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The People's Privilege: The Franking Privilege, Constituent Correspondence, and Political Representation in Mid-Nineteenth Century America


In his book The Dignity of Legislation, Jeremy Waldron bemoans the lack of attention legal philosophers have paid to legislatures and legislation. This oversight, Waldron suggests, has impoverished our understanding of legislatures as legal institutions, and has led jurisprudes to see only the “indignity of legislation.” Legal historians have hardly been more attentive, preferring to leave legislatures to political historians and political scientists. So although we have myriad studies of roll call votes, for example, we lack a genuine understanding of the legal history of legislatures or legislation. Our failure to appreciate the role of legislatures and legislation is especially characteristic of studies of the pre-Civil War period, a period in which the state has been famously described as a “state of courts and parties,” and characterized by the legislature's “decline of authority.” Even those who have uncovered a rich governmental theory and practice in the nineteenth century have focused more on courts and statutory interpretation. Willard Hurst criticized this inattention to the legal history of legislatures years ago, noting the “tendency to identify legal history with the history of courts and court-made doctrine.” Our court-centered approach has left us with only a partial understanding of the role of law in American history. “In order to see law in its relations to the society as a whole,” Hurst continued, “one must appraise all formal and informal aspects of political organized power— observe the functions of all agencies (legislative, executive, administrative, or judicial) and take account of the interplay of such agencies with voters and nonvoters, lobbyists and interest groups, politicians and political parties. This definition overruns traditional boundaries dividing the study of law from study of political history, political science, and sociology.”

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Frank L. Davis , “The Declining Role of the Frank in House Elections: The Withering Effect of Sunshine?,” Polity 32 (2000): 415

Albert D. Cover , “The Electoral Impact of Franked Congressional Mail,” Polity 17 (1985): 649

Margaret Susan Thompson and Joel H. Silbey , “Research on 19th Century Legislatures: Present Contours and Future Directions,” Legislative Studies Quarterly 9 (1984): 319

David M. Henkin , The Postal Age: The Emergence of Modern Communications in Nineteenth-Century America (Chicago: University of Chicago Press, 2006)

Michael S. Foley , “A Mission Unfulfilled: The Post Office and the Distribution of Information in Rural New England, 1821–1835,” Journal of the Early Republic 17 (1997): 611

Lucille M. Schultz , “Letter-Writing Instruction in 19th Century Schools in the United States,” in Letter Writing as a Social Practice, eds. David Barton and Nigel Hall (Philadelphia: John Benjamin Publishing Co., 2000), 109–30

Richard L. McCormick , “The Party Period and Public Policy: An Exploratory Hypothesis,” The Journal of American History 66 (1979): 279, 287

B. Zorina Khan , The Democratization of Invention: Patents and Copyrights in American Economic Development, 1790–1920 (New York: Cambridge University Press, 2005), 9

Kathy J. Cooke , “Expertise, Book Farming, and Government Agriculture: The Origins of Agricultural Seed Certification in the United States,” Agricultural History 76 (2002): 524, 528

Marina Moskowitz , “Broadcasting Seeds in the American Landscape,” in Cultures of Commerce: Representation and American Business Culture, 1877–1960, eds. Elspeth H. Brown , Catherine Gudis , and Marina Moskowitz (New York: Palgrave, 2006), 926

Bruce S. Elliot , David A. Gerber , and Suzanne M. Sinke , eds., Letters Across Borders: The Epistolary Practices of International Migrants (New York: Palgrave Macmillan, 2006)

Maurice H. Weseen , “Business English: Going and Coming,” American Speech 1 (1926): 447

Peter H. Argersinger , “The Value of the Vote: Political Representation in the Gilded AgeJournal of American History 76 (1989): 59

Johanna Nicol Shields , “Whigs Reform the ‘Bear Garden’: Representation and the Apportionment Act of 1842,” Journal of the Early Republic 5 (1985): 355

J.R. Pole , “Suffrage and Representation in Massachusetts: A Statistical Note,” The William and Mary Quarterly 14 (1957): 560

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Law and History Review
  • ISSN: 0738-2480
  • EISSN: 1939-9022
  • URL: /core/journals/law-and-history-review
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