Opinions delivered in the circuit court of the United States

Mss.345.41.M35

Date: 1803-1831 | Size: 0.5 Linear feet

Abstract

John Marshall was appointed the fourth chief justice of the United States by President John Adams. In the thirty four years he served on the bench, Marshall presided over the Court's evolution into an institution with power equal to both the executive and legislative branches of the Federal Government.

The Marshall collection consists of manuscript drafts for 62 opinions delivered by the chief justice in the Fourth Circuit Court of the United States between 1803 and 1831. These opinions seem to be from cases heard in Richmond, VA. The collection is arranged chronologically by the court term.

Background note

John Marshall was appointed the fourth chief justice of the United States by President John Adams. In the thirty four years he served on the bench, Marshall presided over the Court's evolution into an institution with power equal to both the executive and legislative branches of the Federal Government.

Born on September 24, 1755 in Fauquer County,Virginia, John Marshall was the eldest of Thomas and Mary Randolph Keith Marshall's fifteen children. Educated primarily by his father, except for one year at Campbell Academy in Westmoreland County and a year of study with the parish priest, Marshall gained more from his exposure to the colonial Virginia gentry through his father than any formal education could have provided him. While serving as an officer in the Virginia Line of the Contiental army during the American Revolution, Marshall was able to attend lectures on law and natural philosophy at the College of William and Mary in the spring and summer of 1780. This comprised the extend of Marshall study of the law, but was enough to make him eligible for a law license.

After moving to Richmond, VA in 1784 Marshall quickly became a successful lawyer, practicing in the state's superior courts. Between 1787 and 1788 Marshall was active in the debates over the Constitution, and participated as a delegate to Virginia's ratifying convention of June 1788. Despite requsts to run for Congress or accept a federal appointment, Marshall continued to practice law into the 1790s. Finally in June 1797 Marshall accepted an appointment from President John Adams to a commission charged with settling differences with France. Although the mission failed when the French refused to negotiate until they received a loan and a bribe from the United States, Marshall's handling of what became known as the XYZ Affair proved to be a personal triumph. Marshall continued is career in public service by running for and serving in Congress from December 1799 to May 1800, and accepting the appointment as secretary of state for John Adams in May 1800. At the end of his administration, President Adams chose Marshall to fill the position of chief justice of the Supreme Court.

During Marshall's thirty four year tenure as chief justice, the court evolved into a strong government body through it's use of judicial review. In rulings such as Maurbury v. Madison and McCulloch v. Maryland, the Marshall Court established the Constitution as the supreme law of the land, as well as the Courts role as interpreter of the Constitution. Equally significant was Marshall's leadership of the court, being open to the opinions and views of his associate justices to bring about a unified opinion from the Court. As part of his duties as a Supreme Court Justice, Marshall also presided over the Fourth Circuit Court of the United States, which heard cases in Richmond, VA and Raleigh, NC.

Despite failing health as he approached 75, Marshall remained sharp intellectually, and continued his judicial duties. In 1831 Marshall travelled to Philadelphia to undergoe succesful surgery to remove a bladder stone. Four years later, he would return to the city to seek medical treatment for a liver ailment. This time the chief justice was not as fortunate, and died in Philadelphia on July 6, 1835.

Scope and content

The Marshall collection consists of manuscript drafts for 62 opinions delivered by the chief justice in the Fourth Circuit Court of the United States between 1803 and 1831. These opinions seem to be from cases heard in Richmond, VA. The collection is arranged chronologically by the court term.

The collection was presented to the Society in 1837 by John W. Brockenbrough, reporter of the court and editor of, Reports of the Cases decided by the Honorable John Marshall, Late Chief Justice of the United States in the Circuit Court of the United States for the District of Virginia and North Carolina, From 1802 to 1833 Inclusive, (Philadelphia: James Kay, 1837), 2 Vols. The collection was originally bound, with the individual cases separated by a sheet of paper containing the name of the case and the reference to its location in the Brockenbrough volumes. This reference has been included with the item descriptions.

Collection Information

Physical description

62 items

62 items

Provenance

Presented by Dr. Chapman on behalf of John Brockenbrough, Esq., of Richmond, Reporter of the court, 7 April 1837.

Preferred citation

Cite as: John Marshall, Opinions delivered in the circuit court of the United States, American Philosophical Society.

Processing information

Recatalogued by J.J. Ahern,2006.

Early American History Note

This collection contains a series of federal circuit court decisions rendered by John Marshall. The cases heard span a wide range of areas and include such topics as international law, property, banking, bankruptcy, estates, laws of evidence, and trade. Among the cases he heard was Livingston v Jefferson, which involved property rights related to the United States' purchase of the Louisiana Territory. There are also a series of cases in 1819-1820 involving merchant ships that seem to be related to fallout from property disputes from the War of 1812. One case relates to the Bank of the United States.

These manuscript copies were printed in Reports of the Cases decided by the Honorable John Marshall, Late Chief Justice of the United States in the Circuit Court of the United States for the District of Virginia and North Carolina, From 1802 to 1833 Inclusive, (Philadelphia: James Kay, 1837).

Indexing Terms


Genre(s)

  • Legal Records
  • Official Government Documents and Records

Personal Name(s)

  • Brockenbrough, John W., 1778-1838
  • Marshall, John, 1755-1835

Subject(s)

  • Bank of the United States (1816-1836)
  • Government Affairs
  • Judicial opinions
  • Law
  • United States. Circuit Court (4th Circuit)
  • War of 1812


Detailed Inventory

Opinions delivered in the circuit court of the United States
1803-1831 
No. 1. Blane vs. Drummond
1803 November Term6 pp

1 Brock. R. 62

General physical description: 6 pp

No. 2. Owen vs. Adams
1803 November Term5 pp

1 Brock. 72

General physical description: 5 pp

No. 3. Corbet vs. Johnson
1805 May Term8 pp

1 Brock. 77

General physical description: 8 pp

No. 4. Dunbar vs. Miller
1805 May Term8 pp

1 Brock. 85

General physical description: 8 pp

No. 5. Waddington vs. Banks
1805 November Term5 pp

1 Br. 97

General physical description: 5 pp

No. 6. Short vs. Skipwith
1806 November Term12 pp

1 Br. 103

General physical description: 12 pp

No. 7. Calloway vs. Dobson
1807 May Term6 pp

1 Br. 119

General physical description: 6 pp

No. 8. McCall vs. Harrison
1808 May Term5 pp

1 Br. 126

General physical description: 5 pp

No. 9. Murdock vs. Shackleford
1808 May Term4 pp

1 Br. 131

General physical description: 4 pp

No. 10. Murdock vs. Hunter
1808 May Term7 pp

1 Br. 135

General physical description: 7 pp

No. 11. The United States vs. Hill
1809 May Term5 pp

1 Br. 156

General physical description: 5 pp

No. 12. Strode vs. The Stafford Justices
1810 May Term5 pp

1 Br. 162

General physical description: 5 pp

No. 13. Dixon vs. The United States
1811 May Term9 pp

1 Br. 177

General physical description: 9 pp

No. 14. The United States vs. ---
1811 November Term5 pp

1 Br. 195

General physical description: 5 pp

No. 15. Livingston vs. Jefferson
1811 November Term9 pp

1 Br. 205. First and second draughts of opinions.

General physical description: 9 pp

No. 16. Hopkirk vs. MoConico
1812 May Term, 1812 June 126 pp

1 Br. 220.  Opinion and Decree

General physical description: 6 pp

No. 17. Scott vs. Jones
1812 November Term4 pp

1 Br. 244

General physical description: 4 pp

No. 17 ½. Evans vs. Jordan
1813 May Term5 pp

1 Br. 248

General physical description: 5 pp

No. 18. The United States vs. Feely
1813 May Term5 pp

1 Br. 252

General physical description: 5 pp

No. 19. Peram vs. The United States
1813 May Term8 pp

1 Br. 261

General physical description: 8 pp

No. 20. Alston vs. Manford
1814 May Term9 pp

1 Br. 266

General physical description: 9 pp

No. 21. Bond vs. Newburn
1815 November Term7 pp

1 Br. 316

General physical description: 7 pp

No. 22. Mead vs. The Deputy Marshall of the Virginia District
1815 November Term4 pp

1 Br. 324

General physical description: 4 pp

No. 23. Wormsley vs. Wormsley
1817 November Term, 1817 December 1612 pp

1 Br. 330.  Opinion and Decree

General physical description: 12 pp

No. 24. The United States vs. Schooner Little Charles
1819 November Term4 pp

1 Br. 380

General physical description: 4 pp

No. 25. The Brig Caroline vs. The United States
1819 November Term5 pp

1 Br. 384.  Note: This opinion is a United States Supreme Court opinion dated 16 March 1813.

General physical description: 5 pp

No. 26. Prentiss vs. Barton
1819 November Term6 pp

1 Br. 389

General physical description: 6 pp

No. 27. Selden vs. Hendrickson
1819 November Term9 pp

1 Br. 396

General physical description: 9 pp

No. 28. The Schooner Patriot
1820 May Term12 pp

1 Br. 407

General physical description: 12 pp

No. 29. The Brig Wilson. Huntress vs. The United States
1820 May Term10 pp

1 Br. 423

General physical description: 10 pp

No. 30. Gallego vs. The United States
1820 May Term5 pp

1 Br. 439

General physical description: 5 pp

No. 31. Anderson vs. Tompkins
1820 May Term8 pp

1 Br. 456

General physical description: 8 pp

No. 32. Robertson vs. Miller
1820 November Term9 pp

1 Br. 466

General physical description: 9 pp

No. 33. Backhouse vs. Jett
1821 May Term13 pp

1 Br. 500

General physical description: 13 pp

No. 34. The United States vs. Shelton
1821 May Term3 pp

1 Br. 517

General physical description: 3 pp

No. 35. Jacob vs. The United States
1821 November Term6 pp

1 Br. 520

General physical description: 6 pp

No. 36. The United States vs. Mann
1822 May Term7 pp

2 Br. 9

General physical description: 7 pp

No. 37. Furniss vs. Ellis
1822 May Term8 pp

2 Br. 14

General physical description: 8 pp

No. 38. Hopkirk vs. Page
1822 May Term18 pp

2 Br. 20

General physical description: 18 pp

No. 39. Teakle vs. Bailey
1822 May Term7 pp

2 Br. 43

General physical description: 7 pp

No. 40. Scott vs. Lenox
1822 November Term5 pp

2 Br. 57

General physical description: 5 pp

No. 41. The United States vs. Nelson
1822 November Term8 pp

2 Br. 64

General physical description: 8 pp

No. 42. Pendleton vs. The United States
1822 November Term5 pp

2 Br. 75

General physical description: 5 pp

No. 43. Gaines vs. Spann
1823 May Term9 pp

2 Br. 81.  First sheet of opinion missing

General physical description: 9 pp

No. 44. The United States vs. Maurice
1823 May Term16 pp

2 Br. 96.  First sheet of opinion missing

General physical description: 16 pp

No. 45. Maxwell vs. Call
1823 November Term5 pp

2 Br. 119

General physical description: 5 pp

No. 46. Mankin vs. Chandler
1823 November Term8 pp

2 Br. 125

General physical description: 8 pp

No. 47. Hopkirk vs. Randolph
1824 May Term18 pp

2 Br. 132

General physical description: 18 pp

No. 48. Hopkirk vs. Randolph
1824 May Term4 pp

2 Br. 152.  Opinion on reargument.

General physical description: 4 pp

No. 49. Byrd vs. Byrd
1824 November Term7 pp

2 Br. 169

General physical description: 7 pp

No. 50. Brdy vs. Byrd
1825 May Term5 pp

2 Br. 179

General physical description: 5 pp

No. 51. Bank of the United States vs. Winston
1825 May Term4 pp.

2 Br. 252

General physical description: 4 pp.

No. 52. The United States vs. Belew
1826 May Term5 pp

2 Br. 280

General physical description: 5 pp

No. 53. Grivigne vs. Chevallie
1826 November Term8 pp

2 Br. 285

General physical description: 8 pp

No. 54. Swan vs. Bank of the United States
1827 May Term5 pp

2 Br. 293

General physical description: 5 pp

No. 55. Wright vs. Stanard
1828 May Term6 pp

2 Br. 311

General physical description: 6 pp

No. 56. The United States vs. Moore
1828 May Term7 pp

2 Br. 317

General physical description: 7 pp

No. 57. Black vs. Scott
1828 May Term17 pp

2 Br. 325

General physical description: 17 pp

No. 58. Hamilton vs. Cunningham
1828 May Term15 pp

2 Br. 350

General physical description: 15 pp

No. 59. The United States vs. Graves
1828 May Term9 pp

2 Br. 379

General physical description: 9 pp

No. 60. Kirkpatrick vs. Gibson
1828 November Term4 pp

2 Br. 388

General physical description: 4 pp

No. 61. Bank of the United States vs. McKenzie
1829 May Term8 pp

2 Br. 393

General physical description: 8 pp

No. 62. Wallis vs. Thornton
1831 May Term10 pp

2 Br. 422

General physical description: 10 pp