The Old Supreme Court Chamber (1810-1860)
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Two Advisory Opinions by Chiefjustice Oliver Ellsworth
Two Advisory Opinions by ChiefJustice Oliver Ellsworth William R. Casto ODA.Y ADVISORY OPINIONS are between the President and the House of anathema to the federal judiciary, but Representatives. Representative Edward T the early justices ofthe Supreme Court Livingston of New York had introduced a were not so loath to provide extrajudicialadvice resolution that would have reqnired President ro the Executive Branch. Although thejustices Washington to submit to the House the fanlOusly refused to render an advisory opinion documents and correspondence relevant to onone occasion duri~gthe Neutrality Crisis of the negotiation of the Jay Treaty, purportedly '793, their refusal was an exception (albeit an to assist the House in deciding whether to exception that was to become the rule) to their appropriate funds related to the treary. As ordinary practice. John Jay, the first Chief ProfeSSor David Currie has noted, "debate on Justice ofthe United States, gave the Executive this resolution lasted an enrire month and was Branch advisory opinions on a wide variety of one of the most impressive and fundamental • subjects before the 1793 refusal. After the ever conducted in Congress:'z Five days after Neutrality Crisis, the Court's third Chief he became Chief Justice, Ellsworth wrote an Justice, Oliver Ellsworth, continued the opinion letter to Connecticut Senator • practice..I .Jonathan-Trumbull, _cQru;!lJdinUj;t .. the. I , In 1796, Ellsworth wrote an advisory House had. no constitutional role in treaty • opinion on a looming constitutional dispute making and was thus bound to appropriate William R. Casto is the Alvin R. Allison Professor ofLaw at the Texas nch University School ofLaw. -
The Question of Representation at the 1787 Convention
The Question of Representation at the 1787 Convention Student Name ___________________________________________________ Date ________________ Activity Two: Bicameralism, Modes of Election and the “Rule of Suffrage” in Congress Reading Set A. One House or Two? 1. Constitutional Convention, 16 June 1787 http://www.teachingamericanhistory.com/convention/debates/0616.html Mr. PATTERSON, said as he had on a former occasion given his sentiments on the plan proposed by Mr. R. he would now avoiding repetition as much as possible give his reasons in favor of that proposed by himself…It is urged that two branches in the Legislature are necessary. Why? for the purpose of a check. But the reason of7 the precaution is not applicable to this case. Within a particular State, where party heats prevail, such a check may be necessary. In such a body as Congress it is less necessary, and besides, the delegations of the different States are checks on each other. Do the people at large complain of Congs.? No, what they wish is that Congs. may have more power. If the power now proposed be not eno', the people hereafter will make additions to it… Mr. WILSON entered into a contrast of the principal points of the two plans so far he said as there had been time to examine the one last proposed. These points were 1. in the Virga. plan there are 2 & in some degree 3 branches in the Legislature: in the plan from N. J. there is to be a single legislature only… [P]roceeding now to the 1st point on which he had contrasted the two plans, he observed that anxious as he was for some augmentation of the federal powers, it would be with extreme reluctance indeed that he could ever consent to give powers to Congs. -
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. -
John Marshall
William & Mary Law Review Volume 43 (2001-2002) Issue 4 Symposium: The Legacy of Chief Article 9 Justice John Marshall March 2002 John Marshall: Remarks of October 6, 2000 William H. Rehnquist Follow this and additional works at: https://scholarship.law.wm.edu/wmlr Part of the Legal History Commons, and the Supreme Court of the United States Commons Repository Citation William H. Rehnquist, John Marshall: Remarks of October 6, 2000, 43 Wm. & Mary L. Rev. 1549 (2002), https://scholarship.law.wm.edu/wmlr/vol43/iss4/9 Copyright c 2002 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmlr JOHN MARSHALL REMARKS OF OCTOBER 6,2000 WILLIAM H. REHNQUIST* Thank you, Dean Reveley, for the kind introduction. It is a great pleasure to be here. Next January will be the two hundredth anniversary of the appointment of John Marshall as Chief Justice of the United States Supreme Court. I am quite convinced that Marshall deserves to be recognized along with George Washington, Alexander Hamilton, James Madison, and Thomas Jefferson as one of the "Founding Fathers" of this country. Admittedly, he does not have the name recognition of Washington, Hamilton, or Jefferson, but a strong case can be made for the proposition that his contribution to our system of government ranks with any of theirs. I shall try to make that case this evening. Of these Founders, Washington had the experience as a military commander and the reputation for public rectitude that were essential in our first President. -
Thk Northekn Boundary of Massachusetts in Its Relations to New Hampshire
1890.] Northern Boundary of Massachusetts. 11 THK NORTHEKN BOUNDARY OF MASSACHUSETTS IN ITS RELATIONS TO NEW HAMPSHIRE. BY SAMUEL A. GBEBN. THE Colonial Charter of Massachusetts Bay, granted by Charles I., under date of March 4, 1628-9, gave to the Governor and other representatives of the Massachusetts Company, on certain conditions, all the territory lying between an easterly and westerly line running three miles north of any part of the Merrimack River and extending from the Atlantic Ocean to the Pacific, and a similar paral- lel line running three mileä south of any part of the Charles Kiver. To. be more exact, and to quote the ipsissima verba of the original instrument, the bounds of this tract of land were as follows :— All that parte of Newe England in America which lyes and extendes betweene a great river there comonlie called Monomack riVer, alias Merrimaek river, and a certen other river there called Charles river, being in the bottome of a certen bay there comonlie .called Massachusetts, alias Mat- tachusetts, alias Massatusetts bay : And also all and singu- ler those landes and hereditaments whatsoever, lyeing within the space of three Englishe myles on the south parte of the saide river called Charles river, or of any or every parte thereof : And also all and singuler the landes and heredita- ments whatsoever lyeing and being within the space of three Englishe myles -to the southward of the southermost parte of the said baye called Massachusetts, alias Mattachusetts, alias Massatusetts bay : And also all those lands and hered- itaments whatsoever which lye and be within the space of ' three English myles to the northward of the saide river called Monomack, alias Merry mack, or to be norward of 12 American Antiquarian Soeiety. -
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. -
Exploring the Provenance of Elmer Crowell's Decoys
Mar/Apr10_DecoyMag_pgs2-47:Layout 1 6/9/10 9:34 AM Page 30 COVER STORY Connecting the Dots Exploring the provenance of Elmer Crowell’s decoys BY LINDA & G ENE KANGAS ecoy collecting is beginning a noteworthy transition in its youthful history. It is shifting from reliance upon rudimentary information such as who made Dsomething, where and when, to a signifi - cantly more inclusive context that consid - ers the amalgam of social, cultural and economic conditions that influenced de - sign. Understanding those complex dy - namics provides illuminating insights and explains elusive “why” factors. Decoys were often branded with ini - tials that offer clues to a larger story. Two Circa 1905-1910 Crowell hollow goldeneye branded JWW for John Willard Ware. decades ago uncovering comprehensive narratives were challenging; today Internet tioned. Three years later the identical let - of America’s earliest celebrated clockmakers. technology greatly facilitates discovery of ters appeared on an Elmer Crowell gold - When asked about John Ware Willard, the obscure dusty data. Dormant facts can be eneye also sold at auction. Who was museum indicated he had never lived in revived. Connecting the diversity of dots “JWW” and what is known about him? A Grafton. Was the decoy’s inscription true? helps integrate decoys into the spectrum collector’s notation is written on the gold - Verifying that question was essential. In - of North American history. eneye: “John W are Willard, Grafton, Mass.,” vestigating “JWW” led to well-connected peo - For example, in 2006 a Mason factory which is the location of The Willard House ple whose life paths intertwined. -
Henry L. Ellsworth Circular, 1837
Indiana Historical Society - Manuscripts & Archives HENRY L. ELLSWORTH CIRCULAR, 1837 Collection # SC 2378 Table of Contents User information Biographical sketch Scope and Content note Cataloguing information Processed by Charles Latham 21 May 1993 USER INFORMATION VOLUME OF COLLECTION: 1 item COLLECTION DATE: 1837 PROVENANCE: Thomas J. Moebs, Williamsburg VA, 19 May 1992 REPRODUCTION RIGHTS: Permission to reproduce or publish material in this collection must be obtained in writing from the Indiana Historical Society RELATED HOLDING: pam f F 532 .W2 E39 (printed circular without attached letter) ACCESSION NUMBER: 92.0253 BIOGRAPHICAL SKETCH Henry Leavitt Ellsworth (1791-1858) was born in Windsor, Connecticut, the son of Chief Justice Oliver Ellsworth. He graduated from Yale in 1810, and married Nancy Goodrich. In 1819-1821 he was president of Aetna Insurance Company. In 1832 he was commissioner to supervise the settlement of Indian tribes west of Arkansas. He was Commissioner of Patents from 1835 to 1845. An agriculturist as well as a federal functionary, he has been called the father of the United States Department of Agriculture. Source: Who Was Who in America (Historical Volume) SCOPE AND CONTENT This collection consists of one item, a printed circular with attached conjugate leaf. The circular, signed by Henry L. Ellsworth on 20 February 1837, announces the partnership of John Curtis and Edward A. Ellsworth, in Lafayette, Indiana, to act as a land and loan agency in the Wabash and Maumee valley. This area was expected to be opened up by construction of the Wabash and Erie Canal. On the second page is a letter from Curtis and Ellsworth to Swepson Whitehead of Norfolk, Virginia, enclosing seventeen land certificates, and a receipt from Henry Ellsworth for $2,000 in payment. -
The Constitutional Convention
The Constitutional Convention Woman (to Benjamin Franklin): “Well, Doctor, what have we got—a Republic or a Monarchy?” Benjamin Franklin: "A Republic, if you can keep it.” - McHenry, The Records of the Federal Convention of 1787 Scene at the Signing of the Constitution of the United States, Oil on Canvas, Howard Chandler Christy The hundred day debate known as the Constitutional Convention was one of the most momentous occurrences in United States Constitutional History, and the events that would take place in the Pennsylvania State House during that time would set the United States on the course towards becoming a true Constitutional Republic. The Convention took place from May 14 to September 17, 1787, in Philadelphia, Pennsylvania. The point of the event was decide how America was going to be governed. Although the Convention had been officially called to revise the existing Articles of Confederation, many delegates had much bigger plans. Men like James Madison and Alexander Hamilton wanted to create a new government rather than fix the existing one. The delegates elected George Washington to preside over the Convention. 70 Delegates had been appointed by the original states to attend the Constitutional Convention, but only 55 were able to be there. Rhode Island was the only state to not send any delegates at all. As history played out, the result of the Constitutional Convention was the United States Constitution, but it wasn't an easy path. The drafting process was grueling. They wanted the supreme law of the United States to be perfect. The first two months of the Convention saw fierce debate over the 15 points of the "Virginia Plan" which had been proposed by Madison as an upgrade to the Articles of Confederation. -
A Great Judicial Character, Roger Brooke Taney'
YALE LAW JOURNAL. A GREAT JUDICIAL CHARACTER, ROGER BROOKE TANEY' The history of the Judiciary of a country ought to be as instructive as that of its sovereigns or its zoldiers, and yet it is slighted by the ordinary chronicler who finds the back stair gossip of the palace or the blare and jingle of the camp more engaging to his pen than the sober story of the high but sometimes frigid development of Justice and its administration. For us American Lawyers in one hundred and thirty-two years of national exis- tence, its course is illustrated and its needs and achievements personified in the seven men who have held and administered the great office of Chief Justice of the Supreme Court of the United States, omitting those titular holders of the office who took no substantial part in its administration, like Rutlege who failed of confirmation on account of loss of reason which was deemed to incapacitate him. First in the honorable procession comes John Jay of New York, of Huguenot blood, who at thirty years of age was serving the revolutionists as a member of the committee of correspondence with the European friends of American Liberty, especially in the negotiations with France; later, resigning from the Continental Congress to serve in that of his province of New York. He was two years minister to Spain. With Franklin and Adams later he successfully negotiated peace -with Great Britain. Five years he was Secretary for Foreign Affairs and then was appointed by Washington the first Chief Justice of the Supreme Court of the United States in 1789. -
Samuel Willard: Savior of the Salem Witches
Culhane 1 Samuel Willard: Savior of the Salem Witches By Courtney Culhane Prof. Mary Beth Norton HIST/AMST/FGSS 2090 Culhane 2 It is approximately the first week of August, 1692. He cannot place the exact date, only that it had been roughly nine weeks since his capture on May 30th1. Since then he has lost all track of time, even with the extra daytime freedoms that his wealth and social statues allow him. “Such things did not prevent an accusation,” he mused, “as I am yet a prisoner by eventide, shackles or no, denounced as a witch of all things, by mere children! No matter, the appointed hour has almost arrived. I only pray Mary is prepared…Hark, the signal! It must be the minsters.” “Ye be Phillip English?” a coarse but welcome voice inquiries through the bars, through the darkness; its master bears no candle. “Indeed Reverend.” “Then make haste! The guards are paid off, your wife is waiting. Go now! And ‘if they persecute you in one city, flee to another.’”2 * Purportedly aiding Philip English in his flight from a Boston prison is only one instance of the Reverend Samuel Willard’s substantial personal involvement in the 1692-1693 incidents which American historical tradition has collectively adopted as “The Salem Witch Trials.” Although his participation in numerous areas of the trial proceedings has been definitively confirmed, Willard’s anti-trial “activism” and its consequences still leave curious contemporaries with several questions, the answers to which are necessary for a truly complete understanding of 1 Mary Beth Norton, In the Devil’s Snare: The Salem Witchcraft Crisis of 1692 (New York: Vintage Books 2003) 238. -
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.