The Role of Circuit Courts in the Formation of United States Law in the Early Republic


Book Description

While scholars have rightly focused on the importance of the landmark opinions of the United States Supreme Court and its Chief Justice, John Marshall, in the rise in influence of the Court in the Early Republic, the crucial role of the circuit courts in the development of a uniform system of federal law across the nation has largely been ignored. This book highlights the contribution of four Associate Justices (Washington, Livingston, Story and Thompson) as presiding judges of their respective circuit courts during the Marshall era, in order to establish that in those early years federal law grew from the 'inferior courts' upwards rather than down from the Supreme Court. It does so after a reading of over 1800 mainly circuit opinions and over 2000 original letters, which reveal the sources of law upon which the justices drew and their efforts through correspondence to achieve consistency across the circuits. The documents examined present insights into momentous social, political and economic issues facing the Union and demonstrate how these justices dealt with them on circuit. Particular attention is paid to the different ways in which each justice contributed to the shaping of United States law on circuit and on the Court and in the case of Justices Livingston and Thompson also during their time on the New York State Supreme Court.




Marriage in the Early Republic


Book Description

Jabour's book has the advantage of giving us a microhistorical look at a single, well-documented marrriage, allowing her to trace the evolving tensions between ideals and realities over the course of their entire marriage and parenting experience.




Women of the Republic


Book Description

Women of the Republic views the American Revolution through women's eyes. Previous histories have rarely recognized that the battle for independence was also a woman's war. The "women of the army" toiled in army hospitals, kitchens, and laundries. Civilian women were spies, fund raisers, innkeepers, suppliers of food and clothing. Recruiters, whether patriot or tory, found men more willing to join the army when their wives and daughters could be counted on to keep the farms in operation and to resist enchroachment from squatters. "I have Don as much to Carrey on the warr as maney that Sett Now at the healm of government," wrote one impoverished woman, and she was right. Women of the Republic is the result of a seven-year search for women's diaries, letters, and legal records. Achieving a remarkable comprehensiveness, it describes women's participation in the war, evaluates changes in their education in the late eighteenth century, describes the novels and histories women read and wrote, and analyzes their status in law and society. The rhetoric of the Revolution, full of insistence on rights and freedom in opposition to dictatorial masters, posed questions about the position of women in marriage as well as in the polity, but few of the implications of this rhetoric were recognized. How much liberty and equality for women? How much pursuit of happiness? How much justice? When American political theory failed to define a program for the participation of women in the public arena, women themselves had to develop an ideology of female patriotism. They promoted the notion that women could guarantee the continuing health of the republic by nurturing public-spirited sons and husbands. This limited ideology of "Republican Motherhood" is a measure of the political and social conservatism of the Revolution. The subsequent history of women in America is the story of women's efforts to accomplish for themselves what the Revolution did not.




Gibbons v. Ogden, Law, and Society in the Early Republic


Book Description

Gibbons v. Ogden, Law, and Society in the Early Republic examines a landmark decision in American jurisprudence, the first Supreme Court case to deal with the thorny legal issue of interstate commerce. Decided in 1824, Gibbons v. Ogden arose out of litigation between owners of rival steamboat lines over passenger and freight routes between the neighboring states of New York and New Jersey. But what began as a local dispute over the right to ferry the paying public from the New Jersey shore to New York City soon found its way into John Marshall’s court and constitutional history. The case is consistently ranked as one of the twenty most significant Supreme Court decisions and is still taught in constitutional law courses, cited in state and federal cases, and quoted in articles on constitutional, business, and technological history. Gibbons v. Ogden initially attracted enormous public attention because it involved the development of a new and sensational form of technology. To early Americans, steamboats were floating symbols of progress—cheaper and quicker transportation that could bring goods to market and refinement to the backcountry. A product of the rough-and-tumble world of nascent capitalism and legal innovation, the case became a landmark decision that established the supremacy of federal regulation of interstate trade, curtailed states’ rights, and promoted a national market economy. The case has been invoked by prohibitionists, New Dealers, civil rights activists, and social conservatives alike in debates over federal regulation of issues ranging from labor standards to gun control. This lively study fills in the social and political context in which the case was decided—the colorful and fascinating personalities, the entrepreneurial spirit of the early republic, and the technological breakthroughs that brought modernity to the masses.




The People and Their Peace


Book Description

In the half-century following the Revolutionary War, the logic of inequality underwent a profound transformation within the southern legal system. Drawing on extensive archival research in North and South Carolina, Laura F. Edwards illuminates those changes by revealing the importance of localized legal practice. Edwards shows that following the Revolution, the intensely local legal system favored maintaining the "peace," a concept intended to protect the social order and its patriarchal hierarchies. Ordinary people, rather than legal professionals and political leaders, were central to its workings. Those without rights--even slaves--had influence within the system because of their positions of subordination, not in spite of them. By the 1830s, however, state leaders had secured support for a more centralized system that excluded people who were not specifically granted individual rights, including women, African Americans, and the poor. Edwards concludes that the emphasis on rights affirmed and restructured existing patriarchal inequalities, giving them new life within state law with implications that affected all Americans. Placing slaves, free blacks, and white women at the center of the story, The People and Their Peace recasts traditional narratives of legal and political change and sheds light on key issues in U.S. history, including the persistence of inequality--particularly slavery--in the face of expanding democracy.




A Vindication of the Rights of Woman


Book Description

Writing in an age when the call for the rights of man had brought revolution to America and France, Mary Wollstonecraft produced her own declaration of female independence in 1792. Passionate and forthright, A Vindication of the Rights of Woman attacked the prevailing view of docile, decorative femininity and instead laid out the principles of emancipation: an equal education for girls and boys, an end to prejudice, and the call for women to become defined by their profession, not their partner. Mary Wollstonecrafts work was received with a mixture of admiration and outrageWalpole called her a hyena in petticoatsyet it established her as the mother of modern feminism.




The Great Chief Justice


Book Description

"John Marshall remains one of the towering figures in the landscape of American law. From the Revolution to the age of Jackson, he played a critical role in defining the "province of the judiciary" and the constitutional limits of legislative action. In this masterly study, Charles Hobson clarifies the coherence and thrust of Marshall's jurisprudence while keeping in sight the man as well as the jurist." "Hobson argues that contrary to his critics, Marshall was no ideologue intent upon appropriating the lawmaking powers of Congress. Rather, he was deeply committed to a principled jurisprudence that was based on a steadfast devotion to a "science of law" richly steeped in the common law tradition. As Hobson shows, such jurisprudence governed every aspect of Marshall's legal philosophy and court opinions, including his understanding of judicial review." "The chief justice, Hobson contends, did not invent judicial review (as many have claimed) but consolidated its practice by adapting common law methods to the needs of a new nation. In practice, his use of judicial review was restrained, employed almost exclusively against acts of the state legislatures. Ultimately, he wielded judicial review to prevent the states from undermining the power of a national government still struggling to establish sovereignty at home and respect abroad."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved




Empire of Liberty


Book Description

The Oxford History of the United States is by far the most respected multi-volume history of our nation. The series includes three Pulitzer Prize winners, two New York Times bestsellers, and winners of the Bancroft and Parkman Prizes. Now, in the newest volume in the series, one of America's most esteemed historians, Gordon S. Wood, offers a brilliant account of the early American Republic, ranging from 1789 and the beginning of the national government to the end of the War of 1812. As Wood reveals, the period was marked by tumultuous change in all aspects of American life--in politics, society, economy, and culture. The men who founded the new government had high hopes for the future, but few of their hopes and dreams worked out quite as they expected. They hated political parties but parties nonetheless emerged. Some wanted the United States to become a great fiscal-military state like those of Britain and France; others wanted the country to remain a rural agricultural state very different from the European states. Instead, by 1815 the United States became something neither group anticipated. Many leaders expected American culture to flourish and surpass that of Europe; instead it became popularized and vulgarized. The leaders also hope to see the end of slavery; instead, despite the release of many slaves and the end of slavery in the North, slavery was stronger in 1815 than it had been in 1789. Many wanted to avoid entanglements with Europe, but instead the country became involved in Europe's wars and ended up waging another war with the former mother country. Still, with a new generation emerging by 1815, most Americans were confident and optimistic about the future of their country. Named a New York Times Notable Book, Empire of Liberty offers a marvelous account of this pivotal era when America took its first unsteady steps as a new and rapidly expanding nation.