Fries's Rebellion and American Political Culture, 1798-1800

Total Page:16

File Type:pdf, Size:1020Kb

Fries's Rebellion and American Political Culture, 1798-1800 Fries's Rebellion and American Political Culture, 1798-1800 URING THE SAME WEEK IN MAY 1800 that President John Adams dismissed his Hamiltonian secretaries, Timothy Pickering Dand James McHenry, a federal court in Philadelphia convicted John Fries of treason for a second time and, for a second time, sentenced him and two accomplices to be hanged. In March of the previous year, Fries had led a group of armed German-American citizens to secure the release of some federal prisoners in Bethlehem, Pennsylvania, where they had been jailed for resisting a federal tax. These citizens have often been portrayed as confused, illiterate, and ignorant Germans, who simply protested the muscle of outside authority squeezing their insulated and parochial autonomy.1 It might also seem natural to assume that the tax resisters and rescuers resorted to violence, much as most eighteenth- century mobs seeking redress of political grievances were wont to do. An earlier version of this essay was read before the annual meeting of the Pennsylvania Historical Association in Chambersburg, October 1993 Research for this essay was funded in part by a Hallam Fellowship granted by the University of Kentucky In the course of researching, writing, revising, and thinking about this essay, I became indebted to a number of friends and colleagues whose help and suggestions proved invaluable Lance Banning, Daniel Blake Smith, Owen Ireland, William Pencak, James Morton Smith, Paul Doutnch, George C Herring, Thomas Cogswell, Thomas J Kiffmeyer, Matthew G Schoenbachler, Robert Jackman, Craig Friend, Todd Estes, the referees of Pennsylvania Magazine of History and Biography, Leon and Annette Magruder, Mike and Jo Hopwood, Doug and Peggy Newman, and most important, Judi and Forrest Newman Such is the claim made by Peter Levme, "The Fries Rebellion Social Violence and the Politics of the New Nation," Pennsylvania History 40 (1973), 241-58 More recently, in The Age of Federalism The Early American Republic, 1788-1800 (New York, 1993), 696-700, Stanley Elkins and Enc McKitnck explain the rebellion as the misguided product of the "parochial view [the Pennsylvania Germans] had of the outside world," and "their ignorance—about which current impressions are certainly not unfounded " For accounts of Fries's Rebellion that characterize the incident as a cultural misunderstanding by ignorant Germans, see Thomas Carpenter, stenographer, The Two Trials of John Fries (Philadelphia, 1800), W W H Davis, The Fries Rebellion (Doylestown, Pa , 1899), Jane Schaffer Elsmere, "The Trials of John Fries," Pennsylvania Magazine of History and Biography (hereafter, PMHB) 103 (1979), 432-35, Dwight F Henderson, "Treason, Sedition, and Fries' Rebellion," Journal of Legal History 14 (1970), 308-17, Louis Weinstein, "The Fries Rebellion," M A thesis, Temple University, 1939, Francis Wharton, State Trials of the United States during the Administrations of Washington and Adams (Philadelphia, 1849), 458-648 THE PENNSYLVANIA MAGAZINE OF HISTORY 6C BIOGRAPHY Vol. CXIX, Nos. 1/2 (January/April 1995) 38 PAUL DOUGLAS NEWMAN January/April Yet the resistance and the rescue produced neither injury nor damage to property. Still more puzzling, the German Americans explained their resistance to the direct tax on constitutional grounds and defended their actions in constitutional terms as well.2 Nevertheless, the so-called "Fries Rebellion" appeared to the Federalist administration simply as Pennsylva- nia's second armed insurrection in five years, and many Federalists suspected that it was the lack of capital punishment in the first case that precipitated the second.3 Worse still, they also suspected that the French and their American sympathizers, the Republican Party, had orchestrated the entire affair.4 Thus, the "friends of order" urged that an example be 2 Thomas P. Slaughter, "Crowds in Eighteenth-Century America: Reflections and New Directions," PMHB 115 (1991), 3-34. Professor Slaughter's article rebukes the "consensus school"—particularly Jack Greene, Pauline Maier, Bernard Bailyn, Gordon Wood, and Paul Gilje—for their portrayal of eighteenth-century extralegal mob action as increasingly conservative, acceptive of authority, and diminishing in their violent character. To challenge the consensus model, Slaughter points to example after example of mob violence in Pennsylvania, stressing its continuity from the colonial era, through the Revolution and the founding, and into the nineteenth century. He then offers his own model to explain the peculiarly violent nature of early American mob action: the concept of liminality. Liminality, which he borrows from the work of political theorist Anne Norton, "is a threshold state betwixt and between existing orders" and "liminars ... are between identities" or "[i]n politics they are between allegiances." Slaughter continues to explain that "[l]iminal status can be the consequence of comparative economic and/or educational deprivation; it can be ethnically, racially, and/or gender based; and it can be the consequence of life on a territorial frontier." Living on various forms of frontiers, "[l]iving at the fringes of power—cultural, political, and economic—people on the frontier are typically, perhaps definition- ally, contemptuous of authority . forced to rely on a justice less influenced by law . and lived in a more interpersonally violent world" (pp. 12-14). Yet there are exceptions to Slaughter's model just as he found exceptions to the consensus model. In almost every way, the Fries Rebels were liminars—ethnically, politically, territorially, educationally, and linguistically. However, when the time came to mobilize for extralegal action they were conspicuously nonviolent in an age when political violence was indeed the norm. And their actions represented attempts to maintain and reaffirm their place within their concept of the existing political order rather than an endeavor to overthrow it. Indeed, they opposed their Federalist leaders not in contempt for national political authority, but to defend and to hold them accountable to the federal Constitution which granted that authority. For another account of the extent and typicality of interpersonal and political violence, see Thomas P. Slaughter, "Interpersonal Violence in a Rural Setting: Lancaster County in the Eighteenth Century," Pennsylvania History 58 (1991), 98-123. 3 Timothy Pickering to James Pickering, June 7, 1800, in The Timothy Pickering Papers (hereafter, Pickering Papers), ed. Frederick S. Allis (Boston, 1966), Massachusetts Historical Society, microfilm, 13:542. 4 Federalist newspapers repeatedly cited the French as the instigators behind the insurrection. See the New York Daily Advertiser, March 23, 1799, or the Gazette of the United States, April 11, 1799. Personal correspondence of the Federalists and the military sent to quell the rebellion, such as a report sent from Captain Adlum to Secretary of War James McHenry, July 22, 1799, in Bernerd Steiner, ed., The Life and Correspondence of James McHenry (hereafter, LCJM) 1995 FRIES'S REBELLION 39 made of Fries, with the loudest cries resonating from the Hamiltonian wing of the party. However, just days before the execution, John Adams, the man who had dispatched a formidable army to quell the rebellion the previous year, ignored the advice of his cabinet and issued Fries and his accessories complete pardons. To the Hamiltonians—specifically Secretary of the Treasury Oliver Wolcott, former Secretary of War James McHenry, recently fired Secretary of State Timothy Pickering, and Hamilton him- self—this seemed the president's most inexplicable act. The pardon appeared to confirm the Hamiltonian perception that the president was sacrificing the Federalist Party and, with it, the future of the young republic for a chance to retain office in November.6 Adams's behavior since 1799 had convinced Hamiltonians that the president had forged a "corrupt bargain" with the "French Party" and its candidate, Thomas Jefferson, in a last-ditch effort to appease the Republicans and secure the vice-presidency for himself.7 By July 1800, the Hamiltonians had withdrawn their support for Adams's reelection and conceded that the nation could not possibly do worse, even in the hands of a Jacobin. The presidential pardon of John Fries was the last in a series of events that culminated in the Adams-Hamiltonian schism. Until the pardon, and (Cleveland, 1907), 437, also display suspicion of French involvement Opinions concerning the French and the French Revolution became a barometer for American political division by the mid-1790s, as Republicans vocally supported their cause as allies and Federalists denounced the disorder and violence unleashed by the French Revolution On this point see Lance Banning, "Jeffersonian Ideology and the French Revolution A Question of Liberticide at Home," Studies in Burke and His Time 17 (1976), 5-26 5 For the Federalists as the "friends of order" against rebellious disorder, see Thomas P Slaughter, The Whiskey Rebellion (New York, 1987) 6 Timothy Pickering to James Pickering, June 7, 1800, Pickering Papers, 13 542 All the secretaries agreed that at least Fnes ought to hang 7 Ibid 8 Most historians attnbute the Federalist schism to Adams's repugnance at the presence of Hamilton's cronies in his cabinet and Adams's repeated failure to consult with those secretaries, Adams's suspicion of Hamilton's role in the army, his belief in a limited standing army, his decision to send a peace envoy to France in 1799 without cabinet consultation,
Recommended publications
  • THE CATHOLIC UNIVERSITY of AMERICA the Bill of Rights And
    THE CATHOLIC UNIVERSITY OF AMERICA The Bill of Rights and Federalism: An Interpretation in Light of the Unwritten Constitution A DISSERTATION Submitted to the Faculty of the Department of Politics School of Arts and Sciences Of The Catholic University of America In Partial Fulfillment of the Requirements For the Degree Doctor of Philosophy © Copyright All Rights Reserved By Joseph S. Devaney Washington, D.C. 2010 The Bill of Rights and Federalism: An Interpretation in Light of the Unwritten Constitution Joseph S. Devaney, Ph.D. Director: Claes G. Ryn, Ph.D. According to conventional understanding, the primary purpose behind the framing and ratification of the Constitution was to preserve liberty through a form of government that provided for a highly structured system of federalism and separation of powers. The primary purpose behind the framing and ratification of the Bill of Rights was to allay Anti-Federalist fears that the Constitution did not sufficiently secure individual rights. For that reason, the original Constitution is frequently contrasted with the Bill of Rights. Yet distinguishing between the Constitution and the Bill of Rights obscures more about the nature of the Bill of Rights than it discloses. It is agreed that one of the primary Anti-Federalist objections to the Constitution was the absence of a bill of rights. A close examination of the debate over the absence of a bill of rights reveals that the first ten amendments to the Constitution occupy a much more complex place in the constitutional scheme than is commonly assumed. While individual rights did constitute an important theme during the ensuing debate concerning the importance of a bill of rights, they were not the only theme or even the prevailing theme.
    [Show full text]
  • Copyright © 1989, 2000, 2006, by Salem Press, Inc. Copyright © 2015 by Salem Press, a Division of EBSCO Information Services, Inc., and Grey House Publishing, Inc
    Copyright © 1989, 2000, 2006, by Salem Press, Inc. Copyright © 2015 by Salem Press, A Division of EBSCO Information Services, Inc., and Grey House Publishing, Inc. All rights reserved. No part of this work may be used or reproduced in any manner whatsoever or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording, or any information storage and retrieval system, without written permission from the copyright owner. For permission requests, contact [email protected]. For information contact Grey House Publishing/Salem Press, 4919 Route 22, PO Box 56, Amenia, NY 12501. ¥ The paper used in these volumes conforms to the American National Standard for Permanence of Paper for Printed Library Materials, Z39.48-1992 (R1997). Publisher's Cataloging-In-Publication Data (Prepared by The Donohue Group, Inc.) American presidents.—Fourth edition / editor, Robert P. Watson, Lynn University. 2 volumes : illustrations, maps ; cm “Editor, First Edition, Frank N. Magill ; editors, Third Edition, Robert P. Watson, Florida Atlantic University [and] Richard Yon, University of Florida.” Includes bibliographical references and index. Contents: Volume 1. The American Presidency, George Washington–Woodrow Wilson —volume 2. Warren G. Harding–Barack Obama, Index. ISBN: 978-1-61925-940-9 (set) ISBN: 978-1-68217-081-6 (v.1) ISBN: 978-1-68217-082-3 (v.2) 1. Presidents—United States—Biography. 2. Presidents—United States—History. 3. United States—Politics and government. I. Watson, Robert P., 1962- E176.1 .A6563 2015 973.09/9 B First Printing Printed in the United States of America Introduction The Pageantry of the Presidency forty-third man to hold the office, but he was To many people, the presidency is the most vis- the forty-fourth president because Grover ible part of the U.S.
    [Show full text]
  • Presidents Worksheet 43 Secretaries of State (#1-24)
    PRESIDENTS WORKSHEET 43 NAME SOLUTION KEY SECRETARIES OF STATE (#1-24) Write the number of each president who matches each Secretary of State on the left. Some entries in each column will match more than one in the other column. Each president will be matched at least once. 9,10,13 Daniel Webster 1 George Washington 2 John Adams 14 William Marcy 3 Thomas Jefferson 18 Hamilton Fish 4 James Madison 5 James Monroe 5 John Quincy Adams 6 John Quincy Adams 12,13 John Clayton 7 Andrew Jackson 8 Martin Van Buren 7 Martin Van Buren 9 William Henry Harrison 21 Frederick Frelinghuysen 10 John Tyler 11 James Polk 6 Henry Clay (pictured) 12 Zachary Taylor 15 Lewis Cass 13 Millard Fillmore 14 Franklin Pierce 1 John Jay 15 James Buchanan 19 William Evarts 16 Abraham Lincoln 17 Andrew Johnson 7, 8 John Forsyth 18 Ulysses S. Grant 11 James Buchanan 19 Rutherford B. Hayes 20 James Garfield 3 James Madison 21 Chester Arthur 22/24 Grover Cleveland 20,21,23James Blaine 23 Benjamin Harrison 10 John Calhoun 18 Elihu Washburne 1 Thomas Jefferson 22/24 Thomas Bayard 4 James Monroe 23 John Foster 2 John Marshall 16,17 William Seward PRESIDENTS WORKSHEET 44 NAME SOLUTION KEY SECRETARIES OF STATE (#25-43) Write the number of each president who matches each Secretary of State on the left. Some entries in each column will match more than one in the other column. Each president will be matched at least once. 32 Cordell Hull 25 William McKinley 28 William Jennings Bryan 26 Theodore Roosevelt 40 Alexander Haig 27 William Howard Taft 30 Frank Kellogg 28 Woodrow Wilson 29 Warren Harding 34 John Foster Dulles 30 Calvin Coolidge 42 Madeleine Albright 31 Herbert Hoover 25 John Sherman 32 Franklin D.
    [Show full text]
  • The Star Fort, September, 1814
    D-JLJ- UNITED STATES DEPARTHEI'irrr OF THE INTERIOR NATIONAL PARK SERVICE FORT MCHENRY NATIONAL MONUMENT AND HISTORIC SHRINE BALTIMORE 30, MARYLAND \\St ARtftlOlOGY The .Star Fort, September, 1814 Prepared by: Dr. W. Richard Walsh Contract Historian · Georgetown University Georgetown, D.C. November, 1958 r~ , .. I . ,. .. - •• '' I• ,•' --:• ' . '·· ~ -,, .. ., . · .· .. :· .·. • , :: .:'~ .: :/ F.1 _r1 .. .J '~ l. \ '. \~ IJ li :i. /:i1('fl ---. \J .. •• 1 : ... .. .. .. ,,.. - l ~ j Table of Contents Page Frontispiece ••••••••••••••• • • • • ii I. Introduction • • • • • • • • • • • • • • • • • • • 1 II. The Star Fort, September 12-14, 1814 • • • • • • • 7 24 III. Conclusions. • • • • • • • • • • • • 3 • • • • • • ._: I f ,\ .. i ) ~ ',...___/ Errata p .. 2, line 60 '0 indiaten should read '0 indicate.io p. 3, line 4o "war-fare" should read 10 warfareo 18 p. a, line 8. "amatuer" should read "amateur.~ p .. 7, fn. 1, line 5. "principle" should read ~principal." p. 9, line 12. "wa.tteries" should read "batteries. ~ p. 10, · line 10. Delete "which." p .. 10, line 11. "patforms" should read "platforms." p. 10, line 17. "Descius" should read "Decius." p. 13, fn. \:1 9 line 5. "Jessup" should read "Jesupn in this and all subsequent mention of the name. o. 19, line 16~ "orciinarilly" should read "ordinarily .. '° p. 26, line 5. "Carrol" should read "Carroll." p. 26, line 7. "confederates" should read "Confederates." .a- -. ( ... ~ "'·. / I Introduction In 1776, Baltimore prepared itself for. attack by the British~ Already apprehensive because of threats from the sea by His Majesty's vessel, the Otter, the Committee of Safety choose Whetstone Point as the best fortifiable site against enemy destruction to the Baltimore harbor. A fort of sorts was therefore erected, but because the threat of a general naval attack never materialized and the actual fight­ ing of the war of the Revolution by-passed Baltimoreans, a well armed Fort vVhetstone was not accomplished.
    [Show full text]
  • Z Fort Mchenry National Monument and Historie Shrine Baltimore 30
    t ïoyic.1 tío ¿z CRBiB# OOlbÇÇ 1 0 -2 3 (M ay 1929) UNITED STATES DEPARTMENT OF THE INTERIOR NATIONAL PARK SERVICE _____________________ NATION AL P A R K Fort McHenry National Monument and Historie Shrine Baltimore 30, Maryland FILE NO. H2215-A Research for HARP at The Library of Congress Prepared by: George C. Mackenzie Park Historian Fort McHenry National Monument and Historic Shrine May 1, 1958 IM P O R TA N T This file constitutes a part of the official records of the National Park Service and should not be separated or papers withdrawn without express authority of the official in charge. All Files should be returned promptly to the File Room. Officials and employees will be held responsible for failure to observe these rules, which are necessary to protect the integrity of the official records. ARNO B. CAMMERER, V. S. GOVERNMENT TRINTING OFFICH 6—7410 Director. UNITED STATES DEPARTMENT OF THE INTERIOR NATIONAL PARK SERVICE FORT MCHENRY NATIONAL MONUMENT AND HISTÓRIC SHRINE BALTIMORE 30, MARYLAND Research for HARP at The Library of Congress Prepared by: George C. Mackenzie Park Historian Fort McHenry National Monument and Historic Shrine TABLE OF CONTENTS Page 1. Introduction .... ............ ...... 1 2. Survey of Material ........................... 5 3. Materials Examined......................... 21 4. Materials Remaining for Examination ......... 26 ii Introduction The primary objective that guided my research at the Library of Congress was to complete an examination of all collections, both English and American, believed to include information rele­ vant to Fort McHenry or the events leading to the attack on Baltimore. This work was done under the auspices of the Histori­ cal and Archeological Research Project, whioh was started May 1, 1957.
    [Show full text]
  • Maryland Historical Magazine, 1946, Volume 41, Issue No. 4
    MHRYMnD CWAQAZIU^j MARYLAND HISTORICAL SOCIETY BALTIMORE DECEMBER • 1946 t. IN 1900 Hutzler Brothers Co. annexed the building at 210 N. Howard Street. Most of the additional space was used for the expansion of existing de- partments, but a new shoe shop was installed on the third floor. It is interesting to note that the shoe department has now returned to its original location ... in a greatly expanded form. HUTZLER BPOTHERSe N\S/Vsc5S8M-lW MARYLAND HISTORICAL MAGAZINE A Quarterly Volume XLI DECEMBER, 1946 Number 4 BALTIMORE AND THE CRISIS OF 1861 Introduction by CHARLES MCHENRY HOWARD » HE following letters, copies of letters, and other documents are from the papers of General Isaac Ridgeway Trimble (b. 1805, d. 1888). They are confined to a brief period of great excitement in Baltimore, viz, after the riot of April 19, 1861, when Federal troops were attacked by the mob while being marched through the City streets, up to May 13th of that year, when General Butler, with a large body of troops occupied Federal Hill, after which Baltimore was substantially under control of the 1 Some months before his death in 1942 the late Charles McHenry Howard (a grandson of Charles Howard, president of the Board of Police in 1861) placed the papers here printed in the Editor's hands for examination, and offered to write an introduction if the Committee on Publications found them acceptable for the Magazine. Owing to the extraordinary events related and the revelation of an episode unknown in Baltimore history, Mr. Howard's proposal was promptly accepted.
    [Show full text]
  • The Honorable James Knoll Gardner James Knoll Gardner
    UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA SPECIAL SESSION OF THE COURT PORTRAIT UNVEILING AND MEMORIAL SERVICE OF The Honorable THE HONORABLE JAMES KNOLL GARDNER JAMES KNOLL GARDNER FRIDAY, THE ELEVENTH DAY OF MAY TWO THOUSAND AND EIGHTEEN THREE O’CLOCK IN THE AFTERNOON COURTROOM 4B, 4TH FLOOR EDWARD N. CAHN COURTHOUSE & FEDERAL BUILDING 504 W. HAMILTON STREET ALLENTOWN, PENNSYLVANIA 18101 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA JUDGES OF THE UNITED STATES DISTRICT COURT CHIEF JUDGE Honorable Lawrence F. Stengel JUDGES Honorable Petrese B. Tucker Honorable Nitza I. Quiñones Alejandro Honorable Cynthia M. Rufe Honorable Jeffrey L. Schmehl Honorable Timothy J. Savage Honorable Gerald A. McHugh Honorable Gene E.K. Pratter Honorable Edward G. Smith Honorable Paul S. Diamond Honorable Wendy Beetlestone Honorable Juan R. Sánchez Honorable Mark A. Kearney Honorable Joel H. Slomsky Honorable Gerald J. Pappert Honorable C. Darnell Jones II Honorable Joseph F. Leeson, Jr. Honorable Mitchell S. Goldberg SENIOR JUDGES Honorable J. William Ditter, Jr. Honorable Eduardo C. Robreno Honorable Robert F. Kelly Honorable Anita B. Brody Honorable Jan E. DuBois Honorable Berle M. Schiller Honorable Harvey Bartle III Honorable R. Barclay Surrick Honorable John R. Padova Honorable Michael M. Baylson Honorable J. Curtis Joyner CLERK OF COURT Kate Barkman HONORABLE HONORABLE JAMES KNOLL GARDNER JAMES KNOLL GARDNER James Knoll Gardner served with distinction as a judge of the United States District Court for the Eastern District of Pennsylvania for SEPTEMBER 14, 1940 - APRIL 26, 2017 more than 15 years. He was nominated by President George W. Bush and confirmed by the Senate October 2, 2002.
    [Show full text]
  • H. Doc. 108-222
    FOURTH CONGRESS MARCH 4, 1795, TO MARCH 3, 1797 FIRST SESSION—December 7, 1795, to June 1, 1796 SECOND SESSION—December 5, 1796, to March 3, 1797 SPECIAL SESSION OF THE SENATE—June 8, 1795, to June 26, 1795 VICE PRESIDENT OF THE UNITED STATES—JOHN ADAMS, of Massachusetts PRESIDENT PRO TEMPORE OF THE SENATE—HENRY TAZEWELL, 1 of Virginia; SAMUEL LIVERMORE, 2 of New Hampshire; WILLIAM BINGHAM, 3 of Pennsylvania SECRETARY OF THE SENATE—SAMUEL A. OTIS, of Massachusetts DOORKEEPER OF THE SENATE—JAMES MATHERS, of New York SPEAKER OF THE HOUSE OF REPRESENTATIVES—JONATHAN DAYTON, 4 of New Jersey CLERK OF THE HOUSE—JOHN BECKLEY, 5 of Virginia SERGEANT AT ARMS OF THE HOUSE—JOSEPH WHEATON, of Rhode Island DOORKEEPER OF THE HOUSE—THOMAS CLAXTON CONNECTICUT GEORGIA Richard Potts 17 18 SENATORS SENATORS John Eager Howard Oliver Ellsworth 6 James Gunn REPRESENTATIVES James Hillhouse 7 James Jackson 14 8 Jonathan Trumbull George Walton 15 Gabriel Christie 9 Uriah Tracy Josiah Tattnall 16 Jeremiah Crabb 19 REPRESENTATIVES AT LARGE 20 REPRESENTATIVES AT LARGE William Craik Joshua Coit 21 Abraham Baldwin Gabriel Duvall Chauncey Goodrich Richard Sprigg, Jr. 22 Roger Griswold John Milledge George Dent James Hillhouse 10 James Davenport 11 KENTUCKY William Hindman Nathaniel Smith SENATORS Samuel Smith Zephaniah Swift John Brown Thomas Sprigg 12 Uriah Tracy Humphrey Marshall William Vans Murray Samuel Whittlesey Dana 13 REPRESENTATIVES DELAWARE Christopher Greenup MASSACHUSETTS SENATORS Alexander D. Orr John Vining SENATORS Henry Latimer MARYLAND Caleb Strong 23 REPRESENTATIVE AT LARGE SENATORS Theodore Sedgwick 24 John Patten John Henry George Cabot 25 1 Elected December 7, 1795.
    [Show full text]
  • Federalist Politics and William Marbury's Appointment As Justice of the Peace
    Catholic University Law Review Volume 45 Issue 2 Winter 1996 Article 2 1996 Marbury's Travail: Federalist Politics and William Marbury's Appointment as Justice of the Peace. David F. Forte Follow this and additional works at: https://scholarship.law.edu/lawreview Recommended Citation David F. Forte, Marbury's Travail: Federalist Politics and William Marbury's Appointment as Justice of the Peace., 45 Cath. U. L. Rev. 349 (1996). Available at: https://scholarship.law.edu/lawreview/vol45/iss2/2 This Article is brought to you for free and open access by CUA Law Scholarship Repository. It has been accepted for inclusion in Catholic University Law Review by an authorized editor of CUA Law Scholarship Repository. For more information, please contact [email protected]. ARTICLES MARBURY'S TRAVAIL: FEDERALIST POLITICS AND WILLIAM MARBURY'S APPOINTMENT AS JUSTICE OF THE PEACE* David F. Forte** * The author certifies that, to the best of his ability and belief, each citation to unpublished manuscript sources accurately reflects the information or proposition asserted in the text. ** Professor of Law, Cleveland State University. A.B., Harvard University; M.A., Manchester University; Ph.D., University of Toronto; J.D., Columbia University. After four years of research in research libraries throughout the northeast and middle Atlantic states, it is difficult for me to thank the dozens of people who personally took an interest in this work and gave so much of their expertise to its completion. I apologize for the inevita- ble omissions that follow. My thanks to those who reviewed the text and gave me the benefits of their comments and advice: the late George Haskins, Forrest McDonald, Victor Rosenblum, William van Alstyne, Richard Aynes, Ronald Rotunda, James O'Fallon, Deborah Klein, Patricia Mc- Coy, and Steven Gottlieb.
    [Show full text]
  • Enumeration and Other Constitutional Strategies for Protecting Rights: the View from 1787/1791
    ARTICLES ENUMERATION AND OTHER CONSTITUTIONAL STRATEGIES FOR PROTECTING RIGHTS: THE VIEW FROM 1787/1791 Mark A. Graber Constitutional designers employ many strategies for securing what they believe are fundamental rights and vital interests.' Specifying in the constitutional text the rights and interests to be protected is a common device. In a constitution that relies solely on enumeration as a rights-protective strategy, whether that constitution protects abortion rights depends on whether any provision in that constitu- tion is best interpreted as granting women a right to terminate their pregnancies. Enumerating the powers government officials may ex- ercise is a second rights-protective strategy. Government may not constitutionally ban partial-birth abortions, although no constitu- tional provision properly interpreted protects a right to reproductive choice, when no constitutional provision properly interpreted au- thorizes government officials to interfere with reproductive decisions. Structuring government institutions is a third rights-protective strat- egy, one that does not rely primarily on enumeration or interpreta- tion. Government officials do not ban abortion, even when at least some reasonable persons believe constitutional provisions are best in- terpreted as permitting legislative prohibitions, when the constitu- tional rules for staffing the government and passing laws consistently provide pro-choice advocates with the power necessary to prevent hostile proposals from becoming law. Equal protection is a fourth strategy for protecting fundamental rights. Elected officials are less inclined to ban abortion when they may not constitutionally confine that prohibition to certain social classes or racial groups. Professor of Government, University of Maryland, College Park; Professor of Law, Univer- sity of Maryland School of Law.
    [Show full text]
  • Henfield's Case and the Origins of Lawfare in the United States
    Replacing the ªSword of Warº with the ªScales of Justiceº: Hen®eld's Case and the Origins of Lawfare in the United States Scott Ingram* United States District Attorney William Rawle rose from his seat in the hot, stuffy Philadelphia City Hall, on July 26, 1793, to give the most important speech of his legal career. As the United States Government's lawyer in Pennsylvania, Rawle was responsible for prosecuting United States v. Gideon Hen®eld , a case of critical signi®cance to the young nation. 1 The world's eyes seemed to focus on him as he began his closing argument. Sitting nearby was United States Attorney General Edmund Randolph.2 Randolph had drafted the Neutrality Proclamation which Hen®eld had allegedly violated. Also present was Jared Ingersoll, Rawle's colleague and a signer of the federal constitution, who was there to represent Hen®eld.3 Meanwhile, the country's highest of®cials were awaiting the verdict. Thomas Jefferson and Alexander Hamilton, Secretaries of State and Treasury respectively, were engaged in an ideological struggle over neutrality; the out- come of Hen®eld's case was critical for their personal political objectives. 4 President George Washington, seeking to keep the ¯edgling federal government and the nation he served out of war, hoped the case would demonstrate United States neutrality. 5 The American people watched, most supporting the French and their revolution, though others supported the British, at war with France. The French, who needed funds to execute their United States strategy and who owned 6 the vessel on which Hen®eld had served, sought justice for their sailor.
    [Show full text]
  • H. Doc. 108-222
    34 Biographical Directory DELEGATES IN THE CONTINENTAL CONGRESS CONNECTICUT Dates of Attendance Andrew Adams............................ 1778 Benjamin Huntington................ 1780, Joseph Spencer ........................... 1779 Joseph P. Cooke ............... 1784–1785, 1782–1783, 1788 Jonathan Sturges........................ 1786 1787–1788 Samuel Huntington ................... 1776, James Wadsworth....................... 1784 Silas Deane ....................... 1774–1776 1778–1781, 1783 Jeremiah Wadsworth.................. 1788 Eliphalet Dyer.................. 1774–1779, William S. Johnson........... 1785–1787 William Williams .............. 1776–1777 1782–1783 Richard Law............ 1777, 1781–1782 Oliver Wolcott .................. 1776–1778, Pierpont Edwards ....................... 1788 Stephen M. Mitchell ......... 1785–1788 1780–1783 Oliver Ellsworth................ 1778–1783 Jesse Root.......................... 1778–1782 Titus Hosmer .............................. 1778 Roger Sherman ....... 1774–1781, 1784 Delegates Who Did Not Attend and Dates of Election John Canfield .............................. 1786 William Hillhouse............. 1783, 1785 Joseph Trumbull......................... 1774 Charles C. Chandler................... 1784 William Pitkin............................. 1784 Erastus Wolcott ...... 1774, 1787, 1788 John Chester..................... 1787, 1788 Jedediah Strong...... 1782, 1783, 1784 James Hillhouse ............... 1786, 1788 John Treadwell ....... 1784, 1785, 1787 DELAWARE Dates of Attendance Gunning Bedford,
    [Show full text]