During the first half of the nineteenth-century American workers who went on strike were often charged with or indicted for criminal conspiracy. Wythe Holt attributes their convictions to the bias of the judges, who openly sided with the employers. This example of class identification and class conflict should be taken note of by non-Marxists
The Leninist model of working-class consciousness and that of the Commons/Perlman progressive school of labor economists have much in common. Both regard the intellectual as playing a crucial role in changing the workers\u27 consciousness
During the first half of the nineteenth-century American workers who went on strike were often charged with or indicted for criminal conspiracy. Wythe Holt attributes their convictions to the bias of the judges, who openly sided with the employers. This example of class identification and class conflict should be taken note of by non-Marxists
The recent death of Earl Warren reminds us, rather sadly, that the great Chief Justice and his Court have been subjected to withering and sometimes vicious and unfair criticism from within the academic circle.\u27 The heart of the criticism (most charitably put) has been that the Warren Court hastily, simplistically, and even unnecessarily attempted to elevate egalitarianism into a high,perhaps the highest, social value and standard for constitutional and governmental decision making. We like to think that we believe in a democracy free for all-that is the way we portray ourselves propagandistically to the rest of the world-but the truth is that most Americans would stop short of an attempt at the agonizingly difficult task of implementing egalitarianism in our land. How many times have I heard my friends, colleagues, and family conclude (sometimes openly, sometimes by inescapable inference) that a real democracy was something they neither wanted nor believed in. Thus the Warren Court critics accurately assess the inability and unwillingness of most of the country to accept its rulings.
Free Men All: The Personal Liberty Laws of the North, 1780-1861. By Thomas D. Morris. Baltimore and London: The Johns Hopkins University Press, 1974. Pp. xii, 253 (with index). 12.50.WytheHolt(reviewer)=============================ThisisthethirdpublishedvolumeoftheprojectedtwelvevolumeOliverWendellHolmesDeviseHistoryoftheSupremeCourtoftheUnitedStates.FundedbyabequestfromJusticeHolmestotheUnitedStatesandsupervisedbytheLibraryofCongress,theHistoryconstitutesanambitiousefforttosubjecttheCourttoamicroscopicexaminationstretchingfromtheoriginsoftheRepublicto1941.Thepresentvolumeisposthumous,publishedsixyearsafterthedeathofProfessorSwisher,formerProfessorofPoliticalScienceatJohnsHopkinsUniversityandauthorofthemostauthoritativebiographyofRogerB.Taney.AlthoughSwishercompletedthemanuscriptbeforehisdeathin1968,thepastsixyearshavebeengivenovertoaprotractedfinalscrutinybytheeditorinchiefoftheHolmesDeviseHistory,PaulA.Freund,whoassumedtheresponsibilityforfinallyeditingandshepherdingthevolumethroughthepress.TheTaneyPeriod,1836−1864(TheOliverWendellHolmesDeviseHistoryoftheSupremeCourtoftheUnitedStates,Volume5)−−CarlB.Swisher.NewYork:TheMacmillanCompany,1974.pp.xvii,1041.30.00
Kermit L. Hall (reviewer