A STATEMENT OF REASONS AGAINST THE ASSUMPTION AND EXERCISE OF EXECUTIVE AND LEGISLATIVE POWERS BY THE SUPREME JUDICIAL COURT: WITH REMARKS INTENDED TO PROVE THAT THERE IS NO LAW IN THIS STATE, CLOTHED WITH THE AUTHORITY OF THE CONSTITUTION, AGAINST THE SALE OF SPIRITUOUS LIQUORS; AND THE IMPOSSIBILITY OF SUPPRESSING THE SALE BY PENAL LAWS, WITHOUT TRANSCENDING THE POWERS, AND INVADING THE SACRED RIGHTS OF PROPERTY, WHICH ARE ESTABLISHED AND GUARANTIED BY THE CONSTITUTION OF MASSACHUSETTS
1849 · Boston
by [Junius] [pseud.]
Boston: William Chadwick, Printer, 1849. Original printed brown wrappers [entitled, 'Ex Post Facto Laws by Judicial Legislation!!'], stitched. 40pp. Light wear, Very Good. Presentation inscription on front wrapper to Whiting Griswold, and addressed to him on plain rear wrapper. Griswold was from Greenfield, Massachusetts, active in public affairs, would become active in the Republican Party, and was a Republican elector in the 1864 elections.
The Statement is an impassioned protest against the "usurpation of power" by the Massachusetts Supreme Court which, the author claims, affirmed the conviction of a man for selling liquor in violation of a statute which had been repealed. "Where is the authority to be found which gives the Supreme Court the power to REVIVE and clothe with constitutional authority, a repealed law?" The Court had reasoned that the "repeal by implication" of a law revived its predecessor statute. Junius expresses his outrage.
Cohen 9738. Sabin 36921. OCLC 46326401 [2- Yale, Newberry] [as of March 2013]. (Inventory #: 30032)