The Aaron Burr Conspiracy
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Early Understandings of the "Judicial Power" in Statutory Interpretation
ARTICLE ALL ABOUT WORDS: EARLY UNDERSTANDINGS OF THE 'JUDICIAL POWER" IN STATUTORY INTERPRETATION, 1776-1806 William N. Eskridge, Jr.* What understandingof the 'judicial Power" would the Founders and their immediate successors possess in regard to statutory interpretation? In this Article, ProfessorEskridge explores the background understandingof the judiciary's role in the interpretationof legislative texts, and answers earlier work by scholars like ProfessorJohn Manning who have suggested that the separation of powers adopted in the U.S. Constitution mandate an interpre- tive methodology similar to today's textualism. Reviewing sources such as English precedents, early state court practices, ratifying debates, and the Marshall Court's practices, Eskridge demonstrates that while early statutory interpretationbegan with the words of the text, it by no means confined its searchfor meaning to the plain text. He concludes that the early practices, especially the methodology ofJohn Marshall,provide a powerful model, not of an anticipatory textualism, but rather of a sophisticated methodology that knit together text, context, purpose, and democratic and constitutionalnorms in the service of carrying out the judiciary's constitutional role. TABLE OF CONTENTS Introduction .................................................... 991 I. Three Nontextualist Powers Assumed by English Judges, 1500-1800 ............................................... 998 A. The Ameliorative Power .............................. 999 B. Suppletive Power (and More on the Ameliorative Pow er) .............................................. 1003 C. Voidance Power ..................................... 1005 II. Statutory Interpretation During the Founding Period, 1776-1791 ............................................... 1009 * John A. Garver Professor ofJurisprudence, Yale Law School. I am indebted toJohn Manning for sharing his thoughts about the founding and consolidating periods; although we interpret the materials differently, I have learned a lot from his research and arguments. -
Volume II: Rights and Liberties Howard Gillman, Mark A. Graber
AMERICAN CONSTITUTIONALISM Volume II: Rights and Liberties Howard Gillman, Mark A. Graber, and Keith E. Whittington INDEX OF MATERIALS ARCHIVE 1. Introduction 2. The Colonial Era: Before 1776 I. Introduction II. Foundations A. Sources i. The Massachusetts Body of Liberties B. Principles i. Winthrop, “Little Speech on Liberty” ii. Locke, “The Second Treatise of Civil Government” iii. The Putney Debates iv. Blackstone, “Commentaries on the Laws of England” v. Judicial Review 1. Bonham’s Case 2. Blackstone, “Commentaries on the Laws of England” C. Scope i. Introduction III. Individual Rights A. Property B. Religion i. Establishment 1. John Witherspoon, The Dominion of Providence over the Passions of Man ii. Free Exercise 1. Ward, The Simple Cobler of Aggawam in America 2. Penn, “The Great Case of Liberty of Conscience” C. Guns i. Guns Introduction D. Personal Freedom and Public Morality i. Personal Freedom and Public Morality Introduction ii. Blackstone, “Commentaries on the Laws of England” IV. Democratic Rights A. Free Speech B. Voting i. Voting Introduction C. Citizenship i. Calvin’s Case V. Equality A. Equality under Law i. Equality under Law Introduction B. Race C. Gender GGW 9/5/2019 D. Native Americans VI. Criminal Justice A. Due Process and Habeas Corpus i. Due Process Introduction B. Search and Seizure i. Wilkes v. Wood ii. Otis, “Against ‘Writs of Assistance’” C. Interrogations i. Interrogations Introduction D. Juries and Lawyers E. Punishments i. Punishments Introduction 3. The Founding Era: 1776–1791 I. Introduction II. Foundations A. Sources i. Constitutions and Amendments 1. The Ratification Debates over the National Bill of Rights a. -
Just Because John Marshall Said It, Doesn't Make It So: Ex Parte
Maurice A. Deane School of Law at Hofstra University Scholarly Commons at Hofstra Law Hofstra Law Faculty Scholarship 2000 Just Because John Marshall Said it, Doesn't Make it So: Ex Parte Bollman and the Illusory Prohibition on the Federal Writ of Habeas Corpus for State Prisoners in the Judiciary Act of 1789 Eric M. Freedman Maurice A. Deane School of Law at Hofstra University Follow this and additional works at: https://scholarlycommons.law.hofstra.edu/faculty_scholarship Recommended Citation Eric M. Freedman, Just Because John Marshall Said it, Doesn't Make it So: Ex Parte Bollman and the Illusory Prohibition on the Federal Writ of Habeas Corpus for State Prisoners in the Judiciary Act of 1789, 51 Ala. L. Rev. 531 (2000) Available at: https://scholarlycommons.law.hofstra.edu/faculty_scholarship/53 This Article is brought to you for free and open access by Scholarly Commons at Hofstra Law. It has been accepted for inclusion in Hofstra Law Faculty Scholarship by an authorized administrator of Scholarly Commons at Hofstra Law. For more information, please contact [email protected]. MILESTONES IN HABEAS CORPUS: PART I JUST BECAUSE JOHN MARSHALL SAID IT, DOESN'T MAKE IT So: Ex PARTE BoLLMAN AND THE ILLUSORY PROHIBITION ON THE FEDERAL WRIT OF HABEAS CORPUS FOR STATE PRISONERS IN THE JUDIcIARY ACT OF 1789 Eric M. Freedman* * Professor of Law, Hofstra University School of Law ([email protected]). BA 1975, Yale University;, MA 1977, Victoria University of Wellington (New Zea- land); J.D. 1979, Yale University. This work is copyrighted by the author, who retains all rights thereto. -
Early 19C America: Cultural Nationalism
OPENING- SAFE PLANS Study for Ch. 10 Quiz! • Jefferson (Democratic • Hamilton (Federalists) Republicans) • S-Strict Interpretation • P-Propertied and rich (State’s Rights men • A-Agriculture (Farmers) • L-Loose Interpretation • F-France over Great Britain • A-Army • E-Educated and common • N-National Bank man • S-Strong central government Jeffersonian Republic 1800-1812 The Big Ideas Of This Chapter 1. Jefferson’s effective, pragmatic policies strengthened the principles of two-party republican gov’t - even though Jeffersonian “revolution” caused sharp partisan battles 2. Despite his intentions, Jefferson became deeply entangled in the foreign-policy conflicts of the Napoleonic era, leading to a highly unpopular and failed embargo that revived the moribund Federalist Party 3. James Madison fell into an international trap, set by Napoleon, that Jefferson had avoided. The country went to war against Britain. Western War Hawks’ enthusiasm for a war with Britain was matched by New Englanders’ hostility. “We are all Republicans, we are all Federalists” Is that true? Economically? Some historians say they are the same b/w Jefferson and Hamilton both dealt with rich people - be they merchants or southern planters Some historians say they are the same b/c Jefferson did not hold to his “Strict Constructionist” theory because 1. Louisiana purchase 2. Allowing the Nat’l bank Charter to expire rather than “destroying it” as soon as he took office 1800 Election Results 1800 Election Results (16 states in the Union) Thomas Democratic Virginia 73 52.9% -
De Witt Clinton and the Origin of the Spoils System in New York
73] Cornell University Library JK 731.M2 ... De Witt Clinton and the origin of th 3 1924 002 312 662 SlrUDEES IN HISTORY, ECONOMIOS AND PUBLIC LAW EDITED BY THE FACULTY OF POLITICAL SCIENCE OF COLUMBIA UNIVERSITY Volume XXVIII] [Number 1 De WITT CLINTON AUD THE ORIGIN OF THE SPOILS SYSTEM IN NEW YORK HOWARD LEE McBAIN, Ph.D., /Sometime Honorary Fellow in Constitutional Lam, Colwmhia Univeriity THE COLUMBIA UNIVERSITY PRESS THE MACMILLAN COMPANY, AGENTS London : P. S. King & Son 1907 THE LIBRARY OF THE NEW YORK STATE SCHOOL OF INDUSTRIAL AND LABOR RELATIONS AT CORNELL UNIVERSITY 1 DeWITT CLINTON AND THE ORIOIN OF THE SPOILS SYSTEM IN NEW YORK Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924002312662 STUDIES IN HISTORY, ECONOMICS AND PUBLIC LAW EDITED BY THE FACULTY OF POLITICAL SCIENCE OF COLUMBIA UNIVERSITY Volume XXVIII] [Number 1 De WITT CLINTON AND THE ORIGIN OF THE SPOILS SYSTEM IN NEW YORK HOWARD LEE McBAIN, Ph.D., Sometime Honorary Fellow in Constitutional Law, Colvmhia University THE COLUMBIA UNIVERSITY PRESS THE MACMILLAN COMPANY, AGENTS London : P. S. King & Son 1907 Copyright, 1907, BY HOWARD LEE McBAIN 1 JK 1S) CONTENTS CHAPTER I EARLY PATRONAGE UNDER THE CONSTITUTION PAGE Introduction 11-15 Misrepresentations of DeWitt Clinton's policies 11-12 Sources for study of 12 Plan of present study of New York patronage 13-15 Relation of systems previous to 1801 13 Relation of national systems I3~i5 Washington's policy of patronage 15-25 His problems differ from those of his successors 16-17 His attitude toward anti-adoptionists 17-20 In general 17-18 In Rhode Island 18-20 His consideration of Revolutionary services 20-21 His general principles in making appointments 21-23 Later consideration of politics in cabinet appointments 23-24 His New York appointments—Theory of Hamiltonian influencejrefuted. -
Download Legal Document
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK -----------------------------------------------------------------------x JOSE PADILLA, DONNA R. NEWMAN, as Next Friend of Jose Padilla, : Petitioners, : -against- : 02 Civ. 4445 (MBM) GEORGE W. BUSH, DONALD RUMSFELD, : JOHN ASHCROFT and COMMANDER M.A. MARR : Respondents. ------------------------------------------------------------------------x BRIEF SUBMITTED ON BEHALF OF THE AMERICAN CIVIL LIBERTIES UNION, NEW YORK CIVIL LIBERTIES UNION AND CENTER FOR NATIONAL SECURITY STUDIES AS AMICI CURIAE Steven R. Shapiro (SS-9900) Lucas Guttentag (LG-0329) Robin R. Goldfaden Amrit Singh AMERICAN CIVIL LIBERTIES UNION FOUNDATION 125 Broad Street, 17th Floor New York, New York 10004 (212) 549-2500 Arthur N. Eisenberg (AE-2012) Christopher T. Dunn (CD-3991) Donna Lieberman (DL-1268) NEW YORK CIVIL LIBERTIES UNION FOUNDATION 125 Broad Street, 17th Floor New York, New York 10004 (212) 344-3005 Kate Martin CENTER FOR NATIONAL SECURITY STUDIES 1120 19th Street, N.W., Suite 800 Washington, DC 20036 (202) 721-5650 Attorneys for Amici Curiae Dated: New York, New York September 26, 2002 2 TABLE OF CONTENTS Page TABLE OF AUTHORITIES. ii INTEREST OF AMICI. 1 INTRODUCTION . 2 ARGUMENT: THE CONSTITUTION DOES NOT PERMIT THE INDEFINITE DETENTION OF AN AMERICAN CITIZEN ARRESTED IN THE UNITED STATES AND HELD IN AN AMERICAN MILITARY JAIL WITHOUT CHARGES, TRIAL, OR ACCESS TO COUNSEL. 4 A. Petitioner’s Confinement Without Charges Or Trial Is Unauthorized By Law. 6 B. Petitioner’s Confinement Without Trial In A Military Brig Cannot Be Justified As A Form Of Preventive Detention. 10 C. Petitioner Can Be Criminally Charged, As Others Have Been In Similar Circumstances . 14 D. -
The Aaron Burr Trial Claudia Bell
University of Richmond UR Scholarship Repository Honors Theses Student Research Winter 1967 The Aaron Burr Trial Claudia Bell Follow this and additional works at: http://scholarship.richmond.edu/honors-theses Recommended Citation Bell, Claudia, "The Aaron Burr Trial" (1967). Honors Theses. Paper 398. This Thesis is brought to you for free and open access by the Student Research at UR Scholarship Repository. It has been accepted for inclusion in Honors Theses by an authorized administrator of UR Scholarship Repository. For more information, please contact [email protected]. UNIVERSITY OF RICHMOND LIBRARIES 1111111111111111111111111111111111111111111111111111111111111111 3 3082 00688 8159 THE AARON BURR TRIAL by Claudia Bell typed by Susie Johnston Honors Paper December 19, 1967 PREFACE The Aaron Burr trial was one of the most interesting cases in American history. Not only was the testimony at the inquiry significant but all events leading to the trial were important. Only those occurrences in Burr 1 s life which led to his tria 1 a re des.crihe.d;-. since perronal situations have no bearing on the case. The trial itself has been clone with as nm.ch detail as possible in order to make the outcome of the inquest understandable. TABLE OF CDNTENTS CHAPTER PAGE I. BACKGROUND • . • • • • • . • • . 1 II. INDICTMElIT B2FORE TP..E GR.Ai'JD JURY • . .13 III. TRIAL BUJRE THE PEI'IT JURY. • . .22 IV. SUhMARY. • . .33 FOOTNOTES. • . .37 BIBLIOGRAPHY • .43 CP.AP'I'ER 1 BAGKGROillm One of the most iT!T_!)Ortant events of 1807 was the .Aaron Burr trial. by the final day of the inquest a dispute between the judicial and exec- utive branches of the federal government had been brought to a head and the consr,ructive definition of treason had been negated. -
Graham Family of Floyd Co., Ky
I would like to thank Karen Salisbury for the use of her document. It combines quite a bit of the Graham and Lane information from the Johns marriage of Thomas P. Johns and Elizabeth Graham Back to Main Johns Page Subj: Re: My research on the Internet Date: 98-05-17 14:09:05 EDT From: [email protected] (Karen L. Salisbury) Reply-to: [email protected] To: [email protected] (JPayne5744) File: Descendants of Christopher Graham.doc (147968 bytes) DL Time (28800 bps): < 1 minute I am spending the day at your page, a beautiful piece of work. I will pour over it in detail here as we go and Hope you don't mind clarifications if any are needed. Attached please find the Grahams again. Feel free to use it, just give me credit for the work. K JPayne5744 wrote: Descendants of Christopher Graham Generation No. 1 1. CHRISTOPHER1 GRAHAM (Source: David Graham, History of The Graham Family, (1899).) was born 1670 in Donegal, Ireland, and died 1745. More About CHRISTOPHER GRAHAM: Fact 1: Abt. 1720, emmigrated to Paxtang Twp, Lancaster Co., PA Fact 2: Custom states he was direct descendent of Earl of Montrose, who was beheaded. Children of CHRISTOPHER GRAHAM are: 2. i. WILLIAM2 GRAHAM , SR., b. Abt. 1700, Donegal County, Ireland; d. April 1749, Augusta Co., VA. 3. ii. JOHN GRAHAM , SR., b. Abt. 1706, Donegal, Ireland or PA; d. 1771, Tazewell, Co., VA. Generation No. 2 2. WILLIAM2 GRAHAM , SR. (CHRISTOPHER1) (Source: Richard Salisbury.) was born Abt. 1700 in Donegal County, Ireland, and died April 1749 in Augusta Co., VA. -
1 Failed Filibusters: the Kemper Rebellion, the Burr Conspiracy And
Failed Filibusters: The Kemper Rebellion, the Burr Conspiracy and Early American Expansion Francis D. Cogliano In January 1803 the Congressional committee which considered the appropriation for the Louisiana Purchase observed baldly, “it must be seen that the possession of New Orleans and the Floridas will not only be required for the convenience of the United States, but will be demanded by their most imperious necessities.”1 The United States claimed that West Florida, which stretched south of the 31st parallel from the Mississippi River in the west to the Apalachicola River in the east (roughly the modern state of Louisiana east of the Mississippi, and the Gulf coasts of Mississippi and Alabama, and the western portion of the Florida panhandle) was included in the Louisiana Purchase, a claim denied by the Spanish. The American claim was spurious but the intent behind it was clear. The United States desired control of West Florida so that the residents of the Mississippi Territory could have access to the Gulf of Mexico. Since the American Revolution the region had been settled by Spaniards, French creoles and Anglo-American loyalists. Beginning in the 1790s thousands of emigrants from the United States migrated to the territory, attracted by a generous system of Spanish land grants. An 1803 American government report described the population around Baton Rouge as “composed partly of Acadians, a very few French, and great majority of Americans.” During the first decade of the nineteenth century West Florida became increasingly unstable. In addition to lawful migrants, the region attracted lawless adventurers, including deserters from the United States army and navy, many of whom fled from the nearby territories of Louisiana and Mississippi.2 1 Annals of Congress, 7th Cong. -
The Burr Trial As a Defense of Individual Rights Kassian A
30 Traitors and Tyrants: The Burr Trial as a Defense of Individual Rights Kassian A. Kovalcheck On May 22, 1807, the Circuit Court of ·Appeals for the District of Virginia convened at Richmond for the most dramatic trial in the short history of the United States. With Chief Justice of the Supreme Court John Marshall presiding, the court began the tedious project of selecting a grand jury for the con spiracy trial of Aaron Burr, former vice-president of the country he was accused of betraying. While the nature of the charges and the character of the principal defendant attracted and maintained public interest, the questions involved were not only the alleged Burr Conspiracy, but also the conflict between the power of the federal government and the rights of individuals in American society. This trial tested the concept of civil liberties as much as it adjudicated the constitutional issues of treason. When on October 20, 1807, Chief Justice Marshall declared in his concluding state ment that he could not find evidence significant enough to bind the defendant over, Burr left the court a free but ruined man. The Grand Jury, in an earlier statement, had expressed popular sentiment in their verdict: "We of the jury find that Aaron Burr is not proved to be guilty under this indictment."1 Burr could protest 2 that the jury had no right to deface the record of the court," but at the age of forty-n ine his political and public life had ended. 31 Only through the skillful rhetorical strategies of a brilliant defense had he maintained his freedom, if not his honor. -
Historical Collections of Virginia
~ISTORICAL COLLECTIONS OF VIRGINIA- CONTAINING ~- A COLLECTION OF THE MOST INTERESTING FACTS, TRADITIONS, BIOGRAPHICAL SKETCHES, ANECDOTES,' &0. RELATING TO ITS HISTORY AND ANTIQUITIES, TOGETHER WITH GEOGRAPHICAL AND STATISTICAL DESCRIPTIONS. TO WHICH 18 APPENDED, AN HISTORICAL AND DESCRIPTIVE SKETCH OP THE DISTRICT OF COLUMBIA. ILLUSTRATED BY OVER 100 ENGRAVINGS, GIVING VIEWS OF THE PRINCIPAL TOWNS,-SEATS OF EMINENT MEN, PUBLIC BUILDINGS,-RELICS OF ANTIQUITY,-HISTORIC LOCALITIES, NATURAL SCENERY, ETC., ETC. BY HENRY HOWE.\- [Arms ofVif&Wa,] [Tb.. 01...,. W1Ib tynall.] QHARLESTo.Nl_ S. C. PUBLISHED-:SYBABCOCK & CO. ----1845. 146 The following are llItI of Vlr&inlau who have held hIch puhI1e Ilatiou 1III4er the cenen1 IOftJ!I ment. They are camplele only 10 the year 1842. Pr.ridertU of IA. u,uU4 StGIu.-Georp Waablncton. eleeted 1789; dlecI Dee. 1~, 1m, qed 67. Thomas J811'"",,n, elected 1811; died July" 1826, a&ed 83. James MadIson, eleeted 1809; dieil JUDe !18th, J836, aged 84. James Monroe,.elected 1817; dled July" 1831, aged 72. William Henry Harriaon, eleeled In 1841 ; died April .. 1841, ",ed 68. John Tyler, 1841. Yiu-Pr.,i4D&U of 1M l7aiUd /4tu.-Thomas JeJI'enon, elected 1797. John Tyler, eleel8d 1841. 8u:rlt4riu of 814t1.-Tbomu Je1!enon, 1789. Edmund Randolph, 179t ; died Sept. J2, 1813. Joh.. Man.... U. J800; died JUIT 6, 1835, a&ed 79. James MadIson, 18)1. James Monroe, 18l1. Henry Clay (born In Va.,) 1825. Abe P. Upshur, 1843; died Feb. 28, 18«. John Fonyth, (born In Va.,) 1834; died Oct. 22, )841, ~d 61. &cretariu of W",..-James Monroe, 1814. lames Barbour, 1825' died June 8, 1842, a&ed 66. -
Contents Register of the Kentucky Historical Society
CONTENTS REGISTER OF THE KENTUCKY HISTORICAL SOCIETY Listed below are the contents of the Register from the first issue in 1903 to the current issue in a searchable PDF format. VOLUME 1 Number One, January 1903 A New Light on Daniel Boone’s Ancestry Mrs. Jennie C. Morton ...................................................................... 11 Kentucky’s First Railroad, which was the First One West of the Allegheny Mountains ........................................................................ 18 Fort Hill ........................................................................................... 26 Address of Hon. John A. Steele, Vice President, before Kentucky Historical Society, February 11, 1899 ............................... 27 The Seal of Kentucky ........................................................................ 31 Before Unpublished Copy of a Letter from Gen. Ben Logan to Governor Isaac Shelby Benjamin Logan ............................................................................... 33 Counties in Kentucky and Origin of their Names Published by Courtesy of the Geographer of the Smithsonian Institute ........................................................................................... 34 Paragraphs ....................................................................................... 38 The Kentucky River and Its Islands Resident of Frankfort, Kentucky ....................................................... 40 Department of Genealogy and History Averill..............................................................................................