Commentaries On the Constitution of the United States: With a Preliminary Review of the Constitutional History of the Colonies and States Before the Adoption of the Constitution
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Comparative Merits Of Written And Prescriptive Constitutions ......
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Comparative Merits Of Written And Prescriptive Constitutions ...
reprint
Thomas McIntyre Cooley
s.n., 1889
Law; Constitutional; Constitutional law; Law / Constitutional; Political Science / Constitutions
The Compiled Laws of the State of Michigan, Vol. 1 (Classic Reprint)
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Excerpt from The Compiled Laws of the State of Michigan, Vol. 1
In the Codes of 1820, 1827, and 1833, no attempt at any general arrangement seems to have been made beyond bu'ngug' together kindred Acts. Whenever a new Statute on any subject seemed requisite, it was prepared and passed, and printed in what was thought its appropriate place in the work. And existing Statutes were amended as the circumstances of the Territory seemed to require.
The Revision of 1838 was a single Act, divided into Parts, Titles and Chapters, after the manner of the Revised Statutes of New York. The arrangement of the Revision of 1846 was, in the main, the same, except that instead of numbering the Chapters in each Title by itself, as had been done in 1838, the progressive numbers were carried through the whole Revision.
For reasons which seemed imperative, the arrangement of 1846 has been substantially adapted in the present work. Among those reasons were the following.
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A Treatise on the Constitutional Limitations Which Rest Upon the Legislative Power of the States of the American Union. (First Ed.)
(". . . the real source of his Cooley's fame. This book or...)
". . . the real source of his Cooley's fame. This book originated from the need of introducing a course on Constitutional Law in the school. . . . The text was developed as a basis for lectures. . . . His discussion attained immediate fame and his views and suggestions practically dominated American Constitutional Law. . . . Like Blackstone, Pomeroy and many other legal works, the influence of Constitutional Limitations rests partly upon literary qualities, upon clarity and grace of unaffected statement." --James G. Rogers, American Bar Leaders 70. "The most influential work ever published on American Constitutional law." --Edward S. Corwin, Constitutional Revolution 87. Thomas McIntyre Cooley 1824-1898 was a justice of the Michigan Supreme Court and was appointed by President Grover Cleveland to serve on the Interstate Commerce Commission. He was a visiting professor at Johns Hopkins University and dean of the University of Michigan Law School. First issued in 1870, his edition of Blackstone, popularly known as "Cooley's Blackstone," was the standard American edition of the late nineteenth century. Some of his other influential publications are A Treatise on the Law of Taxation (1876) and A Treatise on the Law of Torts or the Wrongs Which Arise Independently of Contract (1878). Thomas M. Cooley Law School in Lansing, Michigan, founded in 1972, was named in his honor.
A Treatise on the Law of Taxation: Including the Law of Local Assessments
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(Constitutional history of the United States : as seen in ...)
Constitutional history of the United States : as seen in the development of American law, a course of lectures before the Political Science Association of the University of Michigan. 310 Pages.
Thomas McIntyre Cooley was an American jurist and educator. He served as the 25th Justice and a Chief Justice of the Michigan Supreme Court, from 1864 to 1885. He was also a Dean of the University of Michigan Law School from 1871 until 1883.
Background
Thomas McIntyre Cooley was descended from Benjamin Cooley, one of the selectmen of Springfield, Massachusetts, in 1646. He was born on January 06, 1824 on a farm near Attica, New York, United States. He was the eighth of the thirteen children of Thomas Cooley and his second wife Rachel Hubbard. That part of New York, then being rapidly peopled, was as yet not far advanced beyond the frontier stage; comfort depended on hard work and much of it. In later life, when Cooley had won fame and pecuniary competence, he rarely spoke, and even then reluctantly, of early hardships.
Education
Thomas had the advantage of reasonably good schooling, supplemented by his own reading; he apparently read everything he could obtain, especially works of history. He attended the public schools, which were probably of a very simple character, and later the Attica Academy, from which he was graduated in 1842. There his formal education ended, but through a long and busy life he enriched his mind and spirit with books beyond the borders of his profession. It appears that for some months each year, he taught school in the neighborhood of Attica, even before leaving the academy. In 1842 he began the study of law, chiefly at Palmyra. The next year, determined to test his fortunes farther afield, he moved to Adrian, Michigan, where he continued his studies, supporting himself by doing tasks of various kinds till his admission to the bar in January 1846.
Career
Colley started his legal practice in Adrian, Michigan. At this period he was also active in intellectual and political pursuits. In 1855 he formed a partnership in Adrian with Charles M. Croswell, later governor of the state. His fortunes began to brighten somewhat, his law business increased, and in 1857 he was chosen by the legislature of Michigan to compile the state statutes. This work he did with great thoroughness and skill, and his success doubtless brought his appointment (1858) as official reporter of the supreme court of the state. Though he had appeared but seldom before the supreme bench, there is probably truth in what was said later by one of the justices: “We appointed him because we had noticed in his management of cases, even in his early standing at the bar, a very great discrimination in picking out and enforcing the strong and important points in the case. ” Certainly that discrimination was characteristic of everything Cooley did; and in his work as reporter it was peculiarly exemplified. He held the position till 1865, and edited eight volumes of Michigan Reports, covering the years 1858-1864. The impression made by his scholarship and industry won for him election to the state supreme court (1864).
The years of uncertainty and of struggle were now behind him; ahead lay unceasing toil, but also reputation and notable accomplishment. He was successively reelected till his defeat in the spring of 1885. During his more than twenty years of service, the court as a whole had a reputation for ability and vigor. Cooley’s own work was of high order. At the time of his death a writer in the American Law Review (XXXII, 917) declared that his “numerous judicial opinions are in every respect models; they have been rarely equaled, never surpassed by English or American judges. ” When asked to select what he himself thought his best opinion, Cooley named Park Commissioners vs. Detroit, 28 Michigan, 228 (1873).
Even before his judicial duties had begun, he had taken another momentous step. When the Law Department of the University of Michigan was established in 1859 Cooley was chosen one of the three professors of law, and in that year he moved with his family to Ann Arbor, to be associated with the University for the remainder of his life. For a time he was secretary, later dean of the department. His lectures were characteristically clear, thoroughly organized, and so straightforward and even apparently simple, that the art and the drudgery involved in preparation were concealed from the listener. They were commonly written and read to his classes; they were condensed, terse and telling, but doubtless because of their very merits the students often failed to realize that they were being led unerringly by a master. In 1884 he gave up his professorship in the law school, and the next year reluctantly accepted the position of professor of American history and constitutional law in the Literary Department. This title he held until his death, but after the first few years his connection with the University was not much more than nominal or honorary.
Cooley wrote unceasingly. In 1868 he published his Treatise on the Constitutional Limitations which Rest Upon the Legislative Power of the States of the American Union. The volume is characterized by clarity of style and perfection of organization; though based on precedent and authority, it is by no means lacking in philosophic grasp or wanting in the presentation of fundamental principles of jurisprudence and of social order. A much smaller work, The General Principles of Constitutional Law (1880, 3rd ed, 1898), was for years widely used as a college text-book. In 1870 he finished his edition of Blackstone’s Commentaries (1871) with introduction and notes covering the main developments of English Law since the author’s time and indicating the differences between American law and the English system.
He published an edition of Story’s Commentaries on the Constitution (1873); and The Lazo of Taxation (1876, 4th ed. 1924). For the series of American Commonwealths he wrote Michigan, a History of Governments (1885, rev. ed. 1905), a readable and accurate state history. A considerable number of articles in periodicals and a few public addresses of importance also came from his pen. Of these and other miscellaneous writings a list is given in the Michigan Lazo Journal.
The later years of Cooley’s life were largely taken up with railroad affairs. He was called on several times to act as arbitrator in disputes. At the end of 1886 he was appointed receiver of the Wabash lines east of the Mississippi, and entered upon the task with characteristic energy, showing marked administrative capacity. In the spring of 1887 he was asked by President Cleveland to become a member of the Interstate Commerce Commission, then being organized. He accepted the position, became chairman of the commission, and at once devoted to the difficult task his customary labor and interest.
It is plain from his letters, his diary, the reports he prepared, and the testimony of his associates, Coolidge that he bore the chief burden and in great degree shaped the policy of the commission. To state in brief compass the nature and effect of his work is quite impossible; it is fair to believe that one of the Commission, writing at the time of Cooley’s retirement, did not exaggerate in saying, “You have organized the National Commission, laid its foundations broad and strong and made it what its creators never contemplated, a tribunal of justice, in a field and for a class of questions where all was chaos before. ” Worn out with labor, he resigned in September 1891.
Achievements
Cooley's reputation largely rested on his success as a publicist. The first work of importance, still an indispensable companion for everyone interested in constitutional problems, was A Treatise on the Constitutional Limitations which Rest Upon the Legislative Power of the States of the American Union (1868). His presentation of constitutional provisions designed to protect individual liberty was especially strong and influential. His most influential work was his Treatise on the Law of Torts (1879). It was long considered the authoritative American treatment. Cooley himself thought this book his best. Among his other important contributions were his Reports of the Interstate Commerce Commission.
(". . . the real source of his Cooley's fame. This book or...)
Politics
Cooley's early connections were with the Democratic party, but later, after the formation of the Republican party he entered its ranks and was thenceforth associated with it though never as an extreme partisan.
Personality
In great degree Cooley’s essential character was visible in his appearance; his face bore a look of earnestness and thought not uninfluenced by a certain benignity. Quiet, even retiring, very self-contained, he loved the companionship of intelligent people, was fond of children, and was interested in young men and their problems. His most marked qualities, aside from calmness and a dominating sense of justice, were his capacity for unremitting toil and the supreme care with which he performed his tasks.
Connections
In December 1846, Cooley married Mary Elizabeth Horton, a woman of unusual charm and character. They had six children, including Charles Cooley, a distinguished American sociologist, and Thomas Benton Cooley, a noted pediatrician. His wife died in 1890.