Wednesday, July 29, 2015

The Otis Family: Part 3


Two previous posts showcased some of our Otis materials, which are largely related to the legal practice of James Otis, Sr. Otis was the father of the patriot James Otis, Jr., the poet and political writer Mercy Otis Warren, and the politician Samuel Allyne Otis.

This 1738 document is an indenture binding Hannah Attequin, a Native American woman from Mashpee, to Silvanus Bourn. Bourn was a wealthy merchant and lawyer living in Barnstable. He also served as judge of the Barnstable Court of Common Pleas, becoming Chief Justice of the Court of Common Pleas before his death. Additionally, Bourn  was a member of the Governor’s Council, Register of Probate, and then Judge of Probate for Barnstable County. The indenture transfers Attequin’s debt from the recently deceased Joseph Hinckley over to Bourn, who was actually Hinckley’s uncle. Though the indenture states that Attequin was binding herself to Bourn, her signature is nowhere to be found in the document.

James Otis, Sr., alongside John Gorham, acted as a justice of the peace in witnessing the document. Otis and Bourn were neighbors, friends, and cousins by marriage. Both were active public figures in Massachusetts, with Otis being appointed judge of the Court of Common Pleas and judge of Probate for Barnstable County the year after Bourn died. Additionally, the two acted together as guardians of the local Mashpee Indian tribe.

From looking at various genealogical records, including this site and this book, we believe that Joseph Hinckley, the previous party to the indenture, was the great-grandson of Samuel Hinckley, Sr. Samuel is also known for being the common ancestor of three presidents: George W. Bush, George H.W. Bush, and Barack Obama.

Many thanks to Robert Rubin for his helpful description of this item. Some of the information in this post comes from The Otis Family in Provincial and Revolutionary Massachusetts by John J. Waters, Jr.

Tuesday, July 14, 2015

Recent Acquisition: More from Joseph Story on Proposed Federal Bankruptcy Law


A previous post introduced readers to the correspondence between Joseph Story and William Tudor. At the time of the letters, Story (1779-1845) was serving as an Associate Justice of the United States Supreme Court. Tudor, who wanted to serve as the Massachusetts Commissioner of Bankruptcy as his father had, sought a letter of recommendation from Story. The initial request came from Tudor as Congress was considering a new bankruptcy bill, which Story emphatically supported. In our previously acquired letter, Story wrote that he was uncertain whether the legislation would grant appointment power to the executive or judicial branch.

In this letter, dated five months later, Story obliges Tudor with the requested letter of recommendation. He reminds Tudor that, as the bill stood at the time of writing, the appointment commission would be made up of State judges. Story notes that if the legislation were amended to give appointment power to the executive branch, Tudor would need to forward the recommendation to the President. At that time, he would have been referring to James Monroe.

Ultimately, the bill in question failed to pass. This would disappoint Story, who long advocated for a federal bankruptcy law. He would go on to aid in drafting similar legislation that was eventually passed by Congress in 1841, making it the first federal bankruptcy law enacted since the repeal of the Bankruptcy Act in 1803. Story would continue to serve on the Supreme Court until his death in 1845. To this day, he is the youngest Supreme Court Justice at the time of appointment.

Many thanks to Michael von der Linn at Lawbook Exchange for the description on which this post is based.

Monday, June 29, 2015

New Acquisition: Commonplace Book of a Massachusetts Practitioner

This new acquisition is commonplace book filled in by Julian Abbot (1806-1891), a 19th century lawyer in Lowell, Massachusetts. The book, called the Index Rerum: Or Index of Subjects..., Northampton, MA,1836 (3rd edition), is essentially blank, with the creator, Rev. John Todd of Northampton, providing an organizational structure for keeping track of valuable information. In the preface, Todd states that "the Index is ruled with blue ink, with a wide margin on the left hand of each page. The margin is to contain the word selected as a guide to the subject noted down. On the corners of the page, you will find the letters of the alphabet (capitals) and in the center, the first five vowels..." Entries were to be alphabetized based on the first letter and then the first vowel following that. Law students and lawyers like Abbot could use this structure to keep track of helpful precedents and treatise passages on important legal topics.

Julian Abbot did not fill in all of the pages, but he did write a fair number of entries, beginning with Acceptance and ending with the Writ of Withernam. There are several notes in the blanks at the end, including a list of legal maxims in Latin. Abbot's entries help us understand what an American lawyer at this time was studying and what sources he was using. He cites to a whole host of legal sources that are in our working lawyer's collection in the Rare Book Room. Case law citations abound, particularly to Massachusetts cases, but Abbot also quotes passages from U.S. and New Hampshire cases, among others. He also references a wide variety of treatises, including Blackstone's Commentaries, Kent's Commentaries, Story on Conflicts, Greenleaf on Evidence, Russell on Crime, Chitty on Contracts, and many others. There's also the occasional non-legal entry, including a passage from Goethe about Cervantes and Don Quixote.

Wednesday, April 29, 2015

The Otis Family: Part 2

A prior post introduced our readers to a bit of information on our Otis materials, which are largely related to the legal practice of James Otis, Sr. (father of the famous patriot).

Today's item of interest is a 1733 writ of execution, issued by court clerk John Sturgis, in a matter involving a suit by James Otis, Sr. against Noah Wepquish, a member of the Mashpee tribe. According to the document, Otis had represented Noah's son, Phillip, in a criminal case. Phillip had  been charged with night burglary of a dwelling house and was facing a possible sentence of death. Otis claimed that Noah had promised a fee of three pounds if Phillip escaped with his life. Otis further claims that he will show at trial that Phillip "was not found worthy of death, that his time & well worth three pounds, yett the deft [the defendant, Noah Wepquish] refuses to pay...."

In this writ, clerk Sturgis orders the sheriff to attach Noah's goods or estate to the value of six pounds. A notation on the verso indicates that the defendant maintained that he had made no such promise to Otis. I'd love to go digging through the Barnstable, Massachusetts court records at some point to see how this played out...

Next time? A 1738 indenture binding a Mashpee woman to serve a Barnstable man.

Many thanks to Robert Rubin of Robert H. Rubin Books for his wonderful description of this item, on which this post is based. His keen eye and transcription made it much simpler for me to understand the circumstances surrounding this issuance of this writ.

Tuesday, April 14, 2015

New exhibit in the Rare Book Room--"Exploring Magna Carta"

I'm happy to announce that there's a new exhibit on display in our Daniel R. Coquillette Rare Book Room. Since the 800th anniversary of Magna Carta is this June, it seemed like a good opportunity for an exhibit on that topic. Exploring Magna Carta will be on display through most of August. It features many books that Professor Coquillette discusses with his Anglo-American Legal History students during one of their visits to the Rare Book Room each fall.

Please take a look at our exhibit website, which links to the catalog and features descriptions and photos of several items on display.

Friday, February 13, 2015

Happy Valentine's Day!

This Valentine’s Day postcard serves as an artistic expression of the heartwarming love that the general population often feels toward lawyers. A heavyset attorney, covered from head-to-toe in damning evidence, including no fewer than three murder weapons, sees a potentially large fee if he manages to obtain an acquittal. Through his tenacity, the lawyer will have his clients “discharged without fail.”

This postcard is part of a long, unflattering tradition of associating lawyers with greed. However, there's also the positive association of determination and cleverness: in spite of the physical evidence of his client's guilt, this lawyer will zealously argue on his behalf.

For more law-related postcards, all generally donated by law professor Michael Hoeflich, please visit our Rare Book Room exhibit, or check out the exhibit webpage.

~Written by our terrific intern, Alexa "Lexy" Bader (BC, College of Arts & Sciences, class of 2016).

Friday, January 23, 2015

The Otis Family: Part 1

For many of us, the name James Otis brings up images of a Revolutionary patriot arguing against writs of assistance and decrying taxation without representation. What I, at least, didn't know was that  this Otis (James Otis, Jr.) was just the most famous in a long line of practicing Otis attorneys in Barnstable and Plymouth Counties.

We have several books in our collection with an Otis provenance--more on that later--and recently had to good fortune to acquire some documents that were actually produced in the course of the everyday legal practice of James Otis, Sr. (father of the famous patriot).

First up is this docket of cases heard in Plymouth in December 1736. The list is in Otis Sr.'s hand, and includes some 92 different matters. A couple involve Otis himself as plaintiff in default actions. Some others presumably were cases in which he was representing one of the parties, but it's hard to know how many in which he was directly involved.

In addition to notes about the type of case (usually 'default,' though sometimes 'appeal'), some matters have an "X" notation; others have a "B" or "P". What might these notes mean?

Next time? A writ of execution against Noah Wepquish, a member of the Mashpee tribe, for unpaid legal fees that Otis Sr. earned when representing the Wepquish's son in a capital case.

Update--Otis Family: Part 2