The Story of Civil Liberty in the United States

By Leon Whipple | Go to book overview
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REFERENCE NOTES

NOTES TO CHAPTER I
1
(Page 2). C. A. Duniway, Freedom of the Press in Massachusetts, p. 131.
2
(Page 2). W. G. Sumner, Alexander Hamilton, quoted in J. E. Cutler, Lynch Law, pp. 59, 61, 71 ft. The violence is also treated in A. P. Peabody , "Boston Mobs Before the Revolution," Atlantic Monthly, September, 1888; A. M. Simons, Social Forces in American History, p. 12, and bibliography; and John Fiske, Critical Period of American History. It is fair to American liberty ideals to add that some of the resistance at Boston was due to a fear that religious liberty might be curtailed "by an evident design of the English ministry to send a bishop to America." See C. H. Van Tyne Loyalists in the American Revolution, p. 109.
3
(Page 7). Lorenzo Sabine, "Loyalists of the American Revolution", Introduction and chap. ix, pp. 75-83; Egerton Ryerson, "Loyalists ole America", chap. xxxiv, with abstracts of the proscription laws; Justin Winsor, Narrative History of America, Vol. VII, article by the Rev. G. E. Ellis, and bibliography; A. C; Flick, Loyalism in, New York; J. B. McMaster, History of the United States, I, 106-128; James H. Stark, Loyalists of Massachusetts, pp. 54, 55.
4
(Page 8). " Van Tyne, Loyalists, pp. 207-215; Isaac Sharpless, Quakers in the Revolution, chap. viii, pp. 172 ff. on "Quaker Sufferings."
5
(Page 10). Most of these disloyalty charges must have been largely groundless for when Howe's British army in turn passed through this same region, it seized provisions and supplies from the Quaker farms and subjected the owners to indignities. Sharpless estimates the position of the Friends thus: "There were a few radical Tories; a much larger number of radical friends of the Revolution; the rest were quiet sympathizers with the Revolution." The persecutions here and in the Southern States were the first cause of the emigration of Friends to Ohio and Indiana. Later, the blight of slavery in the South accelerated this by thousands. The chief treason of the Quakers was that they were well off. Washington expressed this practical view: "They are a harmlesss, peaceable and industrious people who will produce meat and bread, and if they will not sell it to us, we can take it as we need it." For a story of the Virginia case see
6
(Page 10). For similar reasons Shay's Rebellion ( 1787- 1788) is not studied here. The status of a rebel is not one on which to rest evidence of lost liberty; moreover, both factions were guilty. The privilege of the writ of habeas corpus was suspended, freedom of the press restricted, private persons deported, and liberty generally depended-on who had the power. See Minot, Shay's Rebellion, pp. 24, 36, 51, and elsewhere.
7
(Page 11). Richard Hildreth, History of the United States, IV, 30.
8
(Page 13). Marshall speaks of "general principles which are common to our free institutions, having force superior to legislation." 6 Cranch 87. Kent declares "the right of self-defense in these cases is founded on the

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