List Of Criminal Cases In The Marshall Court
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List Of Criminal Cases In The Marshall Court
The Marshall Court (1801–1835) heard forty-one criminal cases. The Court heard two writs of error from the United States Circuit Court of the District of Columbia under § 8 of the second Judiciary Act of 1801, six original habeas petitions under § 14 of the Judiciary Act of 1789, thirty-one certificates of division under § 6 of the Judiciary Act of 1802, and two writs of error from the state courts under § 25 of the Judiciary Act of 1789. The criminal jurisdiction of the Marshall Court was greatly limited by the Court's disclaiming of appellate jurisdiction from the United States circuit courts by means of a writ of error in ''United States v. More'' (1805), as well as the Court's disclaiming the authority to issue writs of habeas corpus to prisoners detained pursuant to a post-conviction criminal sentence in ''Ex parte Kearney'' (1822) and ''Ex parte Watkins'' (1830). Certificates of division could only be issued in criminal cases heard by a two-judge panel consis ...
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Marshall Court
The Marshall Court refers to the Supreme Court of the United States from 1801 to 1835, when John Marshall served as the fourth Chief Justice of the United States. Marshall served as Chief Justice until his death, at which point Roger Taney took office. The Marshall Court played a major role in increasing the power of the judicial branch, as well as the power of the national government. Membership The Marshall Court began in 1801, when President John Adams appointed Secretary of State John Marshall to replace the retiring Oliver Ellsworth. Marshall was nominated after former Chief Justice John Jay refused the position; many in Adams's party advocated the elevation of Associate Justice William Paterson, but Adams refused to nominate someone close to his intra-party rival, Alexander Hamilton. The Marshall Court began with Marshall and five Associate Justices from the Ellsworth Court: William Cushing, William Paterson, Samuel Chase, Bushrod Washington, and Alfred Moore. Pres ...
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Alexandria County, D
Alexandria ( or ; ar, ٱلْإِسْكَنْدَرِيَّةُ ; grc-gre, Αλεξάνδρεια, Alexándria) is the second largest city in Egypt, and the largest city on the Mediterranean coast. Founded in by Alexander the Great, Alexandria grew rapidly and became a major centre of Hellenic civilisation, eventually replacing Memphis, in present-day Greater Cairo, as Egypt's capital. During the Hellenistic period, it was home to the Lighthouse of Alexandria, which ranked among the Seven Wonders of the Ancient World, as well as the storied Library of Alexandria. Today, the library is reincarnated in the disc-shaped, ultramodern Bibliotheca Alexandrina. Its 15th-century seafront Qaitbay Citadel is now a museum. Called the "Bride of the Mediterranean" by locals, Alexandria is a popular tourist destination and an important industrial centre due to its natural gas and oil pipelines from Suez. The city extends about along the northern coast of Egypt, and is the largest city on t ...
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Smith Thompson
Smith Thompson (January 17, 1768 – December 18, 1843) was a US Secretary of the Navy from 1819 to 1823 and a US Supreme Court Associate Justice from 1823 to his death. Early life and the law Born in Amenia, New York, Thompson graduated from Princeton University (then known as the College of New Jersey) in 1788, taught for a short period thereafter, then studied law under James Kent and subsequently set up a law practice. He practiced in Troy, New York from 1792 to 1793, and in Poughkeepsie, New York from 1793 to 1802. Smith Thompson's father Ezra Thompson (1738-1816) and grandfather Samuel Thompson (1696-1768) were part of a family group that moved from New Haven, Connecticut to Dutchess County, New York by the time of the Revolution. His father's first cousins Israel Thompson and Jesse Thompson were both prominent citizens who served multiple terms in the New York State Assembly. Politics and the court Smith Thompson was elected to the New York State Assembly in 18 ...
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Act To Protect The Commerce Of The United States And Punish The Crime Of Piracy
An Act to protect the commerce of the United States and punish the crime of piracy is an 1819 United States federal statute against piracy, amended in 1820 to declare participating in the slave trade or robbing a ship to be piracy as well. The last execution for piracy in the United States was of slave trader Nathaniel Gordon in 1862 in New York, under the amended act. Background The original act, passed in 1819, was officially known as "An act to protect the commerce of the United States and punish the crime of piracy" (), and provided in section 5, "That if any person or persons whatsoever shall, on the high seas, commit the crime of piracy, as defined by the law of nations, and such offender or offenders shall afterwards be brought into or found in the United States, every such offender or offenders shall, upon conviction thereof... be punished by death." Section 6 set the act to expire at "the end of the next session of Congress." This original 1819 act was amended by "An ...
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Ex Parte Kearney
The Marshall Court (1801–1835) heard forty-one criminal law cases, slightly more than one per year. Among such cases are ''United States v. Simms'' (1803), ''United States v. More'' (1805), '' Ex parte Bollman'' (1807), ''United States v. Hudson'' (1812), '' Cohens v. Virginia'' (1821), ''United States v. Perez'' (1824), ''Worcester v. Georgia'' (1832), and ''United States v. Wilson'' (1833). During Marshall's tenure, the Supreme Court had no general appellate jurisdiction in criminal cases. The Court could review criminal convictions from the state courts, but not the lower federal courts, via writs of error. It only did so twice. The Court could hear original habeas petitions, but disclaimed the authority to grant the writ post-conviction unless the sentence had already been completed. Thus, the majority of the Marshall Court's opinions on criminal law were issued in response to questions certified by divided panels of the circuit courts by a certificate of division. ...
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Criminal Law In The Marshall Court
The Marshall Court (1801–1835) heard forty-one criminal law cases, slightly more than one per year. Among such cases are '' United States v. Simms'' (1803), '' United States v. More'' (1805), '' Ex parte Bollman'' (1807), '' United States v. Hudson'' (1812), ''Cohens v. Virginia'' (1821), '' United States v. Perez'' (1824), '' Worcester v. Georgia'' (1832), and '' United States v. Wilson'' (1833). During Marshall's tenure, the Supreme Court had no general appellate jurisdiction in criminal cases. The Court could review criminal convictions from the state courts, but not the lower federal courts, via writs of error. It only did so twice. The Court could hear original habeas petitions, but disclaimed the authority to grant the writ post-conviction unless the sentence had already been completed. Thus, the majority of the Marshall Court's opinions on criminal law were issued in response to questions certified by divided panels of the circuit courts by a certificate of divi ...
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Bushrod Washington
Bushrod Washington (June 5, 1762 – November 26, 1829) was an American attorney and politician who served as Associate Justice of the Supreme Court of the United States from 1798 to 1829. On the Supreme Court, he was a staunch ally of Chief Justice John Marshall. Washington was a co-founder and president of the American Colonization Society, which promoted the emigration of freed slaves to Africa. The nephew of American founding father and President George Washington, he inherited his uncle's papers and Mount Vernon, taking possession in 1802 after the death of Martha Washington, his uncle's widow, and with Marshall's help, published a biography of the first president. Early life Bushrod Washington was born on June 5, 1762, at Bushfield Manor, a plantation located at Mount Holly in Westmoreland County, Virginia.. He was a son of John Augustine Washington (1736–1787), the brother of George Washington, and John's heiress wife, Hannah Bushrod (1735–1801). He had a ...
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Joseph Story
Joseph Story (September 18, 1779 – September 10, 1845) was an associate justice of the Supreme Court of the United States, serving from 1812 to 1845. He is most remembered for his opinions in ''Martin v. Hunter's Lessee'' and ''United States v. The Amistad'', and especially for his ''Commentaries on the Constitution of the United States'', first published in 1833. Dominating the field in the 19th century, this work is a cornerstone of early American jurisprudence. It is the second comprehensive treatise on the provisions of the U.S. Constitution and remains a critical source of historical information about the forming of the American republic and the early struggles to define its law. Story opposed Jacksonian democracy, saying it was "oppression" of property rights by republican governments when popular majorities began in the 1830s to restrict and erode the property rights of the minority of rich men. R. Kent Newmyer presents Story as a "Statesman of the Old Republic" who tri ...
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Per Curiam Decision
In law, a ''per curiam'' decision (or opinion) is a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court (or at least, a majority of the court) acting collectively (and typically, though not necessarily, unanimously). In contrast to regular opinions, a ''per curiam'' does not list the individual judge responsible for authoring the decision, but minority concurring and dissenting opinions are signed. It is not the only type of decision that can reflect the opinion of the court. Other types of decisions can also reflect the opinion of the entire court, such as unanimous decisions in which the opinion of the court is expressed, with an author listed. The term ''per curiam'' is Latin for "by the court". United States Federal The decisions of the U.S. Supreme Court are generally not ''per curiam'', with exceptions. Their decisions more commonly take the form of one or more opinions signed by individual justices which are then ...
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Henry Brockholst Livingston
Henry Brockholst Livingston (November 25, 1757 – March 18, 1823) was an American Revolutionary War officer, a justice of the New York Court of Appeals and eventually an associate justice of the Supreme Court of the United States. Early life Livingston was born in New York City in 1757 to Susanna French (d. 1789) and William Livingston (1723–1790). He graduated with a Bachelor of Arts from the College of New Jersey (now Princeton University) in 1774. Career Livingston inherited the family estate in New Jersey, Liberty Hall (the modern-day site of Kean University), and retained it until 1798. During the American Revolutionary War, he was a lieutenant colonel of the New York Line, serving on the staff of General Philip Schuyler from 1775 to 1777 and as an '' aide-de-camp'' to then-Major General Benedict Arnold at the Battle of Saratoga. He was a private secretary to John Jay, then the U.S. Minister to Spain from 1779 to 1782. Livingston was briefly imprisoned by the British i ...
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William Johnson (judge)
William Johnson Jr. (December 27, 1771 – August 4, 1834) was an American attorney, state legislator, and jurist who served as an Associate Justice of the Supreme Court of the United States from 1804 until his death in 1834. When he was 32 years old, Johnson was appointed to the Supreme Court by President Thomas Jefferson. He was the first Jeffersonian Republican member of the Court as well as the second Justice from the state of South Carolina. During his tenure, Johnson restored the act of delivering seriatim opinions. He wrote about half of the dissents during the Marshall Court, leading historians to nickname him the "first dissenter". Johnson wrote the majority opinion for two major cases (including '' United States v. Hudson'') and hundreds of majority opinions in minor admiralty, land, and insurance cases. He supported a strong federal government in economic matters, leading him to join the majority in cases such as '' McCulloch v. Maryland'', ''Gibbons v. Ogden'', ...
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