Yale Law School Bicki Library Tour: Rare Constitution Books

This week's bonus content offers a tour of the Yale Law School's Bicki Library, specifically focusing on its rare book collection related to the U.S. Constitution. The tour is led by Lauren Bazaki, a third-year Yale Law student and teaching assistant for the constitutional law Coursera class, alongside Mike Widener, the head librarian for Yale Law School's rare book collection. They showcase primary and secondary sources, including state ratifying convention debates, early printings of the Constitution, and the first edition of The Federalist Papers.

Massachusetts Ratifying Convention Debates (1788)

The first item presented is a first edition of the debates from the Massachusetts ratifying convention, which took place in 1788. The book was published very soon after the convention concluded, also in 1788. It was compiled by newspaper publishers who had reported on the debates. This immediate publication in book form, derived from newspaper reports, indicates several key points:

• Market Awareness: Newspaper publishers were astute judges of their market, anticipating a wide readership for these debates.
• Interstate Influence: Given the ongoing ratification process, publishers likely believed the book would appeal beyond Massachusetts, influencing other states yet to vote on the Constitution.
• Accessibility for the Public: Professor Amar's lectures emphasize that state ratifying conventions had a lower bar for participation, allowing more people to vote than ever before. Printing these debates in newspapers and then in an accessible book format made them available to the common people, who previously lacked such opportunities.

The book contains extensive debates, though their exact accuracy, being derived from newspaper sources, is noted as potentially variable. One example highlighted is a debate about a federal district (what is now the District of Columbia), where a delegate speculates on its purpose, questioning if it was to protect legislators from public "insult." Many issues debated then, such as slavery, representation, vote counting, and the judiciary, remain relevant today.

At the end of the book, the final vote tally is recorded, listing delegates' names and their votes, along with the ratifying language. Notably, John Hancock's name appears in type as the president. This serves as a public record, demonstrating the official steps taken by the convention.

Interestingly, the book also includes statements from those who voted "nay." These individuals affirmed their opposition, stating it reflected their beliefs and those of the people they represented. However, they also acknowledged the legitimacy of the process and pledged to support the Constitution moving forward, effectively ratifying the process itself even if they disagreed with the outcome.

Early Printed Version of the Constitution

Next, an early printed version of the Constitution is presented, bound within a large book of Connecticut statutes and session laws from 1784, all post-independence. This particular volume is significant because it contains an undated but very early printing of the U.S. Constitution as a pamphlet at its beginning. This printing is acknowledged in early bibliographies.

Crucially, at the bottom of this printing, there's a statement from the people of Connecticut ratifying the Constitution, dated Hartford, January 9, 1788. This indicates it was published very soon after Connecticut's ratification.

A notable feature of this early printing is the size difference between the preamble and the articles of the Constitution. The text of the preamble is almost double the size of the articles. This visual emphasis reinforces Professor Amar's point that "We the People of the United States ordained this Constitution," highlighting the importance of democracy in the American system.

First Edition of The Federalist Papers

The final "jewel" of the collection is the first edition of The Federalist Papers. This work is considered a classic of political science globally. Like the convention debates, The Federalist Papers began as a collection of newspaper articles, making them accessible to the public.

The Federalist Papers are described as a piece of "political propaganda" or a "sales job" designed to convince the public to ratify the Constitution. It was published in two volumes, not simultaneously. The first volume collected essays already published in newspapers. The second volume, released a couple of months later, included some essays previously in newspapers and others appearing in book form for the first time.

The influence of The Federalist Papers has been immense, with debates and arguments over its content continuing to this day. It is considered a monumental work in world literature.

A unique aspect of this first edition is that the authors' names (Hamilton, Jay, and Madison) were not printed in it. The specific copy at Yale Law School is particularly special:

• Original Condition: It remains in its original, primitive pasteboard covers, which would typically have been replaced. The pages are untrimmed, making it highly prized by collectors for its near-original state.
• Historical Ownership: This copy was owned by General Samuel McLellan, a Connecticut man and veteran of the Battles of Lexington, Concord, and Bunker Hill. His descendant donated the book to Yale in the 1940s.

Encouragement to Explore Local Libraries

The tour concludes with an encouragement for viewers to explore their own local and university libraries. Librarians, like Mike Widener, are passionate about sharing books and their stories. By engaging with primary sources, individuals can gain deeper insights into historical events and potentially uncover overlooked details, much like the observation about the preamble's size in the early Constitution printing. Many great thinkers and scholars learn from primary sources, and the hope is that others will do the same.