Lot 178
Blackstone, Sir William (1723-1780) English jurist; author of Commentaries on the Laws of England (1765-69), the definitive pre-Revolutionary War source of common law and extremely influential on jurisprudence in the United States; often quoted by the U.S. Supreme Court. Exceedingly rare ALS ("W Blackstone"), 1½pp (recto/verso), 9"x 7¾", Priory Place, 1779 Sept. 13. Written to an unidentified person about prison reform, possibly to William Eden, first Lord Auckland (1744-1814), for both he and Blackstone were deeply involved in this issue. Fine; mounting remnants at right margin of verso. Boldly penned and signed. Accompanied by an engraved portrait of Sir William. Only two Blackstone ALsS have ever appeared on the market that we know of.
In his Commentaries, Blackstone established that English law was a system of justice comparable to Roman law and the civil law of Europe. At about the same time, 1764, modern penology -- the school which assumes that criminal acts are deliberate choices -- was launched with the publication of Crimes and Punishments by Beccaria. In this letter, written the year before his death, Blackstone is setting up the English penal system: "It is with Pleasure that I acquaint you that I think I have prevailed on Mr. Howard to act as a Supervisor. He writes to me, that Sir Charles Banbury had mentioned Dr. Fothergill as One who would Take a part in such a Business, & adds that he would cheerfully act with such a Collegue. I write to Sir Charles by this Post, to learn Dr. Fothergill's Resolutions, which I hope will be as we could wish. If he accedes, the Commission will then be full; & Dr. Fothergill, Mr. Gerard, & Mr. Gayler may immediately be nominated in Council, & perhaps make some Progress this Autumn. I like some of Mr. Milne's Hints exceedingly, & understand Your Sketch of them perfectly well: I am particularly pleased with the artificial Island in which he would build the Penitentiaries. I say Islands…for I think the Inconvenience of building the Houses so as to adjoin, would overbalance the Saving made by having only one Chapel & one Set of Officers. But this consideration is at present rather premature. If we cannot engage Dr. Fothergill, perhaps Dr. Smith may serve. He has some Knowlege & Merit, & has been particularly attentive to this Subject. But I think his Powers are very limited, & that he is too apt to [be] opinionated. When once the men are fixed, the Form of the Nomination may be easily supplied."
Estimated Value $10,000 - 15,000.
|
| |
| Realized $7,763 |
