Law and the Conditions of Freedom in the Nineteenth- Century United States

By James Willard Hurst | Go to book overview

NOTES

CHAPTER I
1. Lothrop's account of the Pike Creek history, including a copy of the constitution of the Pike River Claimants Union, is contained in 8th Wis. Legis. ( 1856), J. Ass., App. Vol. 2, pp. 472-475; cf. id., pp. 475-479 (Constitution of the Milwaukee Union). See also Frank, Early History of Kenosha, 9th Wis. Legis. ( 1857), J. Ass., App. Vol. 2, pp. 370-394, at 378, 386-387; Mygatt, Some Account of the First Settlement of Kenosha, id., pp. 395-420, at 409. On the claims associations generally, see Hibbard, A History of the Public Land Policies ( New York, 1939), pp. 198-208; Schafer, Four Wisconsin Counties ( Madison, 1927), pp. 69-80.
2. The release-of-energy faith demonstrated in our law expressed one aspect of a social value scale which measured men by their accomplishment in striving toward self-appointed material goals, rather than by their status. See Horney, The Neurotic Personality of Our Time ( New York, 1937), pp. 288-289; Mead, And Keep Your Powder Dry ( New York, 1942), pp. 67-69, 91, 93, 113, 202; Williams, American Society ( New York, 1951), pp. 390-394.
3. Cf. Hamilton, Report on the Subject of Manufactures, 1 Reports of the Secretary of the Treasury 78, 85 ( Washington, 1837); 1 H. C. Carey, Principles of Political Economy 337-342 ( Philadelphia, 1837- 1840); Bancroft, "The office the People in Art, Government and Religion", in Literary and Historical Miscellanies ( New York, 1855), p. 408; 2 Tocqueville, Democracy in America 41- 47 ( Bradley, ed. New York, 1945); George, Progress and Poverty ( 50th anniversary ed. New York, 1932), pp. 3-4, 255-260.
4. Locke, Essay on Civil Government ( 1690), Ch. XI; 12 & 13 William III, c. 3 ( 1700), 10 Statutes at Large 360 ( 1764); The Federalist ( Lodge, ed. New York, 1888), No. 78 ( Hamilton), pp. 484, 487-489; cf. Webster, "The Basis of the Senate", in 3 Works8, 14, 16 ( 8th ed. 6 vols. Boston, 1854). See, generally, 6 Holdsworth, A History of English Law82-83, 103, 150, 251, 288, 359 ( Boston, 1927); Larkin, Property in the Eighteenth Century ( Dublin, 1930), pp. 112-124, 149-151, 155-156, 164, 172; Knappen, Constitutional and Legal History of England ( New York, 1942), p. 377; Miller J., in Loan Association v. Topeka, 20 Wall. 655, 662-664 ( U.S. 1874).
5. Cf. Sumner, "The Challenge of Facts" in The Challenge of Facts and Other Essays ( Keller, ed. New Haven, 1914), p. 17.
6. Compare: "The commercial law should be thought of as a coherent sys-

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Law and the Conditions of Freedom in the Nineteenth- Century United States
Table of contents

Table of contents

  • Title Page iii
  • Foreword v
  • Contents ix
  • I - The Release of Energy 3
  • II - The Control of Environment 33
  • III - The Balance of Power 71
  • Notes 109
  • Index 131
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