Apr 10, 2025 - Sale 2699

Sale 2699 - Lot 73

Price Realized: $ 1,188
?Final Price Realized includes Buyer’s Premium added to Hammer Price
Estimate: $ 600 - $ 900
"OUR FOUNDERS . . . THOUGHT THEY WERE REPRODUCING THE ENGLISH CONSTITUTION" (SUPREME COURT.) HOLMES, OLIVER WENDELL; JR. Autograph Letter Signed, "OWHolmesJr," to journalist and lexicographer Carl Wilhelm Ernst ("Dear Mr. Ernst"), discussing the nature of the distinction between executive and legislative powers as employed in the constitutions of the U.S. and Great Britain. 3 pages, 8vo, written on a folded sheet, "Massachusetts / Supreme Judicial Court" stationery; marked dampstain affecting upper right of first and upper left of second pages (but text still legible), moderate uneven toning to second and third pages, folds. Boston, 9 September 1893
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"I often have thought of the difficulties which might arise in trying to draw this line between Executive and Legislative functions. Of course, even if there is a principle of distinction the difference would be found to be one of degree as I am never tired of insisting that most differences are. I suspect history might have a good deal to do with the answer. . . .
". . . In Brackett v. Boston, 157 Mass 177, we had to deal with the St[atute] 1885 c. 266 which I doubt you remember provides as to 'the Executive powers of said city' (Boston)--but no attempt at distinction was made.
"You remember [Walter] Bagehot's remark in his 'English Constitution' that our founders, following Montesquieu and supposing the King to be the Executive of England, thought they were reproducing the English Constitution in sharply distinguishing the Executive and Legislative functions, ubi re vera the characteristic of the English Const'n is the fusion of the two. The true Executive being the leader of the House of Commons who goes out when he loses the majority."