Other Pre-Fourth Amendment Sources
of the Exclusionary Rule
Lord Temple's Letter on the Seizure of
U.S. library holdings of this 1763
This pamphlet, purportedly written by a prominent
member of the House of Lords, stated exclusion
was required to remedy search and seizure
violations. Any court precedents holding otherwise,
wrote Temple, were rendered during the despotic
Father of Candor's A Letter Concerning
Libels, Warrants, the seizure of Papers
U.S. Library holdings of this 1765 pamphlet
The British author "Father of Candor" (real name
unknown) wrote and published hundreds of copies
of a pamphlet promoting the exclusion of illegally
seized evidence and linking search and seizure
principles with silence rights.
Table 3 lays out the known U.S. library holdings of another tract, a brief pamphlet
authored by Sir. William Merideth entitled A Reply to the Defence of the Majority. Like the
Father of Candor pamphlet, Merideth's Reply boldly asserted that exclusion of evidence
was the applicable remedy in cases of illegal search and seizure.
Of all those laws, under which we live and are protected, there is none more
sacred than that law, which says, that no Man shall be obliged to furnish
Evidence against Himself. In Felony, you may search for stolen Goods, but
not for other Evidence against the Thief. In Treason, you may search for and
seize Papers, in order to discover Treason, but cannot use those Papers in
Evidence against the Man in whose Custody they are found. (Page 21-22).
TABLE 3. U.S. LIBRARY HOLDINGS OF WILLIAM MERIDETH'S A REPLY TO
THE DEFENCE OF THE MAJORITY (1764)
Columbia U, Butler Rare Book library PAMPHLET 942.073Z33, visited October 9,
2009. In gutter of 2d page: "17 Nov. 1891 Stechert 56" handwritten on title page "Lord
Sniffen 1789" Bound together with other pamphlets on similar topics. Printed spine:
McCintosh Observations. (may have been author of 1st pamphlet "Observations upon the
confinement of Mr. Wilkes, address to free-born English, Charles Loyd, Defence of the
Majority. (page 17 discusses seizures to prove guilt) No discernable provenance. There is
ink writing in the margin precisely adjacent to the exclusionary discussion on p. 22 (but
nowhere else in the margins). "See case of Lord Lord Sinffin" at end.
Brigham Young U
Harvard U Houghton *EC75 L7754 765db
Johns Hopkins U
Library of Congress AC901 .M5 vol. 105, no. 4 Misc Pam
Library of Congress AC901 .M5 vol. 426, no. 3 Misc Pam
Mount Holyoke College, South Hadley, MA 413-538-2000 DA507 1764 .M4 , visited
1/6/10 Sticker on inside cover of packaging: "Estate of Viola F. Barnes" original binding
Barnes was professor of history, creator of American studies program.
Lots of quill marks in margins but not at exclusion paragraphs
New York Hist Society
New York Pub. Lib. CK p.v. 244, no. 8, visited Oct. 5, 2009. Bound together with a
number of other pamphlets Writing in ink on first page. Largely indecipherable
New York State Lib. 345.410256 F252 200-8281 1765 1 BOOK ZL/LAW (nocirc)
(Bound in: A letter concerning libel/Father of Candor, pseud. Bound w/5th ed., Postscript,
second postscript No marks, good condition except for water soak stain.
New York State Lib. 040 B, v.258(1019552.1)
Old Dominion University, Norfolk, VA
Ohio State U
Philadelphia Free Library Nov. 6, 2009 per phone conversation (visited but did not see
item) Came from "Mercantile Library" a private library in Phila. Which closed in 1944.
Rare books. Visited Nov. 3, 2009. Original paper cover, not bound, very good condition
No marks; no writing of any kind.
U Cal. Irv.
U Cal Riverside
UC San Diego
U of Delaware
U of Michigan
U of Minnesota, Duluth
U of Minnesota, Morris
U of Missouri
U of North Carolina
U C San Francisco
UC Santa Barbara
UC Santa Cruz
U Texas, Tarlton
U Texas, Tyler
U of Virginia
Yale U (Walpole Lib.) Call Number: 49 1609 9:5 Horace Walpole's notes on title-page
Yale U Law Lib #2
Yale Beineke College Pamphlets 952 2 From the library of William Whitman Farnam
Yale SML, Franklin Collection, Room 230 (Non-Circulating)
Call Number: 764 C3
Sir William Meredith's Reply to the Defence of the
Sir William Meredith's Reply to the Defence of the Majority (1764)
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