GondorTrueType font, and cop

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15/19

Jefferson

Welcome to the

he Constitution Society is a private non-profit organization dedicated to research and public educati

n the principles of constitutional republican government. It publishes documentation, engages in

igation, and organizes local citizens groups to work for reform.

his organization was founded in response to the growing concern that noncompliance with the U.S.

onstitution and most state constitutions is creating a crisis of legitimacy that threatens freedom and ghts. Although the focus here is on the United States, we plan to expand coverage to include the res

e world. We maintain that the principles of constitutional republicanism are universal, and applicab

l nations, although not well understood or upheld by most. We also examine the related principles o

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16/19

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17/19

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