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William Rawle was an American lawyer, author, and civic leader from Philadelphia. He founded The Rawle Law Offices in 1783, which later evolved into Rawle & Henderson, the oldest law firm in the United States. Rawle is known for his influential legal texts, including A View of the Constitution of the United States of America, published in 1829. This treatise was the first comprehensive study of the United States Constitution and stirred up controversy due to Rawle's argument that the Union was not irrevocable. Rawle's work provides a systematic analysis of the Constitution's articles, historical context, and underlying philosophy. While there is no indication that William Rawle signed the Constitution, his legal career and publications, such as A View of the Constitution, contributed to the interpretation and understanding of the Constitution in the United States.
| Characteristics | Values |
|---|---|
| Name of Book | A View of the Constitution of the United States of America |
| Author | William Rawle |
| Year of Publication | 1829 |
| Edition | Second Edition |
| Place of Publication | Philadelphia |
| Publisher | Philip H. Nicklin |
| Number of Pages | 349 |
| Profession of Author | Lawyer |
| Argument | States have a right to secede from the Union |
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What You'll Learn
William Rawle's 'A View of the Constitution of the United States'
William Rawle was an American lawyer and educator from Philadelphia who served as the United States district attorney in Pennsylvania from 1791 to 1800. He founded The Rawle Law Offices in 1783, which later became Rawle & Henderson, the oldest law firm in the United States. He was also a civic leader in Philadelphia, serving as the first president of various organisations, including the Historical Society of Pennsylvania and the Pennsylvania Academy of Fine Arts.
Rawle was also a prolific writer, publishing several influential legal texts during his lifetime. One of his most notable works was "A View of the Constitution of the United States of America", which was first published in 1825, with a second edition released in 1829. This treatise was the first comprehensive study of the United States Constitution and provided a systematic analysis of its articles, historical background, and philosophy.
In his book, Rawle argued that the right of secession was necessary to uphold the fundamental right of a people to choose their own form of government. This stance stirred up controversy, as Rawle himself was a Federalist. However, his studies in government led him to the conclusion that the Union was not irrevocable. This view was particularly significant as it provided a transitional perspective between the North and the South, with his book being published between the inauguration of the Federal Government and the outbreak of the War Between the States.
Rawle's "A View of the Constitution of the United States" also included discussions on the role of the Union and the admission of new states. He asserted that the power to increase the number of members rested with the Union and not the individual states. He further emphasised the importance of guaranteeing a republican form of government for all states, with the United States authorised to oppose any state's attempt to relinquish it.
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Rawle's life and career
William Rawle was an American lawyer and educator from Philadelphia, Pennsylvania, who served as the United States district attorney in Pennsylvania from 1791 to 1800. He was born on April 28, 1759 (or 1758 according to one source), to Francis Rawle and Rebecca (Warner) Rawle. Rawle's father died when he was two years old, and his stepfather, Samuel Shoemaker, was a British Loyalist and the mayor of Philadelphia during the British occupation of the city during the American Revolutionary War.
Rawle received his basic education at the Friends Academy in Philadelphia. In 1778, when the British abandoned the city, he and his family fled to New York, where he began studying law under Attorney General John T. Kempe. In 1781, he sailed to Europe to further his legal education, attending the Middle Temple in London. While in Europe, he toured the continent before returning to Philadelphia in 1783 with the aid of a handwritten passport from Benjamin Franklin, who was then serving as the United States Ambassador to France.
Upon his return, Rawle was admitted to the Philadelphia Bar and quickly gained a reputation as a capable attorney. He founded The Rawle Law Offices in the same year, which later evolved into Rawle & Henderson, the oldest law firm in the United States. In 1791, President George Washington appointed him as the U.S. district attorney for Pennsylvania, a position he held until 1800. During this time, he played a significant role in prosecuting the leaders of the Whiskey Insurrection and Fries's Rebellion.
Rawle was also known for his abolitionist views and was a founding member of the Quaker Society, which advocated for the abolition of slavery as early as 1775. This society later became the Pennsylvania Abolition Society, and Rawle served as its president, as well as the president of the Maryland Society for the Abolition of Society. In 1805, he argued before the United States Supreme Court against the constitutionality of slavery.
In addition to his legal career, Rawle was a civic leader and had a keen interest in science, philanthropy, and education. He was a founder and the first president of the Historical Society of Pennsylvania and a member of the American Philosophical Society. He also served on the Board of Directors of the Library Company of Philadelphia and was a founder of the Pennsylvania Academy of Fine Arts. For four decades, he served as a trustee of the University of Pennsylvania.
Rawle published several influential legal texts, including "A View of the Constitution of the United States" in 1825, with a second edition released in 1829. This treatise was the first comprehensive study of the United States Constitution and provided a systematic analysis of its articles, historical background, and philosophy. It stirred controversy due to Rawle's argument that the Union was not irrevocable, suggesting that states had a right to secede.
William Rawle passed away on April 12, 1836, in Philadelphia, Pennsylvania, leaving behind a legacy as a respected attorney, educator, and civic leader.
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The Union
In his 1829 treatise, "A View of the Constitution of the United States of America", William Rawle provides a systematic analysis of the Constitution's articles, along with its historical context and underlying philosophy. Notably, Rawle, a Federalist, concludes in his final chapter on "The Union" that the right of secession is essential to the fundamental right of a people to choose their form of government. This stance stirred controversy, as it implied that the Union was not irrevocable.
Rawle's argument centres on the belief that the power to enforce the compact between states rests with the Union itself. He asserts that the United States is authorised to prevent any state within the Union from abandoning its republican form of government. This "paternal power" of the Union, as he terms it, can be invoked if a faction attempts to overthrow a state government with the aim of abolishing its republican nature. Rawle's view is that the Union's role is to safeguard the republican form of government in each state and to intervene only when requested by state authorities to prevent domestic violence or encroachment on the self-government of the state.
The context of Rawle's treatise is significant. Published midway between the inauguration of the Federal Government and the outbreak of the War Between the States, it may be seen as a transitional step between the North and the South. Rawle's work was particularly influential in the South, where it was used in schools with large numbers of southern pupils, such as the U.S. Military Academy. This treatise contributed to the belief among Confederate leaders and supporters that states had a right to secede from the Union.
Beyond his treatise, Rawle led a notable career as a lawyer and educator. He served as the United States district attorney in Pennsylvania from 1791 to 1800 and played a role in prosecuting the leaders of the Whiskey Insurrection and Fries's Rebellion. President George Washington appointed him to this position, and he went on to become the first chancellor of the Pennsylvania bar association. Rawle was also an abolitionist and a founding member of the Quaker Society, which later became the Pennsylvania Abolition Society. He argued against the constitutionality of slavery before the Supreme Court of the United States in 1805.
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The right to secession
William Rawle was an American lawyer, author, and educator from Philadelphia. He founded The Rawle Law Offices in 1783, which later evolved into Rawle & Henderson, the oldest law firm in the United States. He also served as the United States district attorney in Pennsylvania from 1791 to 1800 and was appointed to this role by President George Washington. Rawle was a pillar of Pennsylvania's legal establishment and a highly regarded attorney and educator. He was also a civic leader in Philadelphia, founding and leading several important organisations in the city.
Rawle published several influential legal texts, including the treatise "A View of the Constitution of the United States" in 1825, with a second edition in 1829. This work was the first comprehensive study of the United States Constitution and remains one of the most important. In it, Rawle provides a systematic and concise analysis of the Constitution's articles, along with their historical background and philosophy.
One of the most controversial aspects of Rawle's treatise was his argument regarding the right of secession. In the final chapter, "The Union", Rawle stated that the right of secession was necessary for the fundamental right of a people to choose their own form of government. This view led to him being considered the first to argue for secession in the United States. Rawle's judgment was that the Union was not irrevocable, and this stirred up controversy, especially as his work was a popular textbook in schools with large numbers of southern pupils, such as the U.S. Military Academy.
Rawle's argument for the right to secession was based on the principle that the people of a state have the right to choose their own form of government. If the majority of the people of a state peacefully resolve to relinquish the republican form of government, they effectively secede from the Union. However, if a faction within a state attempts to enforce a change in government through violence, Rawle argued that the Union is authorised and bound to employ its power to prevent it, as per the Constitution's guarantee to protect each state against domestic violence. This guarantee, Rawle suggested, was to be enforced by the arms of the Union if necessary.
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The Second Amendment
William Rawle was an American lawyer and author of the book 'A View of the Constitution of the United States of America', published in 1829. In this book, Rawle provides a systematic analysis of the Constitution's articles, along with their historical background and philosophy. He was a pillar of Pennsylvania's legal establishment and a highly regarded attorney and educator.
In his book, Rawle discusses the Second Amendment, which states:
> "A well-regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed."
Rawle interprets this amendment as a protection against Congress disarming the people. He argues that no clause in the Constitution could be construed to give Congress the power to disarm the citizens. He suggests that any attempt to do so would be a "flagitious attempt" that could only be made under some general pretence by a state legislature. Rawle points out that even in most European countries, the right to bear arms is not denied, although it may be granted sparingly.
Rawle's interpretation of the Second Amendment stirred up controversy, as it contradicted the views of those who supported an irrevocable Union. His argument for the right of secession and the people's right to choose their form of government caused division between the North and the South. Despite the controversy, Rawle's work remains significant as the first comprehensive study of the United States Constitution.
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Frequently asked questions
No, William Rawle did not sign the Constitution. He was, however, a lawyer, author, and educator who wrote a book called "A View of the Constitution of the United States of America" in 1829.
The book was the first comprehensive study of the United States Constitution and one of the most important. In it, Rawle provides a systematic analysis of the Constitution's articles, historical background, and philosophy.
Rawle was the first to argue for secession in the United States. In the final chapter of his book, he states that the right of secession was necessary for the fundamental right of a people to choose their own form of government.
Rawle was a pillar of Pennsylvania's legal establishment and a highly regarded attorney and educator. He was appointed by President George Washington as the U.S. district attorney for Pennsylvania in 1791 and served until 1800. He founded The Rawle Law Offices in 1783, which later became Rawle & Henderson, the oldest law firm in the U.S. He was also an abolitionist and a founding member of the Pennsylvania Abolition Society.
