DOCSLIB.ORG

The Kentucky Gazette

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Kentucky Gazette tx.i. T t.agar. THE KENTUCKY1?rriimn&rr&n GAZETTE, o. 785. MONDAY,. October. $, 180 1. Vol. XV LEXINGTON: Printed by JOHN BRADFORD', (On Main. Street J price Twd Dollaper Annum, paid In advance. William From the National Intelligencer. John Willard, marshal, John Graham, secretary legation. Eaton, Tunis, James 'Simpson, Morocco. For tbe New-For- &? COTPIERCIAL satisfaction of our subscribers Districl of k- CONSULS we have obtained'tbe following correSl John Slofs Hobart, AGENf3 MINISTERS, judge, Consuls list of tbe principal Officers of tbe Edwaid Liviugfton, Consuls in tbe of Great Britain and commissaries ofForeign attorney, Kin?fn powers resident tbe C0VERNMEN7 of tbe UNITED John Swartwout, marshal, and its dfndcies' in United States. STATES. - George W. Ervi'S' consul at London, - tb; f- New-Jerse- From Kingdom Great f Districl: yi and agent for magmg claims ior ipo of Britair. of Edward '1 II SUPREME EXECUTIVE Robert Morris, judge, liatinns. j hornton, charge des affairs. George Maxwell, David Lerto age"1 for prote&ing Thomas Barclay, consul genei al for the attorney, Eastern states. HOMAS JEFFERSON President. Thomas Lowry, marshal, American IVmen in Great Britain, Vice-Preside- Phincas Bond, consul AARON BUIIR, nt and Elias Vanerhorft, consul Briflol, general for the Middle and president of the Senate. Districl Pennsylvania. Robert W Fx Falmouth, Southern states. of Thomas T Richard Peters, judge, James MY, Liverpool, M'Donough, consul for DEPARTMENT of STATE A. J. Dallas, attorney for the eastern, Jofephvilfon, Dublin, MafTachufetts, Rliode Iil- - and Thoro Auldio, vite consul at Poole, and, and Connedlicut. John Breefe, vice consul James Madison, secretary, James Hamilton, attorney for the Geoe Knox, consul at Kingston upon Rhode Island. Gabriel YVood, Jacob Wagner, cheif clerk. Western diftricL the Hull, Baltimore. Benjamin Moodie, consul for John Smith, marshal of the eastern, &. m Ci Murray, Glasgow, North and South Carolina and DEPARTMENT of tbe TREASURY' Prefly Carr Lane, marshal for the imps Holmes, Belfall, Georgia. western diftricL John' Church, Cork, John Wallace," vice consul for Gecigia. Albert GallatinJ secretary, v Harry Grant, Leith, , From tbe French John Steel, comptroller, Districl of Delewarei Jacob Lewis, Calcutta, India, Republic H. , Louis Andre Piclion, des af- Richard Harrison, auditor, " "' J"gc, Benjamin Philips, Curracoa, charge - A'V fairs and William Miller,- commiffioner of the George Keed, John Gavino, Gibraltar, commiflury general of com- jun. attorney, mercial relations. revenue, Joel Lewis, marshal, Nicholas Ronfelet, Demarara, 8c. Samuel Meredith, treasurer, Effequibo, Citizen Oiler, vice tommiflary of com- John-Elmfli- mercial relations Joseph Nourfe, register. Districl of Maryland. jun. Cape of Good Hope) for Virginia. Tames Winchefter.iudpe. Joseph Peelis, Malta, Charles Fracois Loit, comnnfTary of commercial WAR DEPARTMENT Zebulon Hollingfworth, relations for Pennsylvania attornpv and Deleware. Henrv Dearborne, secretary Keuben biting, marshal, Commercial, tgents for tbe French William Simmons, accountant, Republic and her dominions. Louis Arcambal, (teuiporary)vice corrt-miffu- ry of commecial xIa-ryla- Israel Whelen, purveyor of public Districl ofColumbi, Fowler Shipwith, Paris, relations, for nd supplies, William Kilty, cheif James Blake, Antwerp, judge Marc Antonie Alexis William Irwine, fuperintendant of William Cranch, and Peter Dobell, Havre ae Grace. Giraud, commif-far- y of New-Hampflnr- military (lores. James Marshal, judges, Edward Jones, Island of Guadaloupe, commercial relations, for e, Jqhn.Tompfon Attorney, Mr. De la Motte, vice commercial Maffachufettes, Rhode-I-flan- d Mason, and NAVY" DEPARTMENT. Daniel Carrol BrentJ marshal, agent, Havre de Grace, Connecticut. Robert Smith, fecretaty, Hewit, regiter of wills for Thomas Aborn, commercial agent, John From tbe Kingdom Thomas Turner, accountant. Wafliington county, and Cayenne, of Sfiai de Cleon Moore, for that of Alexandria, William Buckhannon, Isle of France & Chevalier Yrujo, minister plerioo- - JUDICIARY. William H. Dorfey, judge of the Bourbon, tentiary. , Court orphan's court for Washington, and Etienne Cathalan, commercial agent, Thomas Stoughton, (temporary) ccrful Sufrie general. John Marshall, chief justice. George Gilpin, for that of Alexandria. Marfeills, William Cushing, of MafT. Thomas F. Gantt do. Nantz, Antonio Argpte Vilblobous, conl izt William Patterlon, of N. J. Districl Virginia. Francis L. Taney, do. Oflend Virginia and KentucV-- . of Baptifta Samuel Chase, of Md. Cyrus Griffin, judge, Tobias Lear, general commercial Jean Barnaben, conlul for Itlv. KSB ryland. Bufhrod Wafliington, of Virg. John Monroe attorney for the western agent in St. Domingo, resident at the Alfred Moore, of N. C. district, and Cape. Diego Murphy, ,confuI for North ard South Levi Lincoln, of MafTachufetts, attor. vacant marshal for the weflern John E. Caldwell, commercial agent Carolina. for the city of St. Domingo, Felipi Fation, conlul for ney general. diflriSl, of Virginia, s PerrftKarU. Eliai B. CSttlwell, of WaOungton Ci- Joseph Scott, marshal for the eaflern Bartholomew Dandridge, consul for Don Manuel Rengel, consul fcr Gorl ty Clerk. diftrift. the Southern Department excluding g'3-Iva- n Thomas Nelson, attorney of the eastern Petit-Goav- e, ' Stoyghton, consul foi Nev Ilaiip. do. au fhire,Maflachufets,ConiieC(icLt,Khoae Circuit courts. - diftircL Robert Richie, for Port Prince. ' 0 Island and Vermont. John Lowell of MaCT. cheif iudre. Potomac Districl. Consols in tbe Kingdom of Spain &? Joseph Wifeman, vice consul at New- R rtniirn oFR. I. &. I - Walter jois, attorney, and its Dominions. port. Smith, of.N. H. Judges. William Baker, marshal. Moses Young, consul at Madrid, Jer. From tbe Kingdom Benson, of N. Y, Joseph Yznardi, jun. Cadiz, of Portugal. Egbert Abram, vice New-Yor- Districl of Kentucky. Robert Montgomery, Alicant, John consul at k. cheif judge. James F. Varcuock, Woolcot. of Con. &. Harry Innes, judge, William Kirkpatrick, Malaga, vice consul for niiwr Lewis Meagher O'Brienj St. Andero, South Carolina. Saml. Hitchcock, of Vermont, Joseph H. Davifs, attorney, Augustan Madan, La Guier Richard Codman, vice consul judges. Joseph Crockett, marshal. MafT- Daniel Glarke, New-Orlea- achufetts. of Pen. WiliiamTilghman, North-Carolin- do. Districl of a. William E.' Hulling, vice cheif judge. Sitgreavcs, judge, John Mot ton, Havanna, From the Batavian Republic. Baffet, ofDel. &. John Richard Benjamin Woods, attorney, Josiah Blakely, St. Jago In Cuba, R. G. Van Polanen, minister resident. Griffith, of N. J. Adrian Will. John S. West, marshal. William Willis Barcelona, Valk, consul for Maryland and iudKes. John Cu'lnan, Teneriffe. Virginia. ) Sdutb-Carolin- Jan R'ufman Graves, Philip B Key, of Maryland, Districl of a. consul South Ca- I To rolina arid Georgia, cheif judge. e Thomas Bee, judge, t the Kingdom of Portugal and its G. K. Taylor, of Virginia, Thomas Parker, attornry, dominions. J. H. B. Heineken, commercial agent, and. J t B. maflial. Thomas Buckley consul at Lifbgn. Pennfylvinia. c Charles Cochran, C. Magil, T)f Virg. judges. J John Street, Fayal, From Russia. Dominick Hqll, ofS. Car. 1 .r Districl of Georgia, Republic-Sylvan- us Johar.n Ernft cheif judge. vacant judge, To tbe Batavian Christian Schultz copful - Baltimore. Henry Potter, N. C. J Charles Jackson, attorney, Bourne, consul general, Am- One appointment vacant. Anbrofe Gordon, marshal, fterdam. Joseph Fornian, consul Rotterdam, . From Sweden. OFFICERS. Districl Tennessee. Richard Sodcrftrom, consul general, DISRICT of Joseph John M'Nairy, Judge, 7a tbe Kingdom of Denmark and its Winthrop, vice consul, Charlcf- - Dominions, ton, South Distritt of Maine' Thomas Gray, attorney, Carolina. Rodolpho consul Co- Jonathan Swift, Columbia David Sewal, judge, Robert Hays, marshal, Hans Saabye, at and the penhagen. ports of the Potomac. Silas Lee, attorney, Charles lF. marlhal. Commissioners Loans. Henry Cooper, Santa Cruz, Deyon, vice consul for Parker, of New-Hamplhir- Isaac e, New-Hampshir- e, William Gardner, MafTachufetts & Rhode-Islan- - d. ' New Hatnsbire. Maflachufetts, Thomas Perkins, Prussia. Districl of consul Henry Gahn, vice Pickering, judge, Rhode-islan- Jabez Bowen, Frederick W. Lutge, at Setten. consul for NeW-- John York and Connedliout. John S. Sherebourne, attorney, Connecticut, William Imlay, New-Yor- To John Cowper, vice consul Bradley Cilley, Marlhal. k, Matthew Clarkfon. Germany. for Norfolk New-Jerse- consul and all other in y; James Ewing, Joseph Picarin at Hamburg, pcrts Virginia ex- Massacbusetts. Pennsylvania, Stephen Moylan. Frederick J. Wichelhaufon, Bremen, cept those on the Potomac. Disriil of Buritz, judge, Delaware, John Stockton, Philip Marck, Franconia, John vice consul for North John Davis, Carolina. Blake, attorney, Maryland, Benjamin Howard, John Lamfon, Treftc, George Peter Collin, vice consul Samuel Bradford, marlhal. Virginia, John Hopkins, for Maryland. North Carolina, Sherwood Haywood To tbe Kingdom ofSweden. Rhode-Islan- Elias conTul Gottenberg. North TVestcrn d. South Carolina, John Neufville, Backman, Territory. Distriht of Arthur St. Clair, David L. Barnes, judge, Georgia, Richard Wylley. governor, To Charles Willing David Howal, attorney, tbe Italian states. Byrd, secretary, ' James Findlay, forthedif-Wm- William Peck, marlhal, 3IINISTERS. Thomas Appleton, consul at Leghorn, marfhall, . Of the United States, .resident in For- John Matthew, Naples, M'Milljn attorney, J tricl Ohio. John ClevesSymmes, Districl of Connecticut eign Countries John Baptifte Sartori, Rome, chief justice. Law, judge, Rufus King, minister plenipotentiary, Frederick H. Walloflon, consul Genoai Joseph Gilman, T Richard Return J Judes Pierpont Edwards, attorney, in London. Jonathan Maigs, jun, Philip B. .Bradley, marlhal, Robert R. Livingflon, do. do. Paris To tbe Barbary Powers Thomas Sumpter, jun.' secretary of Richard O'Brien, consul general, Al- Mississippi Territory " DistriSl Vermont. legation, giers, f' William C. C. Claiborne, governor. of Steel Elijah Paine, jndge, Charles Pinckney, minister plenipoten- James Leander Cathcart, consul, John fecretpry, Seth Lewis, ' David Fay, attorney, tiary Madrid, chief Justice,.
Load more

Recommended publications
  • 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.
    [Show full text]
  • Federalist Politics and William Marbury's Appointment As Justice of the Peace
    Catholic University Law Review Volume 45 Issue 2 Winter 1996 Article 2 1996 Marbury's Travail: Federalist Politics and William Marbury's Appointment as Justice of the Peace. David F. Forte Follow this and additional works at: https://scholarship.law.edu/lawreview Recommended Citation David F. Forte, Marbury's Travail: Federalist Politics and William Marbury's Appointment as Justice of the Peace., 45 Cath. U. L. Rev. 349 (1996). Available at: https://scholarship.law.edu/lawreview/vol45/iss2/2 This Article is brought to you for free and open access by CUA Law Scholarship Repository. It has been accepted for inclusion in Catholic University Law Review by an authorized editor of CUA Law Scholarship Repository. For more information, please contact [email protected]. ARTICLES MARBURY'S TRAVAIL: FEDERALIST POLITICS AND WILLIAM MARBURY'S APPOINTMENT AS JUSTICE OF THE PEACE* David F. Forte** * The author certifies that, to the best of his ability and belief, each citation to unpublished manuscript sources accurately reflects the information or proposition asserted in the text. ** Professor of Law, Cleveland State University. A.B., Harvard University; M.A., Manchester University; Ph.D., University of Toronto; J.D., Columbia University. After four years of research in research libraries throughout the northeast and middle Atlantic states, it is difficult for me to thank the dozens of people who personally took an interest in this work and gave so much of their expertise to its completion. I apologize for the inevita- ble omissions that follow. My thanks to those who reviewed the text and gave me the benefits of their comments and advice: the late George Haskins, Forrest McDonald, Victor Rosenblum, William van Alstyne, Richard Aynes, Ronald Rotunda, James O'Fallon, Deborah Klein, Patricia Mc- Coy, and Steven Gottlieb.
    [Show full text]
  • John-Adams-3-Contents.Pdf
    Contents TREATY COMMISSIONER AND MINISTER TO THE NETHERLANDS AND TO GREAT BRITAIN, 1784–1788 To Joseph Reed, February 11, 1784 Washington’s Character ....................... 3 To Charles Spener, March 24, 1784 “Three grand Objects” ........................ 4 To the Marquis de Lafayette, March 28, 1784 Chivalric Orders ............................ 5 To Samuel Adams, May 4, 1784 “Justice may not be done me” ................... 6 To John Quincy Adams, June 1784 “The Art of writing Letters”................... 8 From the Diary: June 22–July 10, 1784 ............. 9 To Abigail Adams, July 26, 1784 “The happiest Man upon Earth”................ 10 To Abigail Adams 2nd, July 27, 1784 Keeping a Journal .......................... 12 To James Warren, August 27, 1784 Diplomatic Salaries ......................... 13 To Benjamin Waterhouse, April 23, 1785 John Quincy’s Education ..................... 15 To Elbridge Gerry, May 2, 1785 “Kinds of Vanity” .......................... 16 From the Diary: May 3, 1785 ..................... 23 To John Jay, June 2, 1785 Meeting George III ......................... 24 To Samuel Adams, August 15, 1785 “The contagion of luxury” .................... 28 xi 9781598534665_Adams_Writings_791165.indb 11 12/10/15 8:38 AM xii CONteNtS To John Jebb, August 21, 1785 Salaries for Public Officers .................... 29 To John Jebb, September 10, 1785 “The first Step of Corruption”.................. 33 To Thomas Jefferson, February 17, 1786 The Ambassador from Tripoli .................. 38 To William White, February 28, 1786 Religious Liberty ........................... 41 To Matthew Robinson-Morris, March 4–20, 1786 Liberty and Commerce....................... 42 To Granville Sharp, March 8, 1786 The Slave Trade............................ 45 To Matthew Robinson-Morris, March 23, 1786 American Debt ............................ 46 From the Diary: March 30, 1786 .................. 49 Notes on a Tour of England with Thomas Jefferson, April 1786 ...............................
    [Show full text]
  • 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.
    [Show full text]
  • Washington City, 1800-1830 Cynthia Diane Earman Louisiana State University and Agricultural and Mechanical College
    Louisiana State University LSU Digital Commons LSU Historical Dissertations and Theses Graduate School Fall 11-12-1992 Boardinghouses, Parties and the Creation of a Political Society: Washington City, 1800-1830 Cynthia Diane Earman Louisiana State University and Agricultural and Mechanical College Follow this and additional works at: https://digitalcommons.lsu.edu/gradschool_disstheses Part of the History Commons Recommended Citation Earman, Cynthia Diane, "Boardinghouses, Parties and the Creation of a Political Society: Washington City, 1800-1830" (1992). LSU Historical Dissertations and Theses. 8222. https://digitalcommons.lsu.edu/gradschool_disstheses/8222 This Thesis is brought to you for free and open access by the Graduate School at LSU Digital Commons. It has been accepted for inclusion in LSU Historical Dissertations and Theses by an authorized administrator of LSU Digital Commons. For more information, please contact [email protected]. BOARDINGHOUSES, PARTIES AND THE CREATION OF A POLITICAL SOCIETY: WASHINGTON CITY, 1800-1830 A Thesis Submitted to the Graduate Faculty of the Louisiana State University and Agricultural and Mechanical College in partial fulfillment of the requirements for the degree of Master of Arts in The Department of History by Cynthia Diane Earman A.B., Goucher College, 1989 December 1992 MANUSCRIPT THESES Unpublished theses submitted for the Master's and Doctor's Degrees and deposited in the Louisiana State University Libraries are available for inspection. Use of any thesis is limited by the rights of the author. Bibliographical references may be noted, but passages may not be copied unless the author has given permission. Credit must be given in subsequent written or published work. A library which borrows this thesis for use by its clientele is expected to make sure that the borrower is aware of the above restrictions.
    [Show full text]
  • Judicial Bookshelf D
    Journal of Supreme Court History SUPREME COURT HISTORICAL SOCIETY WARREN E. BURGER Chief Justice 1969-1986 Journal of Supreme Court History PUBLICA TIONS COMMITTEE E. Barrett Prettyman, Jr. Chairman Donald B. Ayer Louis R. Cohen Charles Cooper Kenneth S. Geller James J. Kilpatrick Melvin I. Urofsky BOARD OF EDITORS Melvin I. U rofsky, Chairman HennanBelz Craig Joyce David O'Brien David J. Bodenhamer Laura Kalman Michael Parrish Kermit Hall MaevaMarcus Philippa Strum MANAGING EDITOR Clare Cushman CONSULTING EDITORS Kathleen Shurtleff Patricia R. Evans James J. Kilpatrick Jennifer M. Lowe DavidT.Pride Supreme Court Historical Society Board of Trustees Honorary Chairman William H. Rehnquist Honorary Trustees Harry A. Blackmun Byron R. White Chairman President DwightD.Opperman Leon Silverman Vice Presidents Vincente. Burke,lr. Frank e. Jones Dorothy Tapper Goldman E. Barrett Prettyman, Jr. Secretary Treasurer Virginia Warren Daly Sheldon S. Cohen Trustees George R. Adams KennethS. Geller Stephen W. Nealon Victor Battaglia FrankB. Gilbert Gordon O. Pehrson Helman Belz John D. Gordan III Leon Polsky Barbara A. Black Geoffreye. Hazard, Jr. Charles B. Renfrew HugoL. Black,lr. Judith Ri chards Hope Wi II iamB radford Reynolds Vera Brown Ruth lnsel John R. Ri sher, Jr. Wade Burger WilliamE. Jackson Harvey Ri shikof Patricia Dwinnell Butler Robb M. Jones WilliamP. Rogers Benjamin R. Ci viletti JamesJ. Kilpatrick Jonathan e. Rose Andrew M. Coats Peter A. Knowles Jerold S. Solovy William T. Coleman, Jr. Philip Allen Lacovara Kenneth Starr F. Elwood Davis Ralph l. Lancaster, Jr. Cathleen Douglas Stone George Didden III JeromeB. Libin Agnes N. Williams Charlton Dietz Maureen E. Mahoney W.
    [Show full text]
  • MIDNIGHT JUDGES KATHRYN Turnu I
    [Vol.109 THE MIDNIGHT JUDGES KATHRYN TuRNu I "The Federalists have retired into the judiciary as a strong- hold . and from that battery all the works of republicanism are to be beaten down and erased." ' This bitter lament of Thomas Jefferson after he had succeeded to the Presidency referred to the final legacy bequeathed him by the Federalist party. Passed during the closing weeks of the Adams administration, the Judiciary Act of 1801 2 pro- vided the Chief Executive with an opportunity to fill new judicial offices carrying tenure for life before his authority ended on March 4, 1801. Because of the last-minute rush in accomplishing this purpose, those men then appointed have since been known by the familiar generic designation, "the midnight judges." This flight of Federalists into the sanctuary of an expanded federal judiciary was, of course, viewed by the Republicans as the last of many partisan outrages, and was to furnish the focus for Republican retaliation once the Jeffersonian Congress convened in the fall of 1801. That the Judiciary Act of 1801 was repealed and the new judges deprived of their new offices in the first of the party battles of the Jeffersonian period is well known. However, the circumstances surrounding the appointment of "the midnight judges" have never been recounted, and even the names of those appointed have vanished from studies of the period. It is the purpose of this Article to provide some further information about the final event of the Federalist decade. A cardinal feature of the Judiciary Act of 1801 was a reform long advocated-the reorganization of the circuit courts.' Under the Judiciary Act of 1789, the judicial districts of the United States had been grouped into three circuits-Eastern, Middle, and Southern-in which circuit court was held by two justices of the Supreme Court (after 1793, by one justice) ' and the district judge of the district in which the court was sitting.5 The Act of 1801 grouped the districts t Assistant Professor of History, Wellesley College.
    [Show full text]
  • Recovering the World of the Marshall Court, 33 J. Marshall L. Rev. 781 (2000)
    UIC Law Review Volume 33 Issue 4 Article 9 Summer 2000 Recovering the World of the Marshall Court, 33 J. Marshall L. Rev. 781 (2000) G. Edward White Follow this and additional works at: https://repository.law.uic.edu/lawreview Part of the Constitutional Law Commons, Courts Commons, Judges Commons, Jurisprudence Commons, Legal History Commons, and the Legal Profession Commons Recommended Citation G. Edward White, Recovering the World of the Marshall Court, 33 J. Marshall L. Rev. 781 (2000) https://repository.law.uic.edu/lawreview/vol33/iss4/9 This Article 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]. RECOVERING THE WORLD OF THE MARSHALL COURT G. EDWARD WHITE* I. In 1982, I delivered a lecture1 which was subsequently reprinted in a 1994 book of essays,2 in which I outlined four "talismanic" historiographical labels for the Marshall Court and commented on their persistence over time, despite their descriptive and analytical difficulties.3 I also explored the usefulness of introducing a fifth label to characterize the Marshall Court, concluding that notwithstanding the general limitations of such labels, they could provide points of entry into historical worlds quite different from our own.4 Six years after delivering the lecture, I published a history of the Marshall Court in the Oliver Wendell Holmes Devise History series5 in which I made considerable use of the fifth label. The talismanic labels for the Marshall Court I identified in 1982 were "nationalistic," "Federalist," "property-conscious," and "Chief Justice-dominated."' I suggested that each of the labels ranged from oversimplifications to anachronistic distortions of the Court's jurisprudential tendencies and institutional identity, but that their very endurance-they appeared in commentary from at * University Professor and John B.
    [Show full text]
  • 7/17/2014 Chief Judge William Cranch's Dissent in US V. Bollman
    1 7/17/2014 Chief Judge William Cranch's Dissent in U. S. v. Bollman: A Noble Beginning for the D.C. Circuit Court By R. Kent Newmyer* The federal Circuit Court for the District of Columbia had been in operation for a mere six years in l807 when it heard U.S. v. Bollman et al--a case that turned out to be the opening salvo in the famous treason trial of Vice President Aaron Burr. The framers of the February 27, l801 statute that created the new court did not envisage such sudden notoriety for their creation. Most certainly, they did not foresee the fact that the new court would in time become the premier federal circuit court with a stately jurisdiction that made it the main forum for cases involving the branches of the federal government and federal administrative agencies. Rather, the new three-judge court was part of a plan to provide a local court system for the District of Columbia, which, beginning in l801, was the new and unstructured abode of the federal government. The Circuit Court heard appeals from the federal District Court for the Circuit, and since it was also vested with a general state jurisdiction, it heard a wide range of local matters of both a civil and criminal nature. Since the District included two counties, one in Maryland and the other in Virginia, cases appealed to the Court were to be decided according to the laws and legal procedures of the state wherein the case originated. Because slavery was common to the District, as well as to Maryland and Virginia, numerous cases ** R.
    [Show full text]
  • Editing Marshall, 33 J. Marshall L. Rev. 823 (2000)
    UIC Law Review Volume 33 Issue 4 Article 10 Summer 2000 Editing Marshall, 33 J. Marshall L. Rev. 823 (2000) Charles F. Hobson Follow this and additional works at: https://repository.law.uic.edu/lawreview Part of the Constitutional Law Commons, Courts Commons, Judges Commons, Jurisprudence Commons, Legal History Commons, Legal Profession Commons, and the Legal Writing and Research Commons Recommended Citation Charle F. Hobson, Editing Marshall, 33 J. Marshall L. Rev. 823 (2000) https://repository.law.uic.edu/lawreview/vol33/iss4/10 This Article 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]. EDITING MARSHALL CHARLES F. HOBSON* INTRODUCTION The Papers of John Marshall is an enterprise devoted to producing a Marshall legacy: the first annotated edition of his correspondence and-papers. This project is nearing completion, though not soon enough to coincide with the bicentennial of his appointment as Chief Justice of the United States. In February 2000, the University of North Carolina Press published Volume 10, which covers the years 1824 through March 1827. The complete edition of twelve or thirteen volumes should be finished in five or six years. Enough time has elapsed since the first volume was published more than a quarter century ago to offer a preliminary appraisal of the ways in which this multi-volume edition enhanced the study of both Marshall the man and Marshall the jurist. To carry out this assignment I will consider three broad areas: (1) his education and practice as a lawyer in late eighteenth-century Virginia; (2) his three decades as Chief Justice of the United States, during which time he sat not only on the Supreme Court but also on the United States Circuit Courts for Virginia and North Carolina; and (3) lastly, his life off the bench, including his roles as historian and biographer, enterprising landowner, and family chieftain.
    [Show full text]
  • Executive Power and the Rule of Law in the Marshall Court: a Rereading of Little V
    EXECUTIVE POWER AND THE RULE OF LAW IN THE MARSHALL COURT: A REREADING OF LITTLE V. BARREME AND MURRAY V. SCHOONER CHARMING BETSY Jane Manners* This Essay uses two 1804 opinions by Chief Justice John Marshall to explicate a world in which understandings of executive power and the rule of law were very different from those that predominate today. Scholars have misread Little v. Barreme and Murray v. Schooner Charming Betsy, this Essay argues, because they apply modern assumptions about the balance of power between Congress and the executive that do not fit the Marshall Court’s constitutional vision. Contemporary interpretations read Little for the propositions that the president’s inherent wartime power may be limited by statute and that early American jurists rejected officers’ “good faith” defenses to liability for tortious acts. But the opinion in fact reflects the Marshall Court’s view that, in an undeclared war, the president could not act at all unless authorized by Congress and that under no circumstances could the president give an officer a right to act where Congress had not. Charming Betsy, meanwhile, is known today for the “Charming Betsy canon”: Marshall’s assertion that wherever possible, courts ought to interpret the laws of Congress to accord with international law. In its historical context, however, the case illustrates Marshall’s view of the law of nations not as an external constraint on sovereignty—a common understanding of international law’s role today—but as an aspect of the rule of law critical to preserving the proper allocation of powers between Congress and the president.
    [Show full text]
  • William Johnson, the Dog That Did Not Bark? Mark R
    Vanderbilt Law Review Volume 62 | Issue 2 Article 4 3-2009 William Johnson, the Dog That Did Not Bark? Mark R. Killenbeck Follow this and additional works at: https://scholarship.law.vanderbilt.edu/vlr Part of the Judges Commons, and the Supreme Court of the United States Commons Recommended Citation Mark R. Killenbeck, William Johnson, the Dog That Did Not Bark?, 62 Vanderbilt Law Review 407 (2019) Available at: https://scholarship.law.vanderbilt.edu/vlr/vol62/iss2/4 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]. William Johnson, the Dog That Did Not Bark? Mark R. Killenbeck* "Is there any point to which you would wish to draw my attention?" "To the curious incident of the dog in the night-time." "The dog did nothing in the night-time." "That was the curious incident," remarked Sherlock Holmes. -Arthur Conan Doyle, Silver Blaze (Adventure XIII), MEMOIRS OF SHERLOCK HOLMES The conventional wisdom is that Justice William Johnson, Jr., was the "the first dissenter."1 This is not literally true. The first published opinion of the Court was Georgia v. Brailsford,2 in which each member of the Court expressed his views seriatim. Ironically, the first to speak was the first Justice Johnson, Thomas of Maryland, 3 whose reasoning helped create a 4-2 split that produced a number of Supreme Court firsts: the first published set of opinions, the first split decision, and the first dissent.
    [Show full text]