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(LAW.) Varnum, James. The Case, Trevett against Weeden: On Information and Complaint, for refusing Paper Bills in Payment for Butcher's Meat, in
(LAW.) Varnum, James. The Case, Trevett against Weeden: On Information and Complaint, for refusing Paper Bills in Payment for Butcher's Meat, in Market, at Par with Specie. iv, 60 pages. 8vo, later 1/4 calf, backstrip perished, covers detached. Providence, 1787
- Notes: one of the earliest examples of judicial review in america, preceding Marbury v Madison, and discussing the same checks and balances being debated at the Constitutional Convention that same year. In 1786, the Rhode Island legislature passed a law ordering that the State's paper specie be accepted at face value. Those accused of failing to comply were tried by Superior Court judges (and not by jury) and the punishment for refusing or discounting the specie was severe and without stipulation for an appeal process. Varnum, who represented Weeden, a Newport butcher who had refused payment by paper specie, argued that although Rhode Island had no formal constitution that a greater body of fundamental law existed, comprised of common rights, which could not be violated by ordinary legislation. See Goebel, History of the Supreme Court, pages 137-141. Evans 20825; Sabin 98638.
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