Trimble Family by J. A. Laconte, 1934 the Trimble Line Has Been a Strong
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Does Eliminating Life Tenure for Article Iii Judges Require a Constitutional Amendment?
DOW & MEHTA_03_15_21 (DO NOT DELETE) 3/17/2021 6:41 PM DOES ELIMINATING LIFE TENURE FOR ARTICLE III JUDGES REQUIRE A CONSTITUTIONAL AMENDMENT? DAVID R. DOW & SANAT MEHTA* ABSTRACT Beginning in the early 2000s, a number of legal academicians from across the political spectrum proposed eliminating life tenure for some or all Article III judges and replacing it with a term of years (or a set of renewable terms). These scholars were largely in agreement such a change could be accomplished only by a formal constitutional amendment of Article III. In this Article, Dow and Mehta agree with the desirability of doing away with life tenure but argue such a change can be accomplished by ordinary legislation, without the need for formal amendment. Drawing on both originalism and formalism, Dow and Mehta begin by observing that the constitutional text does not expressly provide for lifetime tenure; rather, it states that judges shall hold their office during good behavior. The good behavior criterion, however, was not intended to create judicial sinecures for 20 or 30 years, but instead aimed at safeguarding judicial independence from the political branches. By measuring both the length of judicial tenure among Supreme Court justices, as well as voting behavior on the Supreme Court, Dow and Mehta conclude that, in fact, life tenure has proven inconsistent with judicial independence. They maintain that the Framers’ objective of insuring judicial independence is best achieved by term limits for Supreme Court justices. Copyright © 2021 David R. Dow & Sanat Mehta. * David Dow is the Cullen Professor at the University of Houston Law Center; Sanat Mehta, who graduated magna cum laude from Rice University in 2020 with a degree in computer science and a minor in Politics, Law, and Social Thought, is a data analyst at American Airlines. -
G:\Trimble Families, July 22, 1997.Wpd
Trimble Families a Partial Listing of the Descendants of Some Colonial Families Revised Eugene Earl Trimble July 22, 1997 1 PREFACE This Trimble record deals primarily with the ancestral line of the writer and covers the period from the time of arrival of James Trimble (or Turnbull; born ca. 1705; died 1767) in America which may have been prior to March 11, 1734, until in most instances about 1850. Some few lines are, however, brought up to the present. The main purpose of this account is to present the earliest generations. With the census records from 1850 on, enumerating each individual, it is much easier to trace ancestors and descendants. Any one who has researched a family during the l700's knows how limited the available data are and how exceeding difficult the task is. One inevitably reaches the point where the search becomes more conjecture than fact, but man is an inquisitive creature and the lure of the unknown is irresistible. No attempt has been made to give all possible references. For this Trimble line and other Trimble lines the reader is referred to the 62 page manuscript on the Trimble Family by James Augustus LeConte (born Adairsville, Ga., July 19, 1870; died Atlanta, Ga., July 18, 1941) whose papers are at the University of Georgia at Athens; the Trimble Family research located in the Manuscript Department of The University of Virginia, by Kelley Walker Trimble (born Feb. 21, 1884; died Route l, Staunton, Va., after Feb. 12, 1955); the Trimble and related research and writings of Mrs. Jerome A. -
The Constitution in the Supreme Court: State and Congressional Powers, 1801-1835 David P
The University of Chicago Law Review Law__Review _VOLUME 49 NUMBER 4 FALL 1982 1982 by The University of Chicago The Constitution in the Supreme Court: State and Congressional Powers, 1801-1835 David P. Curriet This article is the third installment of an attempt to analyze and criticize the constitutional work of the Supreme Court in his- torical sequence, from the lawyer's point of view.' In the twelve years of its existence before the appointment of John Marshall as Chief Justice, the Supreme Court began to de- velop lasting principles of constitutional adjudication, but it de- cided few significant constitutional questions. In the first decade of Marshall's tenure, apart from Marbury v. Madison,2 the Court's constitutional docket consisted almost entirely of relatively minor matters respecting the powers of the federal courts. Although im- t Harry N. Wyatt Professor of Law, University of Chicago. I should like to thank my colleagues Frank Easterbrook, Richard Epstein, Richard Helmholz, Dennis Hutchinson, Stanton Krauss, Philip B. Kurland, Phil C. Neal, Rayman Solomon, and James B. White for their helpful comments and encouragement, and Locke Bowman and Paul Strella, Chicago class of 1982, for their valuable research assistance. I See Currie, The Constitution in the Supreme Court: 1789-1801, 48 U. CHI. L. REv. 819 (1981) [hereinafter cited as Currie, Supreme Court, 1789-1801]; Currie, The Constitu- tion in the Supreme Court: The Powers of the Federal Courts, 1801-1835, 49 U. CH. L. REv. 646 (1982) [hereinafter cited as Currie, FederalCourts, 1801-1835]. These articles form the beginning of a study to be published in book form by The University of Chicago Press. -
Abington School District V. Schempp 1 Ableman V. Booth 1 Abortion 2
TABLE OF CONTENTS VOLUME 1 Bill of Rights 66 Birth Control and Contraception 71 Abington School District v. Schempp 1 Hugo L. Black 73 Ableman v. Booth 1 Harry A. Blackmun 75 Abortion 2 John Blair, Jr. 77 Adamson v. California 8 Samuel Blatchford 78 Adarand Constructors v. Peña 8 Board of Education of Oklahoma City v. Dowell 79 Adkins v. Children’s Hospital 10 Bob Jones University v. United States 80 Adoptive Couple v. Baby Girl 13 Boerne v. Flores 81 Advisory Opinions 15 Bolling v. Sharpe 81 Affirmative Action 15 Bond v. United States 82 Afroyim v. Rusk 21 Boumediene v. Bush 83 Age Discrimination 22 Bowers v. Hardwick 84 Samuel A. Alito, Jr. 24 Boyd v. United States 86 Allgeyer v. Louisiana 26 Boy Scouts of America v. Dale 86 Americans with Disabilities Act 27 Joseph P. Bradley 87 Antitrust Law 29 Bradwell v. Illinois 89 Appellate Jurisdiction 33 Louis D. Brandeis 90 Argersinger v. Hamlin 36 Brandenburg v. Ohio 92 Arizona v. United States 36 William J. Brennan, Jr. 92 Arlington Heights v. Metropolitan Housing David J. Brewer 96 Development Corporation 37 Stephen G. Breyer 97 Ashcroft v. Free Speech Coalition 38 Briefs 99 Ashwander v. Tennessee Valley Authority 38 Bronson v. Kinzie 101 Assembly and Association, Freedom of 39 Henry B. Brown 101 Arizona v. Gant 42 Brown v. Board of Education 102 Atkins v. Virginia 43 Brown v. Entertainment Merchants Association 104 Automobile Searches 45 Brown v. Maryland 106 Brown v. Mississippi 106 Bad Tendency Test 46 Brushaber v. Union Pacific Railroad Company 107 Bail 47 Buchanan v. -
Supreme Court Justices
The Supreme Court Justices Supreme Court Justices *asterick denotes chief justice John Jay* (1789-95) Robert C. Grier (1846-70) John Rutledge* (1790-91; 1795) Benjamin R. Curtis (1851-57) William Cushing (1790-1810) John A. Campbell (1853-61) James Wilson (1789-98) Nathan Clifford (1858-81) John Blair, Jr. (1790-96) Noah Haynes Swayne (1862-81) James Iredell (1790-99) Samuel F. Miller (1862-90) Thomas Johnson (1792-93) David Davis (1862-77) William Paterson (1793-1806) Stephen J. Field (1863-97) Samuel Chase (1796-1811) Salmon P. Chase* (1864-73) Olliver Ellsworth* (1796-1800) William Strong (1870-80) ___________________ ___________________ Bushrod Washington (1799-1829) Joseph P. Bradley (1870-92) Alfred Moore (1800-1804) Ward Hunt (1873-82) John Marshall* (1801-35) Morrison R. Waite* (1874-88) William Johnson (1804-34) John M. Harlan (1877-1911) Henry B. Livingston (1807-23) William B. Woods (1881-87) Thomas Todd (1807-26) Stanley Matthews (1881-89) Gabriel Duvall (1811-35) Horace Gray (1882-1902) Joseph Story (1812-45) Samuel Blatchford (1882-93) Smith Thompson (1823-43) Lucius Q.C. Lamar (1883-93) Robert Trimble (1826-28) Melville W. Fuller* (1888-1910) ___________________ ___________________ John McLean (1830-61) David J. Brewer (1890-1910) Henry Baldwin (1830-44) Henry B. Brown (1891-1906) James Moore Wayne (1835-67) George Shiras, Jr. (1892-1903) Roger B. Taney* (1836-64) Howell E. Jackson (1893-95) Philip P. Barbour (1836-41) Edward D. White* (1894-1921) John Catron (1837-65) Rufus W. Peckham (1896-1909) John McKinley (1838-52) Joseph McKenna (1898-1925) Peter Vivian Daniel (1842-60) Oliver W. -
Federal Courts in the Early Republic: Kentucky 1789-1816 by Mary K. Bonsteel Tachau Woodford L
Kentucky Law Journal Volume 68 | Issue 2 Article 10 1979 Federal Courts in the Early Republic: Kentucky 1789-1816 by Mary K. Bonsteel Tachau Woodford L. Gardner Jr. Redford, Redford & Gardner Follow this and additional works at: https://uknowledge.uky.edu/klj Part of the Courts Commons, and the Legal History Commons Right click to open a feedback form in a new tab to let us know how this document benefits you. Recommended Citation Gardner, Woodford L. Jr. (1979) "Federal Courts in the Early Republic: Kentucky 1789-1816 by Mary K. Bonsteel Tachau," Kentucky Law Journal: Vol. 68 : Iss. 2 , Article 10. Available at: https://uknowledge.uky.edu/klj/vol68/iss2/10 This Book Review is brought to you for free and open access by the Law Journals at UKnowledge. It has been accepted for inclusion in Kentucky Law Journal by an authorized editor of UKnowledge. For more information, please contact [email protected]. BOOK REVIEW FEDERAL COURTS IN THE EARLY REPUBLIC: KENTUCKY 1789-1816. By MARY, K. BONSTEEL TACHAU. Princeton, New Jersey: Princeton University Press, 1978. Pp. 199, Appendix 29. Price: $16.50 Federal Courts in the Early Republic: Kentucky 1789- 1816 was recognized in June, 1979, by the Kentucky Historical Society as the outstanding contribution in Kentucky history published during the past four years. With the proliferation of books and articles on Kentucky history during that period, it is no small achievement for Professor Tachau's work to have been so honored. The legal profession is the ultimate benefac- tor of a work concerning the early history of the federal courts in Kentucky, a work which necessarily deserves discussion in the legal journals of the state. -
John Mclean: Moderate Abolitionist and Supreme Court Politician Paul Finkelman
Vanderbilt Law Review Volume 62 | Issue 2 Article 7 3-2009 John McLean: Moderate Abolitionist and Supreme Court Politician Paul Finkelman Follow this and additional works at: https://scholarship.law.vanderbilt.edu/vlr Part of the Constitutional Law Commons, and the Supreme Court of the United States Commons Recommended Citation Paul Finkelman, John McLean: Moderate Abolitionist and Supreme Court Politician, 62 Vanderbilt Law Review 519 (2019) Available at: https://scholarship.law.vanderbilt.edu/vlr/vol62/iss2/7 This Symposium is brought to you for free and open access by Scholarship@Vanderbilt Law. It has been accepted for inclusion in Vanderbilt Law Review by an authorized editor of Scholarship@Vanderbilt Law. For more information, please contact [email protected]. John McLean: Moderate Abolitionist and Supreme Court Politician Paul Finkelman* I. THE STRANGE POLITICAL CAREER OF A MINOR JACKSONIAN JUSTICE .......................................................... 522 II. A CAREER ON THE COURT: COMMERCE AND THE ECONOMY ....................................... 533 III. MCLEAN AND SLAVERY: A LONE ANTISLAVERY VOICE IN A SEA OF PROSLAVERY JURISTS ............................ 539 A. Slavery and the Northwest Ordinance on the Ohio Supreme Court ..................................... 541 B. Fugitive Slaves and their Abolitionist Allies .......... 543 C. The Jurisprudenceof Free Soil ................................ 552 D. Dred Scott: McLean's Forgotten Dissent ................. 558 IV . C ON CLU SION ........................................................................ 564 Unlike almost all early Supreme Court Justices, John McLean came from extraordinarily humble origins. He was born in New Jersey in 1785.1 His parents, Fergus and Sophia Blackford McLean, were farmers who moved to Virginia in 1789, Kentucky in 1790, and finally Ohio in 1796. Like many children of the frontier, the future Justice 2 had no formal education for most of his boyhood. -
The Ratings Game: Factors That Influence Judicial Reputation William G
Marquette Law Review Volume 79 Article 2 Issue 2 Winter 1996 The Ratings Game: Factors That Influence Judicial Reputation William G. Ross Follow this and additional works at: http://scholarship.law.marquette.edu/mulr Part of the Law Commons Repository Citation William G. Ross, The Ratings Game: Factors That Influence Judicial Reputation, 79 Marq. L. Rev. 401 (1996). Available at: http://scholarship.law.marquette.edu/mulr/vol79/iss2/2 This Article is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. It has been accepted for inclusion in Marquette Law Review by an authorized administrator of Marquette Law Scholarly Commons. For more information, please contact [email protected]. MARQUETTE LAW REVIEW Volume 79 Winter 1996 Number 2 THE RATINGS GAME: FACTORS THAT INFLUENCE JUDICIAL REPUTATION WILLIAM G. ROSS* INTRODUCTION The rating of United States Supreme Court justices is an increasingly favorite pastime among scholars, judges, journalists, students, and practicing attorneys. Once the domain of a few pundits who made personal lists of the all-time "greatest" justices,' surveys are becoming more formal and are embracing more participants. The most extensive * Professor of Law, Cumberland School of Law of Samford University; A.B., Stanford, 1976; J.D., Harvard, 1979. The author was one of the scholars polled in the 1993 Blaustein- Mersky survey that is discussed in this Article. The author thanks Professor Roy M. Mersky of the University of Texas for advice and encouragement in connection with this Article and for his permission to publish the results of that survey as an appendix to this Article. -
The Constitution in the Supreme Court: the Powers of the Federal Courts, 1801-1835 David P
The Constitution in the Supreme Court: The Powers of the Federal Courts, 1801-1835 David P. Curriet In an earlier article I attempted to examine critically the con- stitutional work of the Supreme Court in its first twelve years.' This article begins to apply the same technique to the period of Chief Justice John Marshall. When Marshall was appointed in 1801 the slate was by no means clean; many of our lasting principles of constitutional juris- prudence had been established by his predecessors. This had been done, however, in a rather tentative and unobtrusive manner, through suggestions in the seriatim opinions of individual Justices and through conclusory statements or even silences in brief per curiam announcements. Moreover, the Court had resolved remark- ably few important substantive constitutional questions. It had es- sentially set the stage for John Marshall. Marshall's long tenure divides naturally into three periods. From 1801 until 1810, notwithstanding the explosive decision in Marbury v. Madison,2 the Court was if anything less active in the constitutional field than it had been before Marshall. Only a dozen or so cases with constitutional implications were decided; most of them concerned relatively minor matters of federal jurisdiction; most of the opinions were brief and unambitious. Moreover, the cast of characters was undergoing rather constant change. Of Mar- shall's five original colleagues, William Cushing, William Paterson, Samuel Chase, and Alfred Moore had all been replaced by 1811.3 From the decision in Fletcher v. Peck4 in 1810 until about 1825, in contrast, the list of constitutional cases contains a succes- t Harry N. -
John Marshall As Chief Justice
DEFINING THE OFFICE: JOHN MARSHALL AS CHIEF JUSTICE † CHARLES F. HOBSON Credit for making the United States Supreme Court a significant player in the American scheme of government has been attributed to the masterful leadership of John Marshall, Chief Justice of the United States from 1801 to 1835. By the latter year, the Supreme Court had acquired a kind of parity with Congress and the Executive that it did not possess in 1801. Central to this development was the Court’s ap- propriation of the Constitution as its special preserve. Marshall and his brethren built up the Court’s institutional strength by successfully asserting a claim to expound the Constitution and apply it as law in the ordinary course of adjudication. Although the Chief Justice’s con- tribution to this enterprise far exceeded his proportional share as a single Justice, scholarship has long since exploded the myth of a he- roic Marshall who dominated the Supreme Court by the sheer force of his individual genius and will. Such a myth ignores the historical real- ity that Marshall’s success as Chief Justice resulted from the interplay between his exceptional leadership abilities and the peculiar circum- stances of time and place that allowed those abilities to flourish and have effect. “A great man,” Oliver Wendell Holmes famously said, “represents a great ganglion in the nerves of society, or, to vary the figure, a strategic point in the campaign of history, and part of his greatness consists in his being there.”1 Marshall, in short, was the right man in the right place at the right time. -
The Formation of the Republican Party in Ohio
The Old Order Trembles: The Formation of the Republican Party in Ohio by Thomas W. Kremm istorians disagree over the immediate cause of the Civil War, but most of H them concur that a major factor precipitating the conflict was the po- litical realignment of the 1850's. The established view of Northern politics in the 1850's holds that the Kansas-Nebraska Act introduced in Congress by Illinois Senator Stephen A. Douglas in 1854 destroyed old alignments and gave rise to the Republican Party which suddenly struck down the seemingly unchallengeable Democracy. The Kansas-Nebraska Act, only one of a series of outrages designed to extend the domain of slavery, finally united Northern consciences and committed them to stopping the expansion of slavery and containing it in the South. Former Whigs, shattered after their defeat in the 1852 presidential election, joined dissident Democrats and Free Soilers in the search for new organizations capable of wresting control from the Democrats. Some discovered it in Know Nothingism, but this was only a temporary and abnormal half-way house to Republicanism. This interpretation, although not without merit, fails to analyze adequately the traumatic political reorganiza- tion of the 1850's.1 In asking why voters deserted the Whig Party at the state level, instead of why the national Whig organization disappeared or why the Republican co- alition emerged, it becomes apparent that the slavery extension issue alone did not account for the realignment of the 1850's. Even though the slavery issue divided Northern and Southern Whigs, it did not necessarily drive Northern Whig voters from the party. -
It....$3,600,000, Always Vent Persons Being Discharged from Imprisonment and Upwaids Between and Confusion, Amidst Which Nothing Can Be Heard Obtained
sion of nets not wronful of themselves, but bid- "THE POOfc MAN'S foi 22D OF FEBRUARY. CANDIDATE." den by law such as keeping a tivern or ferry lestcrday morning 21bt. Inst., the New Argo, TTJY.SFEPSIA. We have frequently Gen. Harrison is "the Poor without license, obstructing the public witnessed the 0$-IjS-T Man's Candidate hihwav.ie. Capt. John Armstrong, brought to at ourvvhaifin ravages of this disease, and have heard and read WOTJCE.JS) So say the rich Bankers, Lawyers and sistin z rLcivil officer. and thosn nm i!nnnm;. of many remedies, Merchants' &c. gallant style, when tho Lexington Infantry (the but far ofterner saw them sail than N? Gentlemen wishing to join Mr Richardson's that support his claims. It nated offences. Wc have result in success. The is one of ihe tiicks of, a statute for the punish- River corps of the under Capt. writer however, of the letters Night Class will please (without delay,) call and Dy ment of crimes, and nnnlrmr nnrl vmv 42J to the Agent of Dr. Harlish's Crmpound Strengthening, sien the list at MrRifp'o Knlr cih a. utuiuuBemg, winch tiiey expect to secure sat An'nmt the Lexington Artillery, under Capt.1 Aspenent offices for themselves. for the and German Pith, which may be sound in ccnt number is obtained, the class will commence pun'shmen of offerees. The act in which Bradford, and the Frankfort another column, has long at Is you wish Infantry, under Capt. been Known to us; and from uisumiuuiu, tmr. uironi.) to arrive at the above section was contained, 43-- a correct knowledge of a purported to be liockwooo, displayed a a bcautiiul column on tho an invalid as he was delineated, we now Know and meet Oct23, '39 tf man s character, study supplementary to the act for the nnnishmp.it him daily, as a hale hearty man.