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6 X 10.5 Long Title.P65 Cambridge University Press 978-0-521-49087-0 - Blackstone in America: Selected Essays of Kathryn Preyer Edited by Mary Sarah Bilder, Maeva Marcus and R. Kent Newmyer Index More information Index Adams, Abigail, 42, 44–45 in diversity suits, 35–36 Adams, John. See also Marshall, federal jurisdiction restriction, appointment of Chief Justice; 11–12, 18 “midnight judges” appointments restoration, call for, 23–24 Beccarian influence, 242 Aurora (newspaper) judicial organization/reform, 14, 16 on Federal power, 17 jurors, role of, 97 on Jay’s Supreme Court Adams, Thomas Boylston, 41–42, nomination, 41–42 43–45, 47 on Marshall’s Supreme Court Alien and Sedition Acts confirmation, 57 and common law principles, on “midnight judges” 191–192 appointments, 87 as Federalist policy, 14–15 on partisan purposes, 20 Hay’s attacks on, 102–103 on Paterson’s failure to secure juries, rights of, 97 nomination, 55 Marshall’s opposition to, 51–52 seditious libel charges, 200 and source of authority, 98 Autobiography (Jefferson), 166 trials under, 108–109 U.S. v. Callender, 92–93 Bache, Benjamin, 192–194 American law Bassett, Richard, 79–80, 89 English background of, 92 Bayard, James trial by jury tradition, 93–95 access to federal courts, 22–23 American republic creation. See also commercial republic, 36 penal measures, American and Judiciary Act of 1801, 21–22, colonies 24 inhabitants/establishment of judiciary system revisions, 16–17 colonies, 254 juries, rights of, 97 Ames, Fisher, 63 as land speculator, 34–35 Archilochus, 2 “midnight judges” appointments, assignee clause 68–70, 79–80 277 © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-0-521-49087-0 - Blackstone in America: Selected Essays of Kathryn Preyer Edited by Mary Sarah Bilder, Maeva Marcus and R. Kent Newmyer Index More information 278 Index Bayard, John, 68–69 restitution/compensation to victims, Bayard, Samuel, 68–69 158–159 Bayard v. Singleton, 95 Taylor’s sentencing revisions, Baynes, John, 252–253 173–176 Beccaria, Cesare Bingham, William deterrence of crime, 150 Judiciary Act of 1801, 25–26 Essay on Crimes and Punishments, as land speculator, 34–35 239–240, 250–251, 259–260 “midnight judges” appointments, Founding Fathers’ familiarity with, 75, 78–79 240–241 Blackstone, William, 241–242 as “household” name, 246–248 Blake, George, 223 influence of, 235–237 Body of Liberties, 125 penal system attack, 239–240 Bollman ruling. See Ex parte Bollman proportional punishment, book, history of the, 235 248–249 Boudinot, Elias, 78 translation/spread of work, Boudinot, Elisha, 78 241–242 Bourne, Benjamin, 63–64, 89 Bee, Thomas, 81–82, 87, 89 Boyd, Julian, 157 Beeman, Richard, 181 Bradford, William, 247–248, 258 Benson, Egbert, 68–70, 89 Breckinridge, John, 247 Berlin, Isaiah, 2 Brown, John, 82–84 Bevans, U.S. v., 228–229 Bull, Calder v., 107 Biddle, Green v., 29 Burk, John Daly, 192–194 Bigelow and Jenkins, U.S. v., Burr, Aaron, 21–22, 207, 209 220–221, 225 Butler, William, 214–216 Bilder, Mary Sarah, 235–238 “Bill for Proportioning Crimes and Cabot, George, 52 Punishments” Calder v. Bull, 107 ancient punishments, 159–160 Callender, James. See also U.S. v. Beccarian influence/precepts, Callender 243–244 background of, 101 court records analysis, 166–173 on Marshall’s Supreme Court dueling, 160–163 confirmation, 57 forfeiture, principle of, 157–158 Callender, U.S. v. See U.S. v. generally accepted practices, 157 Callender Jefferson’s work on, 100, 151–153, capital city, United States, 84 260–263 capital punishment records, in legislative action/defeat, 164–166, England, 255–256 271–272 Carnegie Fellowship, 2 leniency, experiments with, 176 Chase, Samuel. See also U.S. v. maiming/disfiguring, 163–164 Callender murder/manslaughter, 163 background of, 101–102 offenses against persons, 164 federal common law of crimes, penalties scale/imprisonment terms, 194–195, 197–199 154, 174 impeachment of, 92–93 proportionality, symmetry of, “midnight judges” appointments, 153–156, 160 80–81, 89 © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-0-521-49087-0 - Blackstone in America: Selected Essays of Kathryn Preyer Edited by Mary Sarah Bilder, Maeva Marcus and R. Kent Newmyer Index More information Index 279 punishment and common law, political partisanship/controversy, 204–206 199–206, 230 Supreme Court justiceship, 3, 42–43 U.S. v. Hudson and Goodwin, 187, U.S. v. Worrall, 192–194, 195–197 213 Chauncey, Charles, 70 Commonwealth v. Tench Coxe, 30 Chipman, Nathaniel, 67–68, Constitutional Convention, 11 247–248 constitutions/declarations of rights, Chisholm v. Georgia, 14, 34–35 242–243 circuit courts Coolidge, Cornelius, 218–221 jurisdiction of, 11, 27–28 Coolidge, U.S. v., 218–221, 225, jurisdictional amount, 11–12 227 organization of, 17–18, 27, Cooper v. Telfair, 107–108 60 Cranch, William, 85, 89 civil litigation criminal law reform. See also “Bill for judicial powers, 11–12 Proportioning Crimes and private vs. government interests, Punishments” 33–34 county courts, character of, Clark, Stephen, 219–220 180–183 Clark, U.S. v., 219–220, 225 deterrence, opinions on, 150 Clay, Joseph, 81–82, 89 felony prosecutions, 272–273 clergy, benefit of, 124, 131, 132–134, general and county courts, 149–150 148–149 law enforcement, inadequacies of, colonial period, 249–250 179–180 colonies, inhabitants/establishment of, legal institutions, role of, 150–151, 254 176–178 Columbian Centinel, 24 proportional punishment Commentaries on the Laws of legislation, 273–275 England (Blackstone) social customs/control, 178–179, commercial litigation, 35–36 182, 183–184 common law of crimes, federal trial statistics, 156–157 admiralty/maritime jurisdiction, use of English criminal code, 213–216, 218 148–149 embargo law/acts, 207–209 Curti, Merle, 2–3 English common law applicability, Cushing, William 186–187, 229 federal common law of crimes, familiar cases, 192–194 189–190 first federal criminal statute, Supreme Court justiceship, 42–43, 187–189 44–45, 46, 48–49 grand jury action/instructions, 189–192 Daggett, David, 227 humanitarian doctrines, 228–229 Dallas, Alexander, 203–204, judges’ support of, 194–196 214–215, 228–229 legislative support, 209–213 Davis, John, 66–67 nature of discourse, 185 Dayton, Jonathan non-criminal questions, 230–231 on Chief Justice appointment, 54, original intent/understanding, 56 185–186, 229 judiciary system revisions, 15–16 © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-0-521-49087-0 - Blackstone in America: Selected Essays of Kathryn Preyer Edited by Mary Sarah Bilder, Maeva Marcus and R. Kent Newmyer Index More information 280 Index Dayton, Jonathan (cont.) Essay on Crimes and Punishments “midnight judges” appointments, (Beccaria) 63 penal system attack, 239–240 declarations of rights/constitutions, translation/quotation of, 241–242, 242–243 250–251, 259–260 Dexter, Samuel Every Man His Own Lawyer (Jacob), judiciary system revisions, 238 16–17 Ex parte Bollman, 211, 216, 221 “midnight judges” appointments, 62–63, 71–72 Fairfax land title, 23, 31–32 district courts, 27–28 Fairfax’s Devisee v. Hunter’s Lessee, District of Columbia, 84 29 diversity suits federal common law of crimes assignee clause in, 35–36 admiralty/maritime jurisdiction, in circuit courts, 11–12 213–216, 218 jurisdictional amount in, 11–12, embargo law/acts, 207–209 18–19, 28 English common law applicability, original jurisdiction, 28 186–187, 229 Documentary History of the Supreme familiar cases, 192–194 Court (Marcus), 4 first federal criminal statute, Dooley, Brendan, 236 187–189 Douglass, Huidekoper’s Lessee v., grand jury action/instructions, 29 189–192 Duane, William, 17, 201–202 humanitarian doctrines, 228–229 Duchy of Tuscany. See Leopold, Peter judges’ support of, 194–196 (Grand Duke of Tuscany) legislative support, 209–213 Durrell, William, 192–194 nature of discourse, 185 non-criminal questions, 230–231 Eden, William, 260 original intent/understanding, Edict of the Grand Duke of Tuscany, 185–186, 229 for the reform of criminal law in political partisanship/controversy, his dominions (Leopold), 199–206, 230 235–236 U.S. v. Hudson and Goodwin, 187, Edwards, Pierpont, 207, 209 213 Ellsworth, Oliver federal courts/judiciary federal common law of crimes, access to, 22–23 194 antagonism to, 97–98 grand jury action/instructions, and assignee clause, 11–12, 18 191–192 authority question, 11 resignation of, 21–22, 39 organization of, 11 U.S. v. Smith, 192–194 Federalist policy. See also Judiciary English tradition Act of 1801, historical in American law, 92 significance; Judiciary Act of jurors, role of, 96 1801, legislative history in trial by jury, 93–95 of Adams administration, 14–15 Enlightenment ideology, 249–250, popularization of federal courts, 256–258 36–37 © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-0-521-49087-0 - Blackstone in America: Selected Essays of Kathryn Preyer Edited by Mary Sarah Bilder, Maeva Marcus and R. Kent Newmyer Index More information Index 281 Federalists federal common law of crimes, appointments of, 43 199 Hamiltonian, 41, 53 judiciary system revisions, 16–17 removal from power, 39–40 as land speculator, 34–35 Flaherty, David, 135–136 “midnight judges” appointments, Fletcher v. Peck, 29 89 Foster, Dwight, 63 recommitment of bill, 19–20 Foster, Theodore, 68–69 Haskins, George, 128 Founding Fathers, familiarity with Hay, George Beccaria, 240–241 background of, 102–103 Fowler, John, 86 embargo law/acts, 209 Franklin, Benjamin, 162, 252–254, U.S. v. Callender, 103–104, 106, 276 110–111 Freyer, Tony, 230–231 U.S. v. William Smith, 210–211 Henderson, Archibald, 21–22 Gallatin, Albert, 19–20 Henfield, U.S. v., 192–194 Georgia, Chisholm v., 14, 34–35 Hillhouse, James, 71–72 Gibbons, Thomas, 81–82, 87 Hitchcock, Samuel, 67–68, 89 Giles, William Branch, 90, 101 Hobart, John Sloss, 192–194 Goebel, Julius, 131, 193 Hofstadter, Richard, 119 Goodrich, Chauncey, 16–17, Holland Land Company, 29–30 72–73 Hopkinson, Joseph, 74–75 Goodwin.
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