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This book is a documentary history of the rights found in the American state constitutions adopted between 1776 and 1790. Despite the rich tradition of rights at the state level, rights in America have been identified almost exclusively with the national Bill of Rights. Indeed, there is no work that provides a comprehensive treatment of the early state declarations of rights. Rather, these declarations have been viewed as halting first steps towards the adoption of the national Bill of Rights in 1791. Bringing together the full text of the rights provisions from the 13 original states and Vermont, this book presents America’s first tradition of rights on its own terms and as part of this country’s heritage of rights. Early chapters will examine the sources of these rights and provide a comparative framework. An introduction to each chapter will review that state’s colonial history, focusing on any charters or legislation related to rights protections that help explain its constitutional provisions. This work will make it possible for students, scholars, and interested citizens to rediscover the first fruits of the American Revolution.
A reconsideration of the writ of habeas corpus casts new light on a range of current issues Habeas corpus, the storied Great Writ of Liberty, is a judicial order that requires government officials to produce a prisoner in court, persuade an independent judge of the correctness of their claimed factual and legal justifications for the individual’s imprisonment, or else release the captive. Frequently the officials resist being called to account. Much of the history of the rule of law, including the history being made today, has emerged from the resulting clashes. This book, heavily based on primary sources from the colonial and early national periods and significant original research in the New Hampshire State Archives, enriches our understanding of the past and draws lessons for the present. Using dozens of previously unknown examples, Professor Freedman shows how the writ of habeas corpus has been just one part of an intricate machinery for securing freedom under law, and explores the lessons this history holds for some of today’s most pressing problems including terrorism, the Guantanamo Bay detentions, immigration, Brexit, and domestic violence. Exploring landmark cases of the past - like that of John Peter Zenger - from new angles and expanding the definition of habeas corpus from a formal one to a functional one, Making Habeas Work brings to light the stories of many people previously overlooked (like the free black woman Zipporah, defendant in “the case of the headless baby”) because their cases did not bear the label “habeas corpus.” The resulting insights lead to forward-thinking recommendations for strengthening the rule of law to insure that it endures into the future.
Changing definitions of crime accompanied the economic transformation of seacoast New Hampshire from a predominantly agricultural, rural society in 1812 to one that was mainly industrial, commercial, and urban by 1914. This work analyzes a sample of 820 felony incarcerations recorded at the New Hampshire State Prison for that period. Prison records are used to analyze the role of the state prison. This study finds that the original rehabilitative mission of the prison was subordinated to the exploitation of prison inmates through the implementation of the contract labor system.