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An Exhibit: Early Statutory Compilations and Codes

The books presented in this post may seem to be nothing more than dusty old lawbooks, but they are in fact the mortal remains of Alabama’s frontier period. The energetic, mostly young men who made up Alabama’s legislatures faced the issues—national and local—of Jacksonian America. In response they spelled out their attitudes, self-interests, and startling biases for future generations to ponder. So in the adventurous spirit of that time, we invite our readers to read the signposts of what were once new ideas. We encourage you to visit our physical exhibit “Early Statutory Compilations and Codes” located in the main hall of UA’s Law Library.

Early Statutory Compilations and Codes

Occupying a parallel universe to Alabama’s case law, the state’s early statutory laws were diligently compiled every ten years. The legislature gave this task to highly regarded lawyers and judges who made every effort to produce volumes that would be intelligible to lawyers and lay persons. These compilers and codifiers kept in mind the frontier conditions prevailing over most of the state; they knew that these volumes were going to be packed in saddlebags and carried “on circuit.”

1823:  The state of Alabama’s first statutory compilation was assembled by Harry Toulmin, a long-tenured territorial judge who had previously published “digests” of legislation for Kentucky (1802) and the Mississippi Territory (1807). Toulmin’s 1823 Digest of the Laws of the State of Alabama . . . is an important source of Mississippi legislation—relevant to early Alabama lawyers since Alabama had been, from 1798 to 1817, the eastern half of the Mississippi Territory. Arranged alphabetically, Toulmin’s Digest was the final masterpiece of a long life of service. Assisted by the distinguished attorney Henry Hitchcock, Toulmin worked confidently, subdividing statutes, adding historical notes, and omitting obsolete sections.

Image of Toulmin's Digest title page.

Toulmin’s Digest title page

Image of Toulmin's Digest detail.

Toulmin’s Digest detail

 

 

 

 

 

 

 

 

 

 

1833:  John G. Aikin published the state’s first decennial digest in 1833. Aikin followed the same alphabetical arrangement as Toulmin, with helpful marginal notes and a copious index. In addition he provided an appendix containing the “Rules of Proceedings and Practice in the Courts.” The latter was needed, since in 1832 the legislature had created a three-judge Supreme Court, replacing the banc of circuit judges who had previously served as the state’s appellate tribunal. Aikin reissued his Digest with a supplement in 1836. Attorney and belletrist Alexander B. Meek published Meek’s Supplement in 1841, containing a militia code and important changes in chancery practice that had been adopted by the Supreme Court in January 1841.

Image of Aikin's Digest detail.

Aikin’s Digest detail

Image of Aikin's Digest title page.

Aikin’s Digest title page

 

 

 

 

 

 

 

 

 

 

 

1843:  Alabama’s second decennial compilation was published in 1843. Its author was Clement Comer Clay, one of the state’s most notable and controversial Jacksonian Democrats. Clay served as governor from 1835 to 1837; from 1837 to 1841 he was U.S. senator from Alabama. The result of his labors was strikingly similar to that employed by Aikin. Like Aikin he included court rules—in Clay’s case, rules for the Supreme Court, circuit courts, county courts, and chancery courts, as well as treatments of judicial procedures in common law and chancery.

Image of Clay's Digest title page.

Clay’s Digest title page

Image of Clay's Digest detail.

Clay’s Digest detail

 

 

 

 

 

 

 

 

 

 

1852:  The 1840s witnessed a national discussion of codification, culminating in New York’s celebrated Field Code. In 1849 Governor Henry W. Collier proposed creation of an Alabama code commission. Lawmakers complied and a commission headed by Collier’s former colleague John J. Ormond set to work. In February 1852 the legislature adopted the code they had produced. The 1852 Code of Alabama was controversial because of the modifications its authors made in the state’s common law pleading. Yet their work provided the foundation for Alabama codes for many decades.

Image of 1852 Code of Alabama detail.

1852 Code of Alabama detail

Image of the 1852 Code of Alabama title page.

1852 Code of Alabama title page

 

 

 

 

 

 

 

 

 

 

 

Alice in Court: An Exhibit Taken from Editions of Alice’s Adventures in Wonderland

Take the opportunity to visit our exhibit “Alice in Court” located in the main hall of UA’s Law Library before it is replaced. The following post, “Alice in Court,” seeks to describe the legal aspects of one of the world’s great fantasy stories–Alice’s Adventures in Wonderland by Lewis Carroll. The exhibit includes works in a Lewis Carroll collection assembled by Litera Scripta co-editor Paul M. Pruitt, Jr.

Summary and Commentary:

On the afternoon of July 4, 1862, Charles Dodgson of Christ Church and Robinson Duckworth of Trinity, young Oxford dons, rowed three miles up the river Isis. They were accompanied by three young daughters of Christ Church dean Dr. H.G. Liddell and by Miss Prickett, the girls’ governess. By most accounts it was a golden afternoon.

Certainly it was golden for Dodgson—for in the course of rowing and picnicking he spun a long story in which the ten-year-old Alice (his particular favorite) followed a White Rabbit down a rabbit hole into the realm of Wonderland.

Image of the Alice in Court exhibit.

Alice in Court Exhibit

At her request he wrote and rewrote the tale, publishing it in 1865 under the pseudonym Lewis Carroll as Alice’s Adventures in Wonderland. It has since appeared in many editions, not to mention some three dozen films or tv shows.[1]

Carroll’s purpose, to be sure, is to entertain, yet his Alice must deal with a series of animal and human characters who are self-willed, indifferent to her well-being, even dangerous—just like certain types of people who inhabit what we are pleased to call the real world. At the same time Alice’s new acquaintances may be poignantly bizarre, relentlessly and wrong-headedly logical, and (more often than not) determined to recite poetry or hear it recited. Beyond the inspired nonsense that Alice hears and speaks, there are grown-up dimensions to several of these encounters. Many of Carroll’s episodes summon up topical issues (of law, psychology, and social class, among others) that are very much alive today.

It was Carroll’s genius to place the challenging scenes of Wonderland in a dreamlike setting and to seed his story with rollicking puns, jokes, and verses. All of these elements are heightened by Alice’s childlike candor and inquisitiveness. The story is told from her perspective, which allowed Carroll to make excellent use of the “real” Alice Liddell’s independent-minded personality. Surely, Carroll was a pioneer in following a child’s path through a satirically informed world. Mark Twain (another pseudonymous writer) would not perfect his master creation, Huckleberry Finn, for another twenty years.

Carroll was acutely aware that children, more than the rest of us, experience abrupt physical transformations. In the course of the narrative, Alice must cope with sudden changes in her own size, beginning with her first explorations at the bottom of the rabbit hole. There she experiences sudden shrinkage after drinking from a bottle labeled “DRINK ME” and rapid growth after eating a cake marked “EAT ME.” After shedding copious tears, she shrinks again (the result of holding the White Rabbit’s fan) and finds that she is swimming in a pool of her own tears. There Alice meets number of animals, including a Dodo—widely assumed to be a self-caricature of Dodgson. They all dry off by means of a “Caucus Race” (a jab at Parliamentary politics), at the conclusion of which the Dodo announces: “Everybody has won, and all must have prizes.”[2]

 

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Hugo Black and the Classics: An Exhibit

Hugo Black and the Classics is an exhibit in the University of Alabama School of Law Library’s Hugo Black Study that offers insight into Justice Black’s strong interest in Greek and Roman classical works. The collection shown here represents one component of the more than one thousand volumes of Black’s books held at the Bounds Law Library.

HUGO BLACK AND THE CLASSICS

Hugo Lafayette Black (1886-1971) was a native of Clay County, Alabama, and a 1906 graduate of the University of Alabama School of Law. Elected to the United States Senate in 1926, Black proved to be a reformist senator and leading New Dealer. In 1937, President Franklin D. Roosevelt appointed him to the United States Supreme Court.

Confirmed despite a furor over his earlier brief association with the Ku Klux Klan, Black served on the Supreme Court for thirty-four years, promoting the First Amendment, working to make the Bill of Rights applicable to the States, and supporting the landmark civil rights decisions of the Warren Court.

Both as Senator and Justice, Black sought to follow programs of reading and self-education. He found Will Durant’s 1929 article, “One Hundred Best Books,” to be particularly useful. Durant’s vision of history was anchored firmly in the Greek and Roman classics, and the writers of antiquity likewise appealed to Black.

In part this was because Black enjoyed the dignity and measured tone of the classics in translation, but even more because he viewed human nature as essentially unchanging. To his mind, the historians and philosophers of ancient Greece and Rome had set forth many observations perfectly applicable to mid-twentieth century America. Daniel J. Meador, who was a Supreme Court clerk for Justice Black in 1954, later commented on Black’s interest in the classics in Mr. Justice Black and His Books (1974), “If there is any single book out of the hundreds he owned which might be said to have been the favorite, it is Edith Hamilton’s The Greek Way…. Law clerks over a span of many years recall having The Greek Way recommended by Black in their initial interview with him, or in the early days of the clerkship…. More than any other single book, The Greek Way is essential reading for anyone attempting to understand the mind of Justice Black.”

In his quest for the classics, Black frequented the various out-of-print bookshops of the Washington, D.C. area. He was also a dedicated reader of dealers’ catalogues. Preferring older editions, he assembled a collection of more than forty volumes on the classics.

Numerous volumes contain Black’s annotations and underlined passages. These books, many of which reflect the height of Victorian classical scholarship, can be considered the cornerstone of Black’s larger library of more than one thousand volumes.

Image of Black's underlinings and marginal notes.

Black’s underlinings and marginal notes in Aristotle’s Politics

Accompanying this post are images of several pages featuring Black’s underlinings and annotations.

Black habitually wrote in his books, commenting on passages that he liked or disliked, summarizing texts, and pointing out ideas, facts, or passages for future reference. The pages seen here from Black’s copy of Aristotle on Government reflect his lawyerly interest in practical abstractions. See page 98 for his brief observations: “City—object of law,” “Object of Government to live well and happily,” and “Rulers should be best, not richest.”

Image of Black's underlinings and marginal notes.

Black’s underlinings and marginal notes in Aristotle’s Politics

As Aristotle turns to practical instructions concerning governance (p. 210), Black’s marginalia matches the philosopher’s didactic mood: “Laws not men” (for a passage arguing against giving magistrates discretionary powers), “Pay all Officials,” and most pointedly, “No life terms.” This last annotation, sadly, gives us no idea what Black, the holder for a lifetime appointment, actually thought about Aristotle’s advice.

Image of Black's underlinings.

Black’s underlinings and notation in Edith Hamilton’s, The Greek Way

Reading Hamilton’s commentary on Thucydides (p. 187), Black singled out a passage of some eight lines which eloquently discusses “greed, that strange passion for power and possession”—a complicated emotion that is, according to the author, at the root of all wars. Similarly in The Greek Way (p. 202), Black singles out a passage which, though written in Hamilton’s conversational style, constitutes a solemn warning to the powerful Democratic states of Black’s times—or of our times.

Image of Black's underlinings.

Black’s underlinings in Edith Hamilton’s, The Greek Way

“She [Athens] had reached the point where she did not care to use fine words about ugly facts, and the reason was that they had ceased to look ugly to her.”

Kenneth A. Roberts and the United States Capitol Shooting of 1954: An Exhibit from our Collections

On March 1, 1954, two hundred and fifty-four members of the Eighty-third Congress were debating immigration issues when a Puerto Rican Flag was unfurled and pistol fire erupted from the “Ladies’ Gallery” of the House of Representatives chamber. Four Puerto Rican nationalists, Lolita Lebron, Rafael Cancel Miranda, Andres Figueroa Cordero, and Irving Flores Rodriguez fired thirty shots at the representatives below, wounding five of them. One of the wounded was the Democratic representative from Alabama’s Fourth District, Kenneth A. Roberts who was shot in the leg. The suspects were arrested, tried and convicted in federal court, receiving what amounted to life sentences. Eventually, all were pardoned in 1978 and 1979 by President Jimmy Carter, and they returned to Puerto Rico. Lolita Lebron would become a Puerto Rican nationalist heroine. She died in 2010 from complications from bronchitis.

Image of Puerto Rican Flag

Puerto Rican Flag. Recovered from floor of Gallery # 11 of the House of Representatives, U.S. Capitol

The Puerto Rican flag that Lebron had draped around her, one of the weapon magazines, and evidence envelopes were given to representative Roberts and are displayed in the library’s John C. Payne Reading Room.

Kenneth Allison Roberts was born in 1912 at Piedmont, Alabama, the second of four children born to John Franklin and Josephine Burton Roberts. He graduated from Howard College (Samford University) in Birmingham and entered the University of Alabama School of Law in 1932. In 1935, Roberts graduated from law school and was admitted to the bar. During World War II he joined the Navy and served in both the Atlantic and Pacific theaters. Roberts represented Alabama’s Fourth District in the U.S. Congress from 1951 through 1965. He is notable for his support of progressive legislation including: deduction of child care expenses for working mothers, air pollution control, safety belt standards, refrigerator safety, and the labeling of hazardous substances. Roberts co-authored legislation for migrant workers, children’s healthcare, and American Indian healthcare. Following his congressional career he resumed practicing law in Washington, D.C., and kept an office in Brewton, Alabama. He served on the U.S. Vehicle Equipment Safety Advisory and the National Highway Safety Advisory committees. Roberts died in Potomac, Maryland on May 9, 1980.

The Knights Templar: an Exhibit from our Collections

Who were they?

The Knights Templar was a secret religious order established in 1119-1120 in the aftermath of the First Crusade and officially acknowledged by the Roman Catholic Church in 1129. The order was established to ensure the safety of Western pilgrims to the Holy Land; but its military successes, the prowess of its warriors, and eventually, the banking services it provided made it influential in Western Europe and within the Church. Over the centuries, rumors have swirled about the Templars and the great wealth that they acquired. In particular, they were thought to have discovered and protected the legendary treasures of Christianity: the Holy Grail, the Ark of the Covenant, pieces of the True Cross, and other relics. Such tales have inspired many conspiracy theories about the Order, including Umberto Eco’s Foucault’s Pendulum and Dan Brown’s cult phenomenon The Da Vinci Code.

A Seal of the Knights Templar

A Seal of the Knights Templar

 

What happened to the Order?

Once the Holy Land finally fell to the Muslims in the late 13th century, Papal and royal support for the Order declined. The Templars had become increasingly powerful as property owners and bankers to the kings and nobility of Europe. Likewise, rumors about the secret and possibly heretical rituals of the Order circulated throughout Europe until Pope Clement V ordered all European monarchs to arrest the Knights and seize Templar assets in 1307. Scores of Templar knights were tortured, forcing them to admit, often falsely, to heretical behavior. Pressured by King Philip of France, who was heavily in debt to the Templars, Pope Clement dissolved the Order in 1312.

How is it perceived now?

Although the Order was dissolved by the Church and vilified by all Western monarchies in the 14th century, the Knights Templar has survived to this day in other forms. Most notably, the York Rite of the Order of the Knights Templar remains an important adjunct of Freemasonry in both America and Western Europe. In the nineteenth century the Masons established Templar orders in almost every American state and held both national and local conventions. The rituals of the medieval Knights Templar are preserved as Masonic rituals and are described with great detail in Freemason ritual books. The Order continues to be a great philanthropic society in the United States.

In Great Britain, the Templar aura lives in the education of lawyers. Two of the four Inns of Court in England are the Inner Temple and Middle Temple—named for the Templar buildings in which these Inns are housed. Scores of students have and continue to study in these Inns and remain members—Templars—as they begin their law careers. Even some of the authors of the U.S. Constitution were educated in these Inns, inspiring them to form American counterparts to the British Inns of Court.

Internationally, the Sovereign Military Order of the Temple of Jerusalem (not affiliated with Masonic Templars) has recently achieved NGO status from the United Nations as a charitable organization.

New Developments
In 2001, a document was found in the Vatican Secret Archives; incorrectly filed, it had lain undiscovered for centuries. It provided evidence that Pope Clement had absolved the Templars of heresy in 1308—four years before excommunicating them under French pressure. The Vatican published this discovery—known as the Chinon document—in October 2007. Thus the Church now maintains that the 14th century persecution of the Knights Templar was unjust. The Order was not heretical in any way, but was dissolved for political reasons.

This Exhibit
The Knights Templar is represented in the Bounds Law Library’s collections mostly in the form of nineteenth and early twentieth century Masonic materials. Many rituals of the medieval order are depicted—often in great detail—in these works. Selections from our collection include manuals, bylaws, rituals, an “Authentic Account of the Imprisonment, Torture, and Martyrdom of Free Masons and Knights Templars…,” as well as an 1861 Alabama legislative act incorporating the Grand Commandery of Knights Templar. The exhibit also features an original document; a 1911 certificate of knighthood from the Grand Commandery of the state of Tennessee.

The Bounds Law Library’s Templar exhibit is located in the John C. Payne Special Collections Reading Room and we welcome visitors during regular Special Collections hours. Chainmail coif, swords, and shields must be checked at the circulation desk!

 

Justice Hugo Black Study Reopens

Following significant renovations this summer, the Hugo Black Study at the Bounds Law Library has reopened to visitors.Hugo Black Study The exhibit, which is a replica of Justice Black’s Alexandria Virginia study, underwent improvements including repainting, a new ceiling, and redesigned lighting. The study contains contents and furnishings donated by Mrs. Elizabeth Black and more than one thousand volumes belonging to Justice Black that were transferred to the law school by the Supreme Court Library in 1983. As United States senator and supreme court justice, Black collected the works of his favorite authors and accumulated an impressive number of volumes on law, history, philosophy, and other topics. He underlined and annotated many of his books, making them a unique source of insight into his thoughts and opinions.

The collection is located in room 211 of the Bounds Law Library and is available to scholars by appointment, and the public is invited to view the study during regular library hours.

Historic Maps of Alabama: Judge Benjamin Cohen Exhibit

The University of Alabama Law Library Special Collections recently received a collection of maps acquired by Special Assistant Attorney General Benjamin Cohen during and after litigation of the Alabama and Mississippi Boundary Case [470 U.S. 93 (1985)]. Cohen Maps PleadingThis case was initiated in 1979 by Alabama Attorney General Charles Graddick, who was aided by a team that included then-Assistant Attorney General Mark Brandon, now Dean of the University of Alabama School of Law. The Alabama Attorney General’s office  joined with its counterparts in Louisiana, Texas, Mississippi, and Florida to ask the U.S. Supreme Court to rule on the status of the “Mississippi Sound”—a much-navigated waterway running just off the coastline of these states. The states wanted the Sound classified as an inland waterway, thereby granting to each ownership of a share of the submerged lands. With ownership would come the right to regulate access to the petroleum and other mineral deposits under the Sound. Constitutionally, the matter fell under the original jurisdiction of the U.S. Supreme Court, and in the printed briefs it is identified as “No. 9, Original.” The Court appointed a Special Master to hear the case; he delivered his findings in 1984. The Special Master found “that the whole of Mississippi Sound qualifies as a historic bay under the Convention on the Territorial Sea and the Contiguous Zone. . . and thus constitutes inland waters.” Both the states and the U.S. Government filed exceptions to the Special Master’s report; Benjamin Cohen argued the case for Alabama in November 1984. In February 1985 the Court ruled in favor of the Special Master’s report, overruling the federal government’s exceptions.

“A Little Renaissance of Our Own:” Tudor-Stuart Law Books

La Graunde Abridgement, Sir Robert Brooke

La Graunde Abridgement, Sir Robert Brooke, 1573

The following text and images are taken from an exhibit titled, “A Little Renaissance of Our Own.” That exhibit was first shown several years ago, and was remounted in our Special Collections reading room in October 2014. Our efforts to acquire materials from this era are ongoing, as this exhibit shows, but it also reflects works added decades ago, thanks to the initiative of the late Professor John C. Payne, for whom our reading room is named.

The Tudor-Stuart Era was a time of upheavals and transformations. Henry VII seized power (1485) as a feudal monarch, ruling over a manorial economy. Spiritually, most Englishmen lived within the framework of medieval Catholicism. Two centuries later, the overthrow of James II (1688) saw England governed by a constitutional monarchy with far-flung commercial and colonial empires. Intellectually, the English had been influenced both by Renaissance humanism and the turbulent reformism of the Protestant Reformation. The latter contributed to the rise of Parliament as a counterweight to the absolutist Stuart Kings James I (1603-1625) and Charles I (1625-1649).

La Graunde Abridgement, Anthony Fitzherbert

La Graunde Abridgement, Anthony Fitzherbert, 1577

 

 

English law had changed too; but as law is a conservative discipline, it should not be surprising that law writers sought to reconcile medieval common law (obsessed with title to land) to a new world of trading ventures. The task was to digest and restate, beginning with Thomas Littleton’s Tenures (1481 or 1482), continuing through variants of La Graunde Abridgement (from 1516), and culminating in the works of Edward Coke, notably his thirteen volumes of reports (from 1600) and his four-volume Institutes (1628-1644). F.W. Maitland said of Coke’s ex post facto medievalism that “We were having a little Renaissance of our own, or a Gothic revival if you please.”

 

 

Reliquiae Sacrae Carolinae

Reliquiae Sacrae Carolinae, 1650

This exhibition includes three grand abridgements (1573, 1577, 1675) and several editions of reports, including Coke’s Size Part (1607), Thomas Ireland’s abridgement of Coke’s Reports (1651) and Henry Yelverton’s Reports (1661). Likewise, there are practice aids such as the wonderfully titled Simboleography (1603), a study of “Instruments and Presidents.” Finally, on display are historical works (a 1640 Bracton, a 1673 Glanville) and one polemic—the 1650 Reliquiae Sacrae Carolinae, published a year after Charles I’s execution at the hands of Parliament, and devoted to “that Great Monarch and Glorious Martyr.”

 

La Size Part Des Reports, Edward Coke

La Size Part Des Reports, Edward Coke, 1607

Printing styles range from the glorious Renaissance presentations of Richard Tottel to the balanced lines of Restoration craftsmen whose fonts anticipated those of the Enlightenment. The volumes range in size from folios to duodecimo pocket books. The Charles I reliquary is one of the latter—published at the Hague and no doubt carried as discreetly as possible by its readers in England.