Background
Benjamin Hallett was born on December 2, 1797, in Osterville, Massachusetts, United States, the son of Benjamin Hallett and Abigail (Lovell) Hallett.
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Present Chief Justice Taney, and Justices Wayne, Mc Lean, Nelson, Woodbury, and Grier. Justices Catron and Daniel were unable to sit in the cause, being confined by sickness, and Judge Mc Kinley was not present. For the Plaintiffs, Nathan Clifford, Attorney General of the United States, and B. F. Hallett. For the Defendants, Daniel Webster, John Whipple, and Alfred Bosworth. It being arranged that the two causes should be argued together, Mr. Hallett opened for the Plaintiffs. May it ple VS eyour Honors The first of these causes comes before this Court by writ of error to the Circuit Court of the United States for the District of Rhode I sland, upon a judgment pro forma against the plaintiff in error. The second is sent up from the same Court upon a certificate of division of opinion between the two Judges. Both causes involve similar questions and principles, and therefore may with great pi-opriety be argued together, the distinction between them being, that in the first the distinct issue raised is the validity of the People s Constitution, which the plaintiff claims was in force in Rhode Island ;and in the second the question is definitely raised as to the force and validity of Martial Law, under which the defendants justify their acts of trespass. If the new constitution, and laws under it, were in force in Rhode I sland, and the old Charter Government rightfully superseded thereby, then the justification of the defendants fails in both cases. I f, on the other hand, that constitution was not in force, but the Charter Legislature was in fact the law-making power, yet, if they had not the power to declare Martial Law in the manner they did, or if the act itself, and the proceedings under it, were illegal or defective, or if the defendants have failed to show their authority as subordinates, then also the defence in both cases, but especially in the latter (Typographical errors above are due to OCR software and don't occur in the book.)
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Benjamin Hallett was born on December 2, 1797, in Osterville, Massachusetts, United States, the son of Benjamin Hallett and Abigail (Lovell) Hallett.
The evangelical piety of his father, a shipmaster remembered for his sponsoring of the Bethel movement among sailors, was probably the decisive factor in the choice of Brown University, then a center of religious orthodoxy and political liberalism, as the place for young Hallett’s education. He graduated in 1816 with the stamp of a reformer on him, remained in Providence studying law, and was admitted to the Rhode Island bar in 1819.
Benjamin Hallett practised law intermittently throughout his life and was noted for a readiness to champion cases in which he could argue his favorite theory of the rights of individuals against the encroachments of governments.
An avid interest in politics prevented him, however, from devoting the time and study to law necessary to win him eminence at the bar. Hallett became a political editor and a party manager, prominent in the press and omnipresent on committees, a factor ever to be felt in shaping his party’s course.
Hallett was editor of the Providence Journal from 1821 to 1828, he then edited the Daily Advertiser, in 1829 supporting a movement for free suffrage.
Hallett was called to Boston in 1831 to edit the Antimasonic Boston Daily Advocate. He readily established himself as the leader of radical Antimasonry in Massachusetts, and when that cause seemed ready for its demise he deliberately and skilfully steered a goodly portion of his party into the ranks of Jacksonian Democracy. For a while opposition to banks and all monopoly became his creed and he fought along these lines with the zeal characteristic of him.
When the political scene shifted again, however, and the annexation of Texas became a major issue, Hallett, following the trend within his party, deserted the Van Burenites and in 1838 merged his Advocate with the Boston Post, organ of his erstwhile rivals. Thereafter party control rather than his earlier liberalism seemed to concern him. The year 1848 found him a “Hunker. ” The fifties saw him a “Doughface” steering by Southern charts. He was one of the first to support Pierce in 1852 and was rewarded by appointment as district attorney of Boston. He supported Buchanan in 1856 and wrote the Cincinnati platform. In 1860 he was ready to make further concessions to the Southern wing of the party and vigorously supported Breckinridge in the ensuing campaign. He died in September 1862 as the Civil War was demonstrating the irony of his career.
Hallett published a number of his legal arguments in pamphlet form, most notable among them being The Rights of the Marshpee Indians (1834) and The Right of the People to Establish Forms of Government (1848), his defense of the legality of the Dorr government in the case of Luther vs. Borden. He also published as pamphlets a number of speeches, letters on politics, and Fourth of July orations.
(This reproduction was printed from a digital file created...)
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(This book was originally published prior to 1923, and rep...)
(Leopold is delighted to publish this classic book as part...)
(This volume is produced from digital images from the Corn...)
(Present Chief Justice Taney, and Justices Wayne, Mc Lean,...)
On June 25, 1822, Benjamin Hallett married Laura Larned of Providence.