Page 21 - Delaware Lawyer -Spring 2021

And “because of their importance, the better notebooks were copied and seem to have been generally available to judges and lawyers.” Indeed, one practitioner copied all of Wilson’s “Red Book” in his own hand.52
One must agree with Professor Boorstin’s observation that it is re- markable that the reports are so com- plete — although, as he notes, the Red Book “suffers in legibility and fullness.” And, of course, as Wilson himself noted, the work was presented “without revision or correction.”
In addition to the notebook, which is safely stored in the University of Delaware library,53 there remains in Wilson’s library in Georgetown anoth- er book also in Wilson’s own hand and titled by him Notes of Cases principally from the later authors for private use. Therein is an alphabetical compendi- um of various areas of the law, running from “A” — Abatement — to “W” — Writ. Each of the sections refers to a particular area of the law and lists sa- lient case holdings on each topic and a case citation or other reference to pertinent decisions. For instance, one item under “Abatement” reads: “A dil- atory plea must be accompanied by af- fidavit or other provable grounds of its truth. Tidd 182.” And under “Writ”, Wilson writes, “A writ returnable to an improper time is merely void. 2 Wash. 214.” And so on. A full 20 pages of the 180 pages in the book are devoted to Chancery, from jurisdiction to specific proceedings.
In the front of Wilson’s Notebook, an inscription, which is handwritten and undated but presumably by Wil- son, refers to “a work called the Fed- eralist,” which must be a reference to the Federalist papers. The Federalist, according to the note writer, “is said to be a commentary upon the Const. U.S. and it is therein said the States retain all preexisting authorities not exclusively delegated to the Fedl. head. And the State Courts retain their ju-
James P. Wilson recorded 19th-century Delaware cases by hand in the Red Book.
risdiction unless it is taken away by this exclusive delegation in one of three ways. 1. Where an authority is in express terms granted to the Union. 2. Where a particular authority is granted and the exercise of a like authority is prohibited to the States. 3. When an authority is granted the Union with which a similar authority in the States would be incompatible.”54
There is a handwritten presenta- tion of the Notebook to Thomas Coo- per from “his sincere friend James P. Wilson.” Interestingly the listings in the book appear to be in two distinct handwritings, the earlier entries in one hand, the later in the other. It is tempting to speculate that the book was compiled and used by both Wilson and Cooper, with Wilson’s being the first entries, Cooper’s the later.
Other Works:
There are a number of other items of interest in the collection that be- longed to lawyers who followed Wilson and Cooper. These indicate what the well-educated professional thought of
value in the 19th century. There is Jus- tice Story’s work on the United States Constitution as well as Elliott’s work on the Constitution, with a supple- ment containing Madison’s papers on the debates. John Marshall’s biogra- phy of George Washington is includ- ed. And Samuel Johnson’s Dictionary is there, too.
A list of these books is available at www.delawarebarfoundation.org/ delaware-lawyer-publication.
Conclusion
This has been an abbreviated review of the volumes in a personal law library more than 200 years old. In the ensu- ing centuries, there have been numer- ous changes in the legal profession: the sole practitioners of the past have given way to international firms with hundreds of members; law students no longer learn from an established lawyer, but attend one of many law schools; and of course the rise of elec- tronic means that have replaced hand- written scrawls and notes and paper pages. Even so, one comes away from
SPRING 2021 DELAWARE LAWYER 19
REBECCA JOHNSON MELVIN