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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. -
The American Experience with Diplomacy and Military Restraint I
PART I: THE AmERICAN EXPERIENCE WITH DIPLOMACY AND MILITARY RESTRAINT i. Orphaned Diplomats: The American Struggle to Match Diplomacy with Power Jeremi Suri E. Gordon Fox Professor of History and Director, European Union Center of Excellence, University of Wisconsin, Madison Benjamin Franklin spent the American Revolution in Paris. He had helped to draft the Declaration of Independence in the summer of 1776, one of the most radical documents of the eighteenth century—sparking rebellion on both sides of the Atlantic Ocean. Serving as a representative for the Continental Congress in France during the next decade, Franklin became a celebrity. He was the enlightened idealist from the frontier, the man of principled action who enthralled onlookers in the rigid European class societies of the 1770s and ’80s. Franklin embodied the American critique of Old World society, economy, and diplomacy. He was one of many American revolutionaries to take aim at the degenerate world of powdered wigs, fancy uniforms, and silver-service dinners where the great men of Europe decided the fate of distant societies. Franklin was a representative of the enduring American urge to replace the diplomacy of aristocrats with the openness and freedom of democrats.1 Despite his radical criticisms of aristocracy, Franklin was also a prominent participant in Parisian salons. To the consternation of John Adams and John Jay, he dined most evenings with the most conservative elements of French high society. Unlike Adams, he did not refuse to dress the part. For all his frontiers- man claims, Franklin relished high-society silver-service meals, especially if generous portions of wine were available for the guests. -
William Preston and the Revolutionary Settlement
Journal of Backcountry Studies EDITOR’S NOTE: This is the third and last installment of the author’s 1990 University of Maryland dissertation, directed by Professor Emory Evans, to be republished in JBS. Dr. Osborn is President of Pacific Union College. William Preston and the Revolutionary Settlement BY RICHARD OSBORN Patriot (1775-1778) Revolutions ultimately conclude with a large scale resolution in the major political, social, and economic issues raised by the upheaval. During the final two years of the American Revolution, William Preston struggled to anticipate and participate in the emerging American regime. For Preston, the American Revolution involved two challenges--Indians and Loyalists. The outcome of his struggles with both groups would help determine the results of the Revolution in Virginia. If Preston could keep the various Indian tribes subdued with minimal help from the rest of Virginia, then more Virginians would be free to join the American armies fighting the English. But if he was unsuccessful, Virginia would have to divert resources and manpower away from the broader colonial effort to its own protection. The other challenge represented an internal one. A large number of Loyalist neighbors continually tested Preston's abilities to forge a unified government on the frontier which could, in turn, challenge the Indians effectivel y and the British, if they brought the war to Virginia. In these struggles, he even had to prove he was a Patriot. Preston clearly placed his allegiance with the revolutionary movement when he joined with other freeholders from Fincastle County on January 20, 1775 to organize their local county committee in response to requests by the Continental Congress that such committees be established. -
Bibliography
BIBLIOGRAPHY Adams, William Howard, ed. The Eye of Thomas Jefferson. Blake, Channing. “The Early Interiors of Carrère and Hastings.” Charlottesville: University Press of Virginia, 1981. The Magazine Antiques 110 (1976): 344–351. Aikman, Lonnelle. We, the People: The Story of the United Blum, John M., et. al., eds. The National Experience. New States Capitol. Washington: U. S. Capitol Historical Society, 1991. York: Harcourt, Brace & World, Inc., 1963. Alex, William. Calvert Vaux: Architect & Planner. New York: Bowling, Kenneth R. Creating the Federal City, 1774–1800: Ink, Inc., 1994. Potomac Fever. Washington: The American Institute of Archi- tects Press, 1988. Alexander, R. L. “The Grand Federal Edifice.” Documentary Editing 9 (June 1987): 13–17. Bowling, Kenneth R., and Helen E. Veit., eds. The Diary of William Maclay and Other Notes On Senate Debates. Balti- Allen, William C. “In The Greatest Solemn Dignity”: The Capi- more: The Johns Hopkins University Press, 1988. tol’s Four Cornerstones. Washington: Government Printing Bristow, Ian C. Interior House-Painting Colours and Tech- Office, 1995. nology 1615–1840. New Haven: Yale University Press, 1996. ———. “‘Seat of Broils, Confusion, and Squandered Thousands’: Brown, Glenn. “Dr. William Thornton, Architect.” Architectural Building the Capitol, 1790–1802.” The United States Capitol: Record 6 (1896): 53–70. Designing and Decorating a National Icon. Athens: Ohio University Press, 2000. ———. History of the United States Capitol. 2 vols. Washing- ton: Government Printing Office, 1900, 1902. ———. The Dome of the United States Capitol: An Architec- tural History. Washington: Government Printing Office, 1992. ———. Memories: A Winning Crusade to Revive George Washington’s Vision of a Capital City. -
Pen & Parchment: the Continental Congress
Adams National Historical Park National Park Service U.S. Department of Interior PEN & PARCHMENT INDEX 555555555555555555555555555555555555555555555555555555555555 a Letter to Teacher a Themes, Goals, Objectives, and Program Description a Resources & Worksheets a Pre-Visit Materials a Post Visit Mterialss a Student Bibliography a Logistics a Directions a Other Places to Visit a Program Evaluation Dear Teacher, Adams National Historical Park is a unique setting where history comes to life. Our school pro- grams actively engage students in their own exciting and enriching learning process. We hope that stu- dents participating in this program will come to realize that communication, cooperation, sacrifice, and determination are necessary components in seeking justice and liberty. The American Revolution was one of the most daring popular movements in modern history. The Colonists were challenging one of the most powerful nations in the world. The Colonists had to decide whether to join other Patriots in the movement for independence or remain loyal to the King. It became a necessity for those that supported independence to find ways to help America win its war with Great Britain. To make the experiment of representative government work it was up to each citi- zen to determine the guiding principles for the new nation and communicate these beliefs to those chosen to speak for them at the Continental Congress. Those chosen to serve in the fledgling govern- ment had to use great statesmanship to follow the directions of those they represented while still find- ing common ground to unify the disparate colonies in a time of crisis. This symbiotic relationship between the people and those who represented them was perhaps best described by John Adams in a letter that he wrote from the Continental Congress to Abigail in 1774. -
Founding-Era Jus Ad Bellum and the Domestic Law of Treaty Withdrawal
DANIEL J. HESSEL Founding-Era Jus Ad Bellum and the Domestic Law of Treaty Withdrawal ABSTRACT. The Constitution provides no textual guidance for how, as a matter of domestic law, the United States can withdraw from an Article II treaty. The Supreme Court has not clarified matters. In the face of this uncertainty, government officials and scholars alike have long debated whether the President may unilaterally withdraw from a treaty or whether Congress has a role to play. This Note contributes to the debate by examining the relationship between treaty withdrawal and war powers through an originalist lens. Through close assessment of the contemporaneous jus ad bellum, the Note concludes that, at the Founding, treaty withdrawal presented a clear justification for war. Treaty withdrawal therefore implicates the War Powers Clause, which assigns primary responsibility for initiating war to Congress. Because the Founders and their contemporaries likely saw treaty withdrawal as a matter of war and peace, and because the Constitution entrusts Congress with the power to commence war, this Note concludes that the original understanding of the Constitution supports a role for Congress in treaty withdrawal. AUTHO R. Yale Law School, J.D. 2016. I am indebted to Professors Oona Hathaway and Lea Brilmayer for their supervision and guidance. I am grateful to Rebecca Crootof and Professors Bruce Ackerman, Curtis Bradley, Harold Hongju Koh, and Michael Reisman for their insights, and to my family members and friends who read early drafts of this Note. For their constructive feedback, careful editing, and patience, I thank Alexander Kazam, Elizabeth Ingriselli, Charlie Bridge, Rebecca Lee, Michael Clemente, and the editors of the Yale Lawjournal. -
John R. Mcneill University Professor Georgetown University President of the American Historical Association, 2019 Presidential Address
2020-President_Address.indd All Pages 14/10/19 7:31 PM John R. McNeill University Professor Georgetown University President of the American Historical Association, 2019 Presidential Address New York Hilton Trianon Ballroom New York, New York Saturday, January 4, 2020 5:30 PM John R. McNeill By George Vrtis, Carleton College In fall 1998, John McNeill addressed the Georgetown University community to help launch the university’s new capital campaign. Sharing the stage with Georgetown’s president and other dignitaries, McNeill focused his comments on the two “great things” he saw going on at Georgetown and why each merited further support. One of those focal points was teaching and the need to constantly find creative new ways to inspire, share knowledge, and build intellectual community among faculty and students. The other one centered on scholarship. Here McNeill suggested that scholars needed to move beyond the traditional confines of academic disciplines laid down in the 19th century, and engage in more innovative, imaginative, and interdisciplinary research. Our intellectual paths have been very fruitful for a long time now, McNeill observed, but diminishing returns have set in, information and methodologies have exploded, and new roads beckon. To help make his point, McNeill likened contemporary scholars to a drunk person searching for his lost keys under a lamppost, “not because he lost them there but because that is where the light is.” The drunk-swirling-around-the-lamppost metaphor was classic McNeill. Throughout his academic life, McNeill has always conveyed his ideas in clear, accessible, often memorable, and occasionally humorous language. And he has always ventured into the darkness, searchlight in hand, helping us to see and understand the world and ourselves ever more clearly with each passing year. -
A Republican Abroad: John Adams and the Diplomacy of the American Revolution
W&M ScholarWorks Dissertations, Theses, and Masters Projects Theses, Dissertations, & Master Projects 1991 A Republican Abroad: John Adams and the Diplomacy of the American Revolution Robert Wilmer Smith College of William & Mary - Arts & Sciences Follow this and additional works at: https://scholarworks.wm.edu/etd Part of the International Relations Commons, and the United States History Commons Recommended Citation Smith, Robert Wilmer, "A Republican Abroad: John Adams and the Diplomacy of the American Revolution" (1991). Dissertations, Theses, and Masters Projects. Paper 1539625694. https://dx.doi.org/doi:10.21220/s2-ggdh-n397 This Thesis 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]. A REPUBLICAN ABROAD: JOHN ADAMS AND THE DIPLOMACY OF THE AMERICAN REVOLUTION A Thesis Presented to The Faculty of the Department of History The College of William and Mary in Virginia In Partial Fulfilment Of the Requirements for the Degree of Master of Arts By Robert W. Smith, Jr. 1991 APPROVAL SHEET This thesis is submitted in partial fulfillment the requirements for the degree of Master of Arts Robert W.Smith, Jy. Approved, April 1991 Joh: . Selbv Edward P. Crapcjl Thomas F. Sheppa TABLE OF CONTENTS Page ACKNOWLEDGMENTS................................ iv ABSTRACT......................................... v INTRODUCTION.....................................2 PART I. A VIRTUOUS REPUBLIC.....................5 PART II. A COMMERCIAL REPUBLIC................ 16 PART III. THE DIPLOMACY OF A SHORT WAR......... 27 PART IV. JOHN ADAMS IN PARIS...................38 PART V. -
John Adams and the Diplomacy of the American Revolution
University of Kentucky UKnowledge Diplomatic History History 1980 John Adams and the Diplomacy of the American Revolution James H. Hutson Library of Congress Click here to let us know how access to this document benefits ou.y Thanks to the University of Kentucky Libraries and the University Press of Kentucky, this book is freely available to current faculty, students, and staff at the University of Kentucky. Find other University of Kentucky Books at uknowledge.uky.edu/upk. For more information, please contact UKnowledge at [email protected]. Recommended Citation Hutson, James H., "John Adams and the Diplomacy of the American Revolution" (1980). Diplomatic History. 4. https://uknowledge.uky.edu/upk_diplomatic_history/4 JOHN ADAMS AND THE DIPLOMACY OF THE AMERICAN REVOLUTION JAMES H. HUTSON JOHN ADAMS AND THE DIPLOMACY OF THE AMERICAN REVOLUTION THE UNIVERSITY PRESS OF KENTUCKY FOR KATHY Library of Congress Cataloging in Publication Data Hutson, James H John Adarns and the diplomacy of the American Revolution Bibliography: p. Includes Index. 1. United States-Foreign relations-Revolution, 1775-1783 2. Adams, John, Pres. U. S., 1735- 1826. I. Title. E249.H87 973.3'2'0924 79-57575 ISBN 978-0-8 13 1-53 14-8 Copyright@ 1980 by The University Press of Kentucky Scholarly publisher for the Commonwealth serving Berea College, Centre College of Kentucky, Eastern Kentucky University, The Filson Club, Georgetown College, Kentucky Historical Society, Kentucky State University, Morehead State University, Murray State University, Northern Kentucky University, Transylvania University, University of Kentucky, University of Louisville, and Western Kentucky University. Editorial andSaLes Ofices: Lexington, Kentucky 40506 CONTENTS Acknowledgments vii Chapter 1 Formulating an American Foreign Policy 1 Chapter 2 France, 1778-1779 33 Chapter 3 France Again, 1780 5 1 Chapter 4 The Netherlands 75 Chapter 5 Dutch Recognition 102 Chapter 6 Peace Negotiations 117 Chapter 7 John Adarns and Revolutionary Diplomacy 142 Notes 157 A Note on Sources 191 Index 193 ACKNOWLEDGMENTS Edmund S. -
Bulletin Vol
american academy of arts & sciences winter 2006 Bulletin vol. lix, no. 2 Page 1 American Academy Welcomes the 225th Class of Members Page 2 Exhibit from the Archives Members’ Letters of Acceptance Page 26 Concepts of Justice Essays by Alan Brinkley, Kathleen M. Sullivan, Geoffrey Stone, Patricia M. Wald, Charles Fried, and Kim Lane Scheppele inside: Projects and Studies, Page 15 Visiting Scholars Program, Page 24 New Members: Class of 2005, Page 42 From the Archives, Page 60 Calendar of Events Thursday, Saturday, February 9, 2006 March 18, 2006 Stated Meeting–Cambridge Stated Meeting–San Francisco “Tax Reform: Current Problems, Possible “Innovation: The Creative Blending of Art Contents Solutions, and Unresolved Questions” and Science” Speaker: James Poterba, mit Speaker: George Lucas, Lucas½lm Ltd. Academy News Introduction and Response: Michael J. Introduction: F. Warren Hellman, Graetz, Yale University Hellman & Friedman, LLC Academy Inducts 225th Class 1 Location: House of the Academy Location: Letterman Digital Arts Center, The Presidio of San Francisco Major Funding from the Mellon Time: 6:00 p.m. Foundation 1 Time: 5:00 p.m. Exhibit from the Academy’s Archives 2 Wednesday, February 15, 2006 Tuesday, April 4, 2006 Challenges Facing the Regional Meeting–Chicago Intellectual Community 7 Stated Meeting and Joint Meeting with “America’s Greatest Lawyer: Abraham Lincoln the Boston Athenæum–Boston in Private Practice and Public Life” Projects and Studies 15 “Great Scienti½c Discoveries of the Twentieth Speaker: Walter E. Dellinger, Century” Duke University Visiting Scholars Program 24 Speaker: Alan Lightman, mit Introduction: Saul Levmore, Academy Lectures University of Chicago Law School Location: Boston Athenæum Location: University of Chicago Law School Time: 6:00 p.m. -
Adams and Jefferson : Personal Politics in the Early Republic
d ADAMS AND JEFFERSON: Personal Politics in the Early Republic John Connor The deterioration of the friendship between John Adams and Thomas Jefferson remains a controversial subject among his torians. The two men were once the best of friends, spending personal time with each other’s family, and enjoying a profes sional collaboration that would become famous—drafting the Declaration of Independence. Furthermore, they freely ac knowledged their mutual fondness. In 1784, Adams wrote that his colleague Thomas Jefferson was “an old friend with whom I have often had occasion to labor at many a knotty problem and in whose ability and steadiness I always found great cause to confide.”1 Jefferson wrote similar words of praise to his friend James Madison: “[Adams] is profound in his views, and accurate in his judgments. He is so amiable, that I pronounce you will love him if ever you become acquainted with him.”2 But despite this initial close friendship, by the 1790s Adams called Jefferson “weak, confused, uninformed, and ignorant.”3 At the same time, Jefferson called Adams actions as President “the most grotesque scene in the tragiccomedy of govern ment.”4 What led these two men who once worked so closely together to turn from close friends to bitter enemies in only ten years? How their friendship dissolved has been discussed by Stephen Kurtz, Stanley Elkins, and Eric McKitrick, who em 58 phasize certain events in the Adams Presidency as precise mo ments in which the two men parted ways.5 Noble Cunningham Jr., points to the passage of the Alien and Sedition Act and the creation of a Standing Army as the point at which the two men’s differences became irreconcilable.6 Recent scholarship by James Sharp argues that a dinner conversation held before Adams was even elected led to their disbanding.7 A second school of thought, led by Merrill Peterson, Dumas Malone, and John Ferling, links the divide not so much to a particular event but to the actions of a third party, often Alexander Hamilton. -
1 the Pilgrimage to Monticello
Notes 1 The Pilgrimage to Monticello 1. Cited by E. J. Hobsbawm, The Age of Revolution: Europe 1789-1848 (London: Sphere Books, 1973/1962) p. 164. 2. The best account of the iconography of La Fayette's tour of the United States isS. J. Idzerda, A. C. Loveland, M. H. Miller, Lafayette, Hero of Two Worlds: The Art and Pageantry of His Farewell Tour of America, 1824-1825 (Hanover and London: the Queen's Museum, 1989). There is a sub stantial bibliography. There are good illustrations also in M. Klamkin, The Return of Lafayette 1824-1825 (New York: Charles Scribner's Sons, 1975). Contemporary accounts are reprinted in E. E. Brandon, Lafayette, Guest of the Nation: a Contemporary Account of the Triumphal Tour of General Lafayette through the United States in 1824-1825, as Reported by the Local Newspapers, 3 vols (Oxford, Ohio: Oxford Historical Press, 1950-57). Also useful is J. B. Nolan, Lafayette in America Day by Day (Baltimore: Johns Hopkins University Press, 1934). I have drawn parti cularly on the contemporary newspaper (and other) material reprinted in 'General La Fayette's Visit to Monticello and the University' in The Virginia Uniz,ersity Magazine, IV, 3 (December, 1859) 113-25; Auguste Levasseur, Lafayette in America, in 1824 and 1825, translated from the French (2 vols, 1829), and Jane Blair, Cary Smith, 'The Carysbrook Memoir', Wilson Miles Cary Memorial Collection (University of Virgi nia Ac. No. 1378) pp. 55-62. These have been supplemented by the newspapers on file at the International Center for Jefferson Studies, Charlottesville. For analysis of the influence of La Fayette's tour on forming national consciousness in the USA, see F.