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The Appellate Question: a Comparative Analysis of Supreme Courts of Appeal in Virginia and Louisiana, 1776-1840
W&M ScholarWorks Dissertations, Theses, and Masters Projects Theses, Dissertations, & Master Projects 1991 The appellate question: A comparative analysis of supreme courts of appeal in Virginia and Louisiana, 1776-1840 Mark F. Fernandez College of William & Mary - Arts & Sciences Follow this and additional works at: https://scholarworks.wm.edu/etd Part of the Law Commons, and the United States History Commons Recommended Citation Fernandez, Mark F., "The appellate question: A comparative analysis of supreme courts of appeal in Virginia and Louisiana, 1776-1840" (1991). Dissertations, Theses, and Masters Projects. Paper 1539623810. https://dx.doi.org/doi:10.21220/s2-jtfj-2738 This Dissertation is brought to you for free and open access by the Theses, Dissertations, & Master Projects at W&M ScholarWorks. It has been accepted for inclusion in Dissertations, Theses, and Masters Projects by an authorized administrator of W&M ScholarWorks. For more information, please contact [email protected]. INFORMATION TO USERS This manuscript has been reproduced from the microfilm master. UMI films the text directly from the original or copy submitted. Thus, some thesis and dissertation copies are in typewriter face, while others may be from any type of computer printer. The quality of this reproduction is dependent upon the quality of the copy submitted. Broken or indistinct print, colored or poor quality illustrations and photographs, print bleedthrough, substandard margins, and improper alignment can adversely affect reproduction. In the unlikely event that the author did not send UMI a complete manuscript and there are missing pages, these will be noted. Also, if _ unauthorized copyright material had to be removed, a note will indicate the deletion. -
Patrick Henry
LIBERTY UNIVERSITY PATRICK HENRY: THE SIGNIFICANCE OF HARMONIZED RELIGIOUS TENSIONS A THESIS SUBMITTED TO THE FACULTY OF THE HISTORY DEPARTMENT IN CANDIDACY FOR THE DEGREE OF MASTER OF ARTS IN HISTORY BY KATIE MARGUERITE KITCHENS LYNCHBURG, VIRGINIA APRIL 1, 2010 Patrick Henry: The Significance of Harmonized Religious Tensions By Katie Marguerite Kitchens, MA Liberty University, 2010 SUPERVISOR: Samuel Smith This study explores the complex religious influences shaping Patrick Henry’s belief system. It is common knowledge that he was an Anglican, yet friendly and cooperative with Virginia Presbyterians. However, historians have yet to go beyond those general categories to the specific strains of Presbyterianism and Anglicanism which Henry uniquely harmonized into a unified belief system. Henry displayed a moderate, Latitudinarian, type of Anglicanism. Unlike many other Founders, his experiences with a specific strain of Presbyterianism confirmed and cooperated with these Anglican commitments. His Presbyterian influences could also be described as moderate, and latitudinarian in a more general sense. These religious strains worked to build a distinct religious outlook characterized by a respect for legitimate authority, whether civil, social, or religious. This study goes further to show the relevance of this distinct religious outlook for understanding Henry’s political stances. Henry’s sometimes seemingly erratic political principles cannot be understood in isolation from the wider context of his religious background. Uniquely harmonized -
Draft—Do Not Cite Without Permission of the Author
Draft—Do not cite without permission of the author Chapter I: The Contradictions of American Democracy in the Antebellum Years: The Inadequacy of the Constitution; The Rise of the Anti-Slavery and Woman’s Rights Movements Between 1815 and 1860, the new nation consolidated its identity and expanded its boundaries.1 This was a time of economic growth and internal improvements.2 The antebellum era witnessed a “transformation” of the private law of torts, contracts, property, and commercial law that has been said to have unleashed “emergent entrepreneurial and commercial groups to win a disproportionate share of wealth and power in American society,” all in the name of promoting economic growth.3 These years also witnessed significant democratization of the American polity. Even though the new nation’s charter incorporated the revolutionary principle of “popular sovereignty” or the consent of the governed, its political structures and practices had been designed to be far from democratic in the beginning.4 After 1815, however, the spreading trend in the states toward universal white adult male suffrage accelerated significantly, culminating with the election of Andrew Jackson in 1828.5 The people and party operatives who put this man of humble origins into the White House poured into Washington D.C. for his inauguration. “Never before had an American ceremony of state turned into such a democratic and charismatic spectacle.”6 From the perspective of divisions between the social classes, Jacksonianism represented important gains for egalitarian thinking in politics.7 The subsequent decades before the Civil War saw a flowering of reform ferment in the United States. -
Property Rights in John Marshall's Virginia: the Case of Crenshaw and Crenshaw V
UIC Law Review Volume 33 Issue 4 Article 22 Summer 2000 Property Rights in John Marshall's Virginia: The Case of Crenshaw and Crenshaw v. Slate River Company, 33 J. Marshall L. Rev. 1175 (2000) J. Gordon Hylton Follow this and additional works at: https://repository.law.uic.edu/lawreview Part of the Constitutional Law Commons, Courts Commons, Judges Commons, Jurisprudence Commons, Law and Economics Commons, Legal History Commons, Legal Profession Commons, Legal Writing and Research Commons, and the Property Law and Real Estate Commons Recommended Citation J. Gordon Hylton, Property Rights in John Marshall's Virginia: The Case of Crenshaw and Crenshaw v. Slate River Company, 33 J. Marshall L. Rev. 1175 (2000) https://repository.law.uic.edu/lawreview/vol33/iss4/22 This Symposium is brought to you for free and open access by UIC Law Open Access Repository. It has been accepted for inclusion in UIC Law Review by an authorized administrator of UIC Law Open Access Repository. For more information, please contact [email protected]. PROPERTY RIGHTS IN JOHN MARSHALL'S VIRGINIA: THE CASE OF CRENSHAW AND CRENSHAW V. SLATE RIVER COMPANY J. GORDON HYLTON* As Jim Ely has reminded us, historians have long associated John Marshall with the twin causes of constitutional nationalism and the protection of property rights.! However, it would be a mistake to assume that these two concepts were inseparable or that it was Marshall's embrace of both that set him apart from his opponents. Nowhere is the severability of the two propositions more apparent than with Marshall's critics in his home state of Virginia. -
Journal of Mormon History Vol. 29, No. 2, 2003
Journal of Mormon History Volume 29 Issue 2 Article 1 2003 Journal of Mormon History Vol. 29, No. 2, 2003 Follow this and additional works at: https://digitalcommons.usu.edu/mormonhistory Part of the Religion Commons Recommended Citation (2003) "Journal of Mormon History Vol. 29, No. 2, 2003," Journal of Mormon History: Vol. 29 : Iss. 2 , Article 1. Available at: https://digitalcommons.usu.edu/mormonhistory/vol29/iss2/1 This Full Issue is brought to you for free and open access by the Journals at DigitalCommons@USU. It has been accepted for inclusion in Journal of Mormon History by an authorized administrator of DigitalCommons@USU. For more information, please contact [email protected]. Journal of Mormon History Vol. 29, No. 2, 2003 Table of Contents CONTENTS INMEMORIAM • --Dean L. May Jan Shipps, vi • --Stanley B. Kimball Maurine Carr Ward, 2 ARTICLES • --George Q. Cannon: Economic Innovator and the 1890s Depression Edward Leo Lyman, 4 • --"Scandalous Film": The Campaign to Suppress Anti-Mormon Motion Pictures, 1911-12 Brian Q. Cannon and Jacob W. Olmstead, 42 • --Out of the Swan's Nest: The Ministry of Anthon H. Lund, Scandinavian Apostle Jennifer L. Lund, 77 • --John D. T. McAllister: The Southern Utah Years, 1876-1910 Wayne Hinton, 106 • --The Anointed Quorum in Nauvoo, 1842-45 Devery S. Anderson, 137 • --"A Providencial Means of Agitating Mormonism": Parley P. Pratt and the San Francisco Press in the 1850s Matthew J. Grow, 158 • --Epilogue to the Utah War: Impact and Legacy William P. MacKinnon, 186 REVIEWS --David Persuitte, Joseph Smith and the Origins of The Book of Mormon. -
James Buchanan, Slavery, and the Press
Frank Turner James Buchanan, Slavery, and the Press James Buchanan, Slavery, and the Press Frank Turner Master of Arts Thesis California State University at San Marcos February, 2016 Dr. Watts 1 Frank Turner James Buchanan, Slavery, and the Press James Buchanan, Slavery, and the Press Table of Contents Title Page...………………………………………………………………………...1 Table of Contents……………………………………………………………….....2 Abstract………………………....…………………………………………………3 Introduction……………………………..………………………………………...4 Chapter One James Buchanan and Slavery……….……..……………………………………...16 Chapter Two Buchanan and the 1850s Press…………………………..………………………...35 Buchanan’s Inauguration……………….…………………………………………41 Dred Scott…………………………………………………………………..……..51 Conclusion………………………………………………………………………..63 Bibliography…………………………………………………………………..….67 2 Frank Turner James Buchanan, Slavery, and the Press Abstract James Buchanan was the fifteenth president of the United States, who served from1857 until 1861, preceding Abraham Lincoln. He is considered to have been one of the most ineffective presidents, due to policies that some historians believe helped lead to the American Civil War. This thesis looks at how the antebellum presses viewed Buchanan, and what types of images they projected of him to the public. From the very beginning of his presidency, there were concerns in most of the presses about his leadership. In March of 1857, his inauguration and the Dred Scott decision were two events that happened early in his administration, that offer evidence that the press, from the start, projected negative images of him, especially in regards to his policies regarding slavery. This helped to create the belief that he was an ineffectual leader. Buchanan was aware of the powerful influence the press held over its readership, and he immediately went to work to reconstruct his “organ,” the Washington Daily Union, as a mouthpiece for himself, as well as the Democratic Party. -
Revised Intentions: James Buchanan and the Antebellum White House in Canto Ciii
REVISED INTENTIONS: JAMES BUCHANAN AND THE ANTEBELLUM WHITE HOUSE IN CANTO CIII James Dowthwaite Canto CIII was written in 1958 and is perhaps the last sustained insistence of Pound’s theory that economic and financial corruption, brought about by the insidious actions of large capitalists, is responsible for the majority of wars in modern history. Poundian criticism has only rarely touched on Canto CIII, and it has not been given extended treatment on its own terms, although individual lines have been considered in relation to wider discussion of Thrones de los Cantares. Massimo Bacigalupo links the canto to the opening of Canto C in its discussion of American history and the function of the American political machine, but also suggests that Pound’s capacity for textual authority is reduced by the time he writes Canto CIII. Pound had trouble with two lines in particular, ‘France, after Talleyrand started/ one war in Europe’ (CIII/753), which originally read ‘France, after Talleyrand started/ no war in Europe’, and then ‘no war in Europe until ‘70’. Unable to prove this belief (or uncertain of his claim), Pound changed it to its current form for publication.1 For Bacigalupo this casts doubt on Pound’s capacity for providing a chronicle that supports the very theory he is espousing, writing that ‘Pound’s reading of old annals and his doubtful insights into modern times will not coalesce, for the latter lack textual authority’.2 In many ways, Pound’s intention to present a chronicle in Canto CIII strains against the more discursive argument that drives his choice of subject matters. -
Overruling Mcculloch? Mark A
Arkansas Law Review Volume 72 | Number 1 Article 4 July 2019 Overruling McCulloch? Mark A. Graber University of Marlyand, Baltimore Follow this and additional works at: https://scholarworks.uark.edu/alr Part of the American Politics Commons, Banking and Finance Law Commons, Civil Procedure Commons, Constitutional Law Commons, Judges Commons, Legal History Commons, Legal Theory Commons, Political History Commons, Supreme Court of the United States Commons, Taxation-Federal Commons, and the United States History Commons Recommended Citation Mark A. Graber, Overruling McCulloch?, 72 Ark. L. Rev. 79 (2019). Available at: https://scholarworks.uark.edu/alr/vol72/iss1/4 This Article is brought to you for free and open access by ScholarWorks@UARK. It has been accepted for inclusion in Arkansas Law Review by an authorized editor of ScholarWorks@UARK. For more information, please contact [email protected]. Overruling McCulloch? Mark A. Graber Daniel Webster warned Whig associates in 1841 that the Supreme Court would likely declare unconstitutional the national bank bill that Henry Clay was pushing through the Congress.1 This claim was probably based on inside information. Webster was a close association of Justice Joseph Story.2 The justices at this time frequently leaked word to their political allies of judicial sentiments on the issues of the day.3 Even if Webster lacked first- hand knowledge of how the Taney Court would probably rule in a case raising the constitutionality of the national bank, the personnel on that tribunal provided strong grounds for Whig pessimism. Most Jacksonians vigorously opposed the national bank on both policy and constitutional grounds.4 The most vigorous opponents of that institution had been appointed to the Taney Court. -
Benjamin Curtis: Top of the List
WILLIAMS AUTHOR APPROVED EDITS (H) (P) 3/29/2007 2:45 PM BENJAMIN CURTIS: TOP OF THE LIST R. OWEN WILLIAMS* When did you last hear mention of Dred Scott,1 the case, its many opinions, or the Justices who sat for it, without a near simultaneous use of the words “best” or “worst”? The majority and dissenting opinions of Dred Scott, as well as the Justices who wrote them, appear on a range of best and worst lists. Ranking Supreme Court Justices and Supreme Court opinions is no trivial pursuit, and for legal historians and even the Justices themselves, it is a temptation too difficult to resist. In 1928, Charles Evans Hughes, between his terms as Associate and Chief Justice of the Court, published a list of “great” Justices. The following decade, Harvard Law School Dean Roscoe Pound produced his own such list. In 1957, Felix Frankfurter com- posed a roster of “greats” that, by dint of munificence and lapsed time, contained more names than the Hughes and Pound registers combined.2 In 1970, Albert Blaustein and Roy Mersky provided a systematic study on the topic, having polled sixty-five legal, history, and political science scholars (seven of them from the University of Texas at Austin), which yielded a catalog of twelve “greats” and fifteen “near greats” among the ninety-six Justices up to that time.3 Neither Benjamin Curtis nor Roger Taney, the best known of the Dred Scott Justices, qualified for Pound’s group of four greats. Curtis, however, was one of Hughes’s eight greats, and both Curtis * Ph.D. -
The Harvard Law School
THE HARVARD LAW SCHOOL Louis D. Brandeis† HE MUCH-DEBATED QUESTION, whether the law school or the lawyer’s office affords the better opportunity for le- gal training, may well be considered settled. Undoubt- edly each offers advantages which the other does not pos- Tsess. All lawyers concede that a short apprenticeship in the office of a practitioner is valuable; but a thorough knowledge of legal princi- ples is essential to higher professional success, and this knowledge, which under all circumstances is difficult of acquisition, can rarely be attained except as the result of uninterrupted, systematic study, under competent guidance. For such training, the lawyer’s office seldom affords an opportunity. That this is now the prevailing opin- ion among lawyers is shown by the growth of law schools in the United States, and the introduction in England of systematic in- struction in the common law, both at the Universities and at the Inns of Court. It is but a century since the first school for instruction in the common law was founded. The Harvard Law School, the oldest of all existing institutions devoted to such education, is scarcely sev- † This article (with illustrations) first appeared at 1 GREEN BAG 10 (1889). At the time, its author was ten years out of Harvard Law School and practicing law in Boston. He had declined an offer by Professor Langdell to be an assistant professor at the school, but was the secretary of the Harvard Law School Association (whose creation he had spearheaded) and had recently been involved in the founding of the Harvard Law Review. -
Benjamin R. Curtis: Maverick Lawyer and Independent Jurist Frank J
Roger Williams University Law Review Volume 17 | Issue 2 Article 2 Spring 2012 Benjamin R. Curtis: Maverick Lawyer and Independent Jurist Frank J. Williams The Lincoln Forum William D. Bader Esq. Follow this and additional works at: http://docs.rwu.edu/rwu_LR Recommended Citation Williams, Frank J. and Bader, William D. Esq. (2012) "Benjamin R. Curtis: Maverick Lawyer and Independent Jurist ," Roger Williams University Law Review: Vol. 17: Iss. 2, Article 2. Available at: http://docs.rwu.edu/rwu_LR/vol17/iss2/2 This Article is brought to you for free and open access by the Journals at DOCS@RWU. It has been accepted for inclusion in Roger Williams University Law Review by an authorized administrator of DOCS@RWU. For more information, please contact [email protected]. Articles Benjamin R. Curtis: Maverick Lawyer and Independent Jurist The Honorable Frank J. Williams* and William D. Bader, Esq.t I. INTRODUCTION Justice Benjamin Robbins Curtis, though generally obscure, has been held in high repute by today's legal scholars. Numerous surveys and tests tend to show that Curtis is regarded as a great or near-great Supreme Court justice.' His independent mind and meticulous decisions made him one of this nation's greatest jurists, despite the fact that he served only six terms as a justice * Former Chief Justice of the Rhode Island Supreme Court, adjunct professor at Roger Williams University School of Law, founding chair of The Lincoln Forum, and chair of the Rhode Island Civil War Sesquicentennial Commission. t: Member of the Connecticut Bar, nationally recognized lawyer and scholar, and author of numerous articles and book chapters in the areas of constitutional law and legal history. -
To Read Catalog 234
1 (Abraham Lincoln) Peoria Bar Association, Peoria, Illinois. ANNUAL LINCOLN MEMORIAL BANQUET, February 14, 1931, Pere Marquette Hotel, Peoria, Illinois. Menu. Edward J. Jacob, Printer. 7 pages. Text in green log-theme frame. Guests, George Fitch, 'Abraham Lincoln' (verse), Menu, Extracts from 1854 Peoria Speech, Program, Officers. 9.5 x 6.5", printed wrapper. VG. $15.00 2 (Advertising Juvenile) IN STRANGE LANDS. No date, ca 1900? (12) pages. 5 color images: Zulu, Mongolian, American Indian, Lapp, Egypt; drawings; advertisement on back: Barnard, Sumner & Putnam, Co., Worcester, Mass., Headquarters of Mr. Santa Claus, engraving of storefront. Stapled booklet, 9 x 6.5". Small edge chip, exterior slightly soiled, VG. $35.00 3 (Advertising Juvenile) Armstrong Cork Products Company, Lancaster, Pennsylvania. AROUND the WORLD with BETTY JANE: A New Quaker Girl Coloring Book. Copyright 1936. (16) pages. Color illustrated: Betty Jane with S.S. Quaker life preserver, mom, children in Holland, Switzerland, Eskimo, Zulu with lawnmower, Japan, Native American, with blanks to color, 6 linoleum designs. Stapled booklet, 10.5 x 7.25". Trifle rubbed, owner name in space provided (Ella Mildred Austin), VG. $15.00 4 (Advertising Juvenile) Greene, Julia, writer & illustrator. The DOLL'S CHRISTMAS PARTY. Presented by Santa Claus at Strawbridge & Clothier's, Philadelphia. No date, ca 1925? (32) pages. Drawings: partying Kewpie, Buddie Featherweight dolls, toys, Santa reading letter. 6 x 4.5", color wrapper. Slightly foxed, VG. $25.00 5 (Advertising Juvenile) Libby, McNeill & Libby, Chicago, Illinois. MOTHER GOOSE for MODERN MOTHERS. No date, ca 1950? (16) pages. Color illustrated, Libby's Homogenized Carrots can. Stapled booklet, 5 x 6.5".