Notes of a Citizen of Virginia

by James Jackson Kilpatrick

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Ableman, United States Marshal: in Wisconsin case, 213-214
Adair, John, Governor of Kentucky: denounces Supreme Court in land controversy, 164
Adams, John: role in Alien-Sedition affair, 63; attacked by editors, 67-69
Agricultural Adjustment Act, 245-246
Agricultural Marketing Agreement Act, 251
Alabama: resists protective tariff, 176; adopts act as to Negro Seamen, 203; legislature of, denounces judicial legislation, 305
Alien Enemies Act (of 1798), 64
Alien Friends Act of 1798, 65
Arkansas: feuds with Ohio as to fugitive slaves, 209; approves doctrine of interposition, 306
Arnold, Benedict, 104
Articles of Confederation: provisions reviewed, 10-13

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Bache, Benjamin: edited Aurora in Philadelphia, 1798, 67-68
Bachelder, General George W.: commands troops in Maine, 208
Baldwin, Luther: arrested and tried for sedition, 70
Bank of the United States: protected from State taxation in McCulloch case, 33; in conflict with States, 47-51; 144-158
Barbour, James: on Virginia Resolution, 83-84; quarrel with Georgia, 170
Beecher, Henry Ward, 268
Beveridge, Albert J.: sneered at State sovereignty, 10
Bill of Rights, 46. See Constitution of United States
Black, Justice Hugo: on limitations of Supreme Court, 274; in Tidelands case, 287 ff; upholds Federal control of trucking industry, 293; on Illinois proceedings for judicial review, 296-297
Bituminous Coal Conservation Act, 247-248
Blatchford, Justice Samuel: named to Supreme Court, 228
Booth, Sherman M.: Wisconsin editor in fugitive slave case, 213-214
Bradley, Justice Joseph P.: on right of secession, 222; named to Supreme Court, 227
Breckinridge, John: sponsors Kentucky resolution of 1798, 71
Brewster, Owen, 243
Bright, Michael, General: commander of Pennsylvania militia protecting defendants in Olmstead case, 110-113
Brooke, Justice Francis T.: protests United States action in Fairfax lands case, 124
Brown, David: sentenced under Sedition Act, 70
Bryan, William Jennings: attacks Supreme Court in income tax case, 237-238
Burk, John Daly: edited New York Time Piece, sentenced under Sedition Act, 68
Butler, Elizur: figures in Georgia controversy, 173
Butler, Justice Harold O.: dissents in sedition case, 295; on judicial review in Illinois, 298; in Natural Gas case, 299; dissents in Slochower case, 301
Butler, Justice Pierce: objects to Federal control of labor relations, 249

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Cabell, Judge William H., 121-124
Calhoun, John C.: on sovereignty, 14; supports Second Bank of the United States, 145; his role in nullification crisis, 57-61; his doctrine of nullification reviewed, 185-199
California: in Tidelands case, 287-292
Callender, James Thompson, 68
Campbell, Justice John A., 218
Cardozo, Justice Benjamin N.: on National Industrial Recovery Act, 245; on Social Security, 249-250
Castle, Latham (attorney general of Illinois), 293-294
Catron, Justice John, 218
Chaffee, C. C., 210-211
Chase, Chief Justice Salmon P.: on State sovereignty, 8, 222; named to Supreme Court, 227; in Tarbles case, 230-231
Chase, Justice Samuel: on sovereignty, 5-6; enforces Sedition Act, 68-69
Child Labor Law, 240-241
Cherokee Indians, 171-173
Chesapeake Affair, 126
Chisholm, Alexander, 52, 53-58
Chittenden, Martin (Governor of Vermont), 135
Civil Rights: Reconstruction cases affecting, 233; acts in Congress, 264, 266; construed by Supreme Court as to schools, 255-256, 271-272
Clark, Justice Tom: in natural gas case, 299; in Slochower case, 301
Clay, Henry: in Kentucky land controversy, 163; as conciliator in tariff dispute, 185
Clifford, Justice Nathan, 226
Cobbet, William, 119-120
Congress: term employed in Declaration of Independence, 5; under Articles of Confederation, 12-13; membership and powers under Constitution, 20-23; certain acts of, held unconstitutional by Supreme Court, 228
Connecticut: ratifies Constitution, 43; regrets Virginia Resolution, 84; denounces Embargo Acts, 130-131; denounces War of 1812 and refuses troops, 134-135; enacts State law to nullify Conscription Act, 139; accepts invitation to Hartford Convention, 140; harasses Bank of the United States, 157; criticizes Georgia in Cherokee case, 173; opposes nullification movement in South Carolina, 180; opposes annexation of Texas, 208; adopts Personal Liberty Law, 209; opposes 18th Amendment, 242
Conscription: Act of 1814 resisted by Massachusetts and Connecticut, 139
Constitution of the United States: genesis in Articles of Confederation, 10-13; general provisions as to States, 18-28; speaks of United States always in plural, 20-21; compact theory of, asserted (by Rhode Island) 131, (by Kentucky) 71, 72, 74, 84-85, (by Virginia) 77, 86-89, 179-180, (by Calhoun) 187-188; termed only source of Federal power, 116, 149, 229, 248; checks and balances in, 36, 39-40, 91-94; limitations on Federal powers, 29-32, 33, 38-39, 41, 72, 77, 84-85; ratified by States, 17, 18, 27, 34, 42-46
–Preamble—debated in Virginia 15-16, in Philadelphia 17-18
–Article I: legislative powers, 20-21; sanctioned slavery, 200-201; general welfare clause, 11, 47, 246; commerce clause, 234-241, 244-251, see Natural Gas Act, railroads, etc.; militia, 21, 26, 133, 136, 139-141, 143; necessary or proper clause expounded (by Marshall) 146, (by Roane) 148; impairment of contracts, in Kentucky-Virginia dispute 162-163, in Ohio bank taxation controversy 216-221, as to State bonds 221-222
–Article II: executive powers, 22-23
–Article III: judicial powers, defined, 23; debated in Virginia, 40-42; limit on sought by New York, 45; challenged in Chisholm case, 53 ff; construed by Virginia 55, in Kentucky 75, by Hamilton 93-94; Supreme Courts authority as arbiter in State-Federal conflicts disputed 71-72, 82-83, 88-90, 117-118, 120, 122, 150, 152-154, 156, 157, 171, 180, 191-193, 194, 219-220; Judiciary Act of 1789, 121-122, 124
–Article IV: extradition of fugitives, 24, 199-215 passim
–Article V: amendatory process defined, 24-25; expounded by John Taylor of Caroline, 82; court itself cannot amend, 272
–Article VI: supreme law of the land, 25-26, 27, 273
–Article VII: ratification, 17, 18, 27, 42-46
–First Amendment, 65-66, 78
–Fifth Amendment, 200-302
–Tenth Amendment: genesis in Articles of Confederation, 11; Madison on, 29, 86; demanded by Virginia, 43; by Massachusetts 44, by South Carolina 44, by New Hampshire 44, by New York 44-45, by North Carolina 45, by Rhode Island 45-46; ratified, 46; decline of, 46-47; expounded by Virginia Supreme Court, 122; Calhoun on, 189; effect of Reconstruction, 222-223; viewed by Supreme Court in New Deal test case, 245, 246, 250; as to school segregation, 261
–Eleventh Amendment, 57-58
–Thirteenth Amendment, 223, 259, 260, 264
–Fourteenth Amendment: effect on structure of Constitution, 223; its application limited in Slaughter-house cases, 232; considered in Congress, 264-269; interpretation of, as to segregated schools, 255-257, 269-271; validity of ratification, 258-261; contemplates classes of persons, 282
–Fifteenth Amendment, 223, 264
–Sixteenth Amendment, 229, 237-238. See Income Tax
–Seventeenth Amendment, 30
–Eighteenth Amendment, 242-244
Convention of 1787, 23, 28. See Constitution of the United States
Cooley, Thomas, 282
Cooper, Thomas: punished under Sedition Act, 68; in South Carolina nullification crisis, 178
Corbin, Francis, 37-38
Corwin, Edward S., 212, 224
Cowan, Senator Edgar (of Pennsylvania), 264-265
Creek Indians, 169-171
Cushing, Justice William, 6

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Daniel, Justice Peter V.: in Ohio bank tax case, 218
Davis, Justice David: named to Supreme Court, 226
Day, J. M.: protests Federal taxation of his income as State judge, 229
Day, Justice William R.: defines limits of Federal power, 241
Debt Assumption Act of 1790: Virginia protests, 58-60
Debs, Eugene, 238
Declaration of Independence: provisions as to States reviewed, 4-7
Delaware: ratines Constitution, 43; rejects Virginia Resolution, 83; opposes Embargo Acts, 128; opposes interposition in tariff controversy, 180-184; rejects Fourteenth Amendment, 260
Democratic National Convention: in 1896, denounces oppression by Federal judges, 238
Desha, Joseph, Governor of Kentucky: denounces Supreme Court of the United States in land controversy case, 166-167
Doane, Elisha: appealed Susannah case to Federal court, 61-62
Doctrine of ’98: based on Tenth Amendment, 86-91
Douglas, Justice William O.: on dangers of judicial sociology, 275; in Tidelands case, 290; as to union shop in railways, 202-203
Dred Scott Case, 210-213
Duane, William: violation of Sedition Act, 68
Dunlop, Robert P., Governor of Maine: in fugitive slave dispute with Georgia, 206

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Embargo Acts: of 1807, adopted by Congress, 127; of 1808, opposed in New England, 127-131; of 1813-1814, resisted by Massachusetts and Connecticut, 136-139
Emerson, John: figures in Dred Scott case, 210

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Fairfax, Thomas Lord: land litigation in Virginia, 120-125
Fair Labor Standards Act: upheld by Supreme Court, 250-251
Federalist Papers: ratification by distinct States, 19; on Federal-State relationship, 29-32; immunity from suit, 54; weakness of judiciary, 93-94; methods of opposing Federal encroachment, 97
Fleming, Judge (Virginia): concurs in protest of United States action in Fairfax lands case, 124
Florida: adopts act as to Negro seamen, 203
Force Act: adopted, 185
France: treaty with United States approved by Virginia, 8; relations with United States, 63-64; 125, 126
Frankfurter, Justice Felix: on formation of union by States, 6; on amending Constitution, 47; in Tidelands case, 289-290; on judicial review in States, 297; on labor relations, 303
Freedmens Bureau Bill, 264
Fugitive Slave Acts: of 1793, 201; Northern States seek to nullify, 203-216 passim, held unconstitutional by Wisconsin Supreme Court, 214
Fuller, Chief Justice Melville, 225

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Garrison, William Lloyd, 202
Georgia: ratifies Constitution, 43; defies Supreme Court in Chisholm case, 53-58; interposes against Bank of United States, 146, 151; wars with Supreme Court in Yazoo land case, 167-169; resolutions against tariff, 175, 179; Negro Seamens Act, 203; feuds with Maine as to fugitive slaves, 205-207; legislature of, denounces judicial legislation, 305; interposition by State Supreme Court, 306
Gettysburg Battlefield Cemetery, 238
Gilmer, Governor Thomas Walker of Virginia: interposes his powers against New York, 205
Gilmer, George R., Governor of Georgia: resists United States government as to Indian territory, 172
Glover, Joshua: slave figures in Wisconsin case, 213
Granger Cases, 235, 236
Gray, Horace: named to Supreme Court, 228
Grayson, William: opposes Constitution in Virginia controversy, 40
Great Britain: recognized States as sovereign, 7; boundary dispute with Maine, 207-208
Grier, Justice Robert C.: named to Supreme Court, 226
Griswold, Governor Roger of Connecticut: rejects Federal order for troops, 1812, 134

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Hamilton, Alexander: on State-Federal relations, 27, 29-30; on suits against States, 54; on constitutionality of legislative acts, 72; on constitutional checks and balances, 93; on welfare clause of Constitution, 247
Hamilton, Governor James of South Carolina: 178, 182-183
Hammond, James H., 178
Harlan, Justice John M. (1833-1911): named to Supreme Court, 227-228; upholds States rights in Minnesota rate regulation case, 240; on dangers of judicial usurpation, 273
Harlan, Justice John M. (1899-): on judicial review in Illinois, 297-298; in Slochower case, 301-303
Hartford Convention, 136-144
Henry, Patrick: warns of State destruction, 3; inquires into preamble of Constitution, 19; in Virginia Convention, 34-40
Hoar, Samuel: his mission to South Carolina, 203
Holmes, Justice Oliver W.: dissents in child labor case, 241; on economic and moral beliefs of judges, 274
Houston, Thomas: captain of Convention, figures in Olmstead case, 103
Hughes, Chief Justice Charles Evans: on regulation of commerce, 236; decisions expanding Federal authority, 244; declares court has no right to amend Constitution, 272
Humphrey, Senator Hubert, 283
Hunt, Justice Ward: named to Supreme Court, 227; on taxation, 75
Hunter, David: litigant in Lord Fairfax land case, 1796, 120-125

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Illinois: resists Bank of the United States, 145-146; opposes annexation of Texas, 208; State load limit law voided in part by Supreme Court, 293-294; State provision as to judicial review voided by Supreme Court, 296-299
Income tax, Federal: foreseen by Madison, 30, 31; by Mason, 35; adopted by Congress, 229; invalidated by Supreme Court, 237
Indiana: resists Bank of the United States, 145; defends protective tariff, 176; restrained by Federal courts as to tax assessment, 239; prohibited immigration of Negroes, 268; opposed integration of schools, 270
Indiana Company, 54-55
Indians: in Georgia, 169-173; treated as class under Fourteenth Amendment, 283-284
Internal Improvements, 158-161
Interposition: right of asserted by Virginia Resolution, 77; expounded by Madison, 86-98; broadened by Calhoun, 178-179; further developed by Calhoun, 182, 186-199; ranges of defined, 97, 180-181; 194-195; right of denied by Marshall, 109; by State judicial authorities, 118, 119-120, 122, 166, 22O, 221-222
–by States: Alabama, 176, 203, 305; Arkansas, 306; Connecticut, 130-131, 134-135, 139, 157, 204, 208, 209, 243; Delaware, 128; Florida, 203; Georgia, 53-58, 146, 151, 167-173, 175, 176, 179, 203, 305, 306; Illinois, 145-146, 204, 208; Indiana, 145, 204; Iowa, 204, 221-222; Kentucky, 62-85, 146, 157, 161-167; Louisiana, 203; Maine, 204, 208, 212-213; Maryland, 146, 208; Massachusetts, 56, 127, 128-130, 133-134, 136, 139, 204, 208-209, 213; Michigan, 204, 208, 209; Minnesota, 239-240; Mississippi, 179, 305; Nebraska, 240; New Hampshire, 60-62, 105-108, 157, 204; New York, 127, 157, 204, 205, 213, 243; North Carolina, 60, 146, 305; Ohio, 151-158, 204, 208, 213, 216-221; Oregon, 238; Pennsylvania, 104-118, 157-158, 204, 209; Rhode Island, 127, 131, 135, 204, 209, 242; South Carolina, 157, 158-159, 175, 203, 262, 305; Tennessee, 146; Texas, 306; Vermont, 135, 204, 208, 209, 212; Virginia, 62-85, 120-125, 160, 175, 179-180, 262, 305; Wisconsin, 204, 213-215
Iowa: resists Supreme Court as to State bonds, 221-222
Iredell, Justice James: in Chisholm case, 56; in Doane case, 107

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Jackson: Justice Robert: decides for National Labor Relations Board in Pennsylvania case, 292-293
James, Joseph B., 260-261; 268
Jefferson, Thomas: on State sovereignty, 5; transmits Virginias approval of treaty to France, 8; drafts Kentucky Resolution, 71; in Embargo crisis, 127; drafts protest against internal improvements, 159-160; his opinion on Federal judiciary, 275-276; 5, 273
Johnson, President Andrew: on Reconstruction Act, 261; vetoes civil rights act, 265
Johnson, Justice William: on Kentucky land claimant laws, 162; voids South Carolina Negro Seamens Act, 203
Jones, Governor William of Rhode Island: refuses to call out State militia, 1812, 133
Josiah, Captain James: captain of Le Gerard, figure in Olmstead case, 103
Judicial Power: need for check upon urged, 276-277
Judiciary Act of 1789, 121-122, 124

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Kansas: in 1868 approved separate schools, 270
Kansas-Nebraska Act of 1854, 211
Kent, Edward, Governor of Maine: in dispute with Georgia, 206-207
Kentucky Resolutions: events leading to, 62-71; provisions reviewed, 71-76; second resolution adopted, 84-86
Kentucky: adopts resolutions against Alien-Sedition Acts, 62-86; imposes tax on Bank of the United States, 146; denounces Supreme Court, 157; resists Supreme Court in land controversy, 161-167; defines limit on interposition, 180-181; feuds with Ohio as to fugitive slaves, 209-210; rejects Fourteenth Amendment, 260

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Labor Relations: federal control of sustained by Supreme Court, 249; Supreme Court approves union shop as to railways, 303-304; in Pennsylvania, 292-293
Lamar, Justice Lucius Q. C.: named to Supreme Court, 228
Lee, Richard Henry: in Virginia Convention of 1788, 34
Legal Tender Case, 228-229
Lehman, Senator Herbert, 243-244
Lincoln, Levi, Governor of Massachusetts: protests Embargo Acts, 1809, 128-129
Livingston, Edward: on role of Supreme Court in State-Federal disputes, 193-195
Lloyd, William: drafts report in Massachusetts denouncing embargo, 136
Louisiana: opposes interposition in tariff controversy, 180; adopts act as to Negro seamen, 203; position in Slaughterhouse cases, 232; Negro voting in, 233; railway segregation law approved by Supreme Court, 271; in Tidelands litigation, 290-292
Lumpkin, Wilson, Governor of Georgia: resists John Marshall as to Cherokee lands, 173
Lyon, Matthew: indicted and convicted of sedition, 69-70

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Madison, James: on sovereignty, 16; on ratification of Constitution, 19; on constitutional amendments, 25; on limitations of Federal government, 29, 30-32; in Virginia Convention, 37-38; urges Virginia Resolution against Alien and Sedition Acts, 76; expounds Virginia Resolution, 86-98 passim; turns to more nationalist view, 91, 181; pardons General Bright and troops in Olmstead case, 113; in War of 1812, 133; advises against “Virginia Protest,” 160; on welfare clause of Constitution, 246; mentioned, 39, 273
Maine: feuds with Georgia as to fugitive slaves, 205-207; wars with Great Britain in boundary dispute, 207-208; opposes annexation of Texas, 208; resolves against Supreme Court in Dred Scott case, 212-213
Marshall, Chief Justice John: on State sovereignty, 6; on nature of the State, 8; on power of State to tax Federal instrumentalities, 32, 146-148, 155-156; as to Tenth Amendment, 47; on Sedition Act, 66; denies rights of States to interpose, 109; assailed by Spencer Roane, 124; decides against Georgia as to Yazoo lands, 168-169; in Cherokee case, 172-173; general trend under his court, 225; mentioned, 216, 224, 251
Maryland: taxing power limited in McCulloch case, 33, 146-148; ratifies Constitution, 44; endorses internal improvements, 160; opposes admission of Texas, 208; rejects Fourteenth Amendment, 260
Mason, George: in Virginia Convention, 34, 40; as to slavery, 200
Massachusetts: declares neutrality in near war between New York and Vermont, 7; ratines Constitution, 44; assails Supreme Courts opinion in Chisholm case, 56; opposes Virginia Resolution, 84; interposes against Embargo Acts, 128-130; resists declaration of War of 1812, 133; seeks to nullify conscription law, 136-139; summons militia in War of 1812, 140; criticizes Georgia for resisting Supreme Court in Cherokee lands case, 173; defends protective tariff, 176; opposes South Carolina as to nullification, 184; opposes annexation of Texas, 208-209; Personal Liberty Law, 209; declares will not be bound by courts opinion in Dred Scott case, 213
Matthews, Justice Stanley, 228
McCulloch, James W., 145
McDuffie, George, 178
McKean, Judge Thomas: in Olmstead case, 105; in Cobbet case, 118-120
McLean, Justice John, 218
McReynolds, Justice James C., 249-250
Mencken, Henry L., 242
Michigan: resists annexation of Texas, 208; adopts Personal Liberty Law, 209; restrained by Federal courts as to tax assessment, 239
Militia: Constitutional provisions as to, 21; figures in Hartford Convention, 46-47
Miller, Justice Samuel Freeman: named to Supreme Court, 226; in Slaughterhouse cases, 232
Minnesota: resists Federal courts as to State rate regulation, 239-240; decision of State Supreme Court as to sale of liquor to Indians, 283-284
Minton, Justice Sherman: in Tidelands case, 291; as to sedition, 295; on judicial review in Illinois, 298; in Slochower case, 301
Mississippi: resists protective tariff, 179; legislature of, denounces judicial legislation, 305
Missouri: as to railroad regulation, 239
Missouri Compromise of 1820, 211
Moore, A. Harry, Governor of New Jersey, 243
Morrill, Justin, 268
Myrdal, Gunnar, 255-256, 273

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Napoleonic Wars, 125-126
National Association for the Advancement of Colored People, 280, 285
National Industrial Recovery Act, 245
National Labor Relations Board, 292-293
Natural Gas Act, 299-300
Nebraska: dispute with Federal Government as to rate regulation, 239-240; constitutional provision as to right to work voided on railroads, 302
Negro: social characteristics of, 278-284 passim. See Slavery, Personal Liberty laws, Segregation
Nelson, Justice Samuel: named to Supreme Court, 226; as to Federal taxation of income of State officials, 229
Nelson, Steve, 294-296
New Hampshire: ratifies Constitution, 43-44; protests Federal decree in admiralty case, 60-62, 104-108; opposes Virginia Resolution, 84; at Hartford Convention, 140; opposes Bank of the United States, 157
New Jersey: ratifies Constitution, 43; rejects Eleventh Amendment, 57; opposes Vermonts position on use of troops, 135; on tariff, 180; rescinds ratification of Fourteenth Amendment, 260
New York: engages in near war with Vermont, 7; ratifies Constitution, 44-45; rejects Virginia Resolution, 84; opposes Bank of the United States, 157; defends protective tariff, 184; feuds with Virginia, 204-205; denounces Supreme Court, 213; resists Eighteenth Amendment, 242; maintained segregated schools, 271
North Carolina: ratines Constitution, 45; resists Federal courts, 60; imposes tax on Bank of the United States, 146; resolves against tariff, 176; restrained by Federal courts as to railroad regulation, 239; legislature of, denounces judicial legislation, 305
Nullification: term employed in second Kentucky Resolution, 85; theories of reviewed, 186-199. See Interposition

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Ohio: fight with Bank of the United States, 151-158; defends protective tariff, 176; opposes South Carolina, 184; protests admission of Texas, 208; Arkansas threatens to sever relations with, 209-210; denounces Supreme Court in Dred Scott case, 213; feuds with Supreme Court as to bank taxation, 216-221; rejects Fourteenth Amendment, 260; denies vote to Negroes in Reconstruction Period, 268; maintains segregated schools in post-War era, 270-271
Olmstead, Gideon, 102-105; 108-118
Oregon: governor condemns judicial oligarchy, 238; restrained by Supreme Court as to sale of land, 239; rescinds ratification of Fourteenth Amendment, 260
Osborn, Ralph, State Auditor of Ohio, 50; passim 151-157
Otis, Harrison Gray: defends Hartford Convention, 142-143

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Paterson, Justice William, 107
Pendleton, Edmund, 3, 34-39
Pennsylvania: ratifies Constitution, 43; refuses to ratify Eleventh Amendment, 19; defies Federal courts in Olmstead case, 104-118 passim; defends stand in Olmstead case, 113-118; feuds with Vermont as to militia, 135-136; opposes Bank of the United States, 157-158; as to tariff, 180, 184; personal liberty laws, 209; segregated schools, 271; State courts restricted in labor controversy, 292-293; Steve Nelson case from, 294-296
Percy, William Alexander, 278
Pernoyer, Sylvester (Governor of Oregon), 238
Personal liberty laws, 199-216
Phillips case, 299-300
Pickering, Timothy, 66-70 passim
Police power: doctrine relied upon in Southern States as to separation of races, 277-284 passim
Prohibition: States prevented from banning importation of liquor, 236-237; resistance to by States, 242-244

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Railways: expansion in Midwest, 221-222; State control over limited by Supreme Court, 238-240; union shop contracts in, 302-304
Randolph, Edmund: in Virginia Convention, 15-16, 34, 37; views on slavery, 200
Randolph, John of Roanoke: on sovereignty, 14; on Non-Intercourse Act, 132
Reconstruction: constitutional changes during, 222-234 passim; Supreme Court judges of period, 225-228; acts of Congress, 260
Reed, Justice Stanley: on Tidelands, 289, 291; on sedition, 295-296; in Slochower case, 301; on judicial review in Illinois, 298
Revolutionary War, 7
Rhode Island: ratines Constitution, 17, 45-46; assailed by Patrick Henry, 19; denounces Virginia Resolution, 84; opposes Embargo Acts, 127, 131; resists Federal requisition of troops, 135; in Hartford Convention, 140; defends protective tariff, 176; defies Supreme Court with personal liberty law, 209; resists Eighteenth Amendment, 242
Rittenhouse, David, 105
Roane, Judge Spencer: protests action of Supreme Court in Fairfax lands case, 124; assails John Marshall, 148-151
Roberts, Justice Owen: in AAA case, 246; as to welfare clause, 246-247; on Fair Labor Standards Act, 248; on transience of constitutional opinions, 276-277
Robertson, Senator A. Willis, 244
Roosevelt, President Franklin D., 247
Ross, Judge George: in Olmstead case, 104-105

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Sandford, John F. A., 211
Schley, William, Governor of Maine, 206
Schools: in Reconstruction period, 269-271; segregation in, upheld by Supreme Court, 271-272; segregation in, prohibited by Supreme Court, 255-256; prospect of abandonment in Southern States, 284
Scott, James Brown, 9
Scott, General Winfield: in South Carolina, 183; in Maine, 208
Seabury Report, 300
Sedition: Act of 1798, 23-24, 65-66; State laws against voided by Supreme Court, 294-296
Segregation: never prohibited by Fourteenth Amendment, 262-271; prohibited by Supreme Court, 255 ff; in District of Columbia, 269; basis for in Southern States, 277-284
Seward, William Henry, Governor of New York, 205
Sherman, John, 269
Skiras, Justice George, 237
Slaughterhouse cases, 232
Slavery: sanctioned by Constitution, 22, 200-201; colonization plan urged to end, 201-208
Slochower, Harry, 300-303
Smith, Alfred E., 243
Smith, Judge A. B., 213
Smith, Congressman Howard, 295
Smith, U.S. Marshal John, 110
Snyder, Simon, Governor of Pennsylvania, 110
Social Security Act, 250
South Carolina: ratifies Constitution, 43-44; taxes Bank of the United States, 157; interposes against internal improvements, 158-159; objects to tariff of 1825, 175; nullification movement in, 177-185; adopts Negro Seamens Act, 203; dispensary laws voided by Supreme Court, 239; interposes in school segregation cases, 262; legislature of, denounces judicial legislation, 305
Southern Manifesto denouncing judicial legislation, 306
Sovereignty: beginnings of State concept, 4, 5, 6; retained expressly under Articles of Confederation, 11; not relinquished in Constitution, 13-15; discredited by Paterson, 107; upheld by Iredell, 107; by McKean, 120; basic to theory of interposition, 186-187; impaired by Supreme Court, 286-304. See Interpositionby States
States: nature of defined, 8-9; powers under Articles of Confederation, 12; ratification of Constitution, 17-19, 42-47; their role under Constitution, 18-28; powers discussed in Federalist papers, 29-32; danger to foreseen by Henry and Mason, 35-41; status prior to Articles of Confederation, 107, 248; role diminished in recent times, 234-241, 244-251 passim, 284-304; rightful position urged by Abel Parker Upshur, 306-307. See Constitution of the United States, Tenth Amendment, Interposition
Stevens, Thaddeus, 259-260, 266
Stone, Chief Justice Harlan F.: on Tenth Amendment, 47; on Fair Labor Standards Act, 250; on judicial self-restraint, 276
Story, Justice Joseph: on State sovereignty, 10; in Fairfax case, 125; rules against Kentucky in land controversy, 162; voids Pennsylvania personal liberty law, 209; on welfare clause of Constitution, 247
Strong, Caleb, Governor of Massachusetts, 133-134
Strong, Justice William, 227
Sugar producers, 237
Supreme Court of the United States: abuse of powers foreseen, by Mason, 40-41; by Madison, 89-91; possible checks against, 64, 91-94. See Constitution of the United States, specific cases, judges Sutherland, Justice George: on State rights, 248; on permanency of Constitution, 272; protests Federal control of labor relations, 249
Swayne, Justice Noah Haynes, 226

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Taft, Chief Justice William Howard: speaks for unanimous court in approving constitutionality of school segregation, 244; 271-272
Taney, Chief Justice Roger B.: passes on Fugitive Slave Act, 210; in Dred Scott case, 211-212; rebukes Wisconsin in fugitive slave case, 214; in Ohio bank tax case, 218; his role as guardian of States rights, 225; in Charles River Bridge case, 234
Tariff: in 1789, for protection of manufacturers, 174; act of 1825, 174; Harrisburg Convention, 175
“Tariff of Abominations”: resisted by Southern States, 176-178
Tassels, George: figures in Georgia controversy, 171-172
Taxation, State powers of: limited by Marshall in McCulloch case, 147; further limited in Ohio bank litigation, 217, 218
Taylor, George Keith, 79-83
Taylor, John of Caroline: on sovereignty, 9, 14; his role in Virginia Resolution, 76-83, passim
Tazewell, Littleton Waller: on jurisdiction of the Supreme Court, 193
Telfair, Edward, Governor of Georgia: on refusing to appear in Chisholm case, 57
Tennessee:levies tax on Bank of the United States, 146
Texas: controversy over annexation, 208-209; restrained by Federal courts as to railroad regulation, 239; position in Tidelands case, 290-291; interposition as to natural resources, 306
Tidelands Cases, 192; 287-292
Tompkins, Daniel D., Governor of New York: opposes Embargo Acts, 1808, 127
Troup, George, Governor of Georgia: on sovereignty, 14; resists Supreme Court in Indian claims, 170
Turnbull, Robert J.: in nullification controversy, 181

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Upshur, Abel Parker, 195; 305-307

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Van Devanter, Justice Willis: protests Federal control of labor relations, 249
Vermont: hostilities with New York, 7; disapproves Virginia Resolution, 84; refuses Federal order for troops, 135; in Hartford Convention, 140; as to tariff, 180; personal liberty laws, 204-209; opposes annexation of Texas, 208; denounces Supreme Court in Dred Scott case, 212
Vinson, Chief Justice Fred M.: on limitations of Supreme Court, 275
Virginia: approves treaty with France, 8; Convention of 1788, 34-43; reservations in ratifying Constitution, 42-43; challenges Supreme Court in early land case, 54-55; her position as to Chisholm case, 56-57; ratifies Eleventh Amendment, 57-58; as to debt assumption, 58-60; adopts Resolution of 1798, 76-79; opposes Pennsylvania in Olmstead case, 117; opposes internal improvements, 160; dispute with Kentucky on land laws, 161-167; as to tariff, 175, 179-180; feuds with New York, 204-205; interposes against Supreme Court in school segregation case, 262; legislature of, denounces judicial legislation, 305
Virginia Protest: drafted by Jefferson, 159-160
Virginia Resolution of 1798: 62-83 passim; cited in Fairfax case, 124; embraced by Ohio, 152; revived by Wisconsin as to Fugitive Slave Act, 213-215
Voting: right held to come from the State, 233

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Waite, Chief Justice Morrison R.: named to Supreme Court, 227
Warren, Charles: on Dred Scott case, 212; on Ohio bank controversy, 218; Slaughterhouse case, 232
Warren, Chief Justice Earl: in school segregation case, 255; in Steve Nelson case, 294
War for Southern Independence, 225 ff, 259
War of 1812: blockade of New England coast, 139
Washington, Justice Bushrod: on Eleventh Amendment, 111-113; decides against Kentucky in land case, 163
Washington, George: letter transmitting Constitution to Congress, 28; farewell address, 272-273
Wayne, Justice James M.: decides against Ohio in bank taxation case, 221
Webster, Daniel: condemns Conscription Act of 1814, 138-139; mentioned, 204, 216
West Virginia: in jurisdictional dispute with Supreme Court, 191; ratifies Fourteenth Amendment, 271
Wilkins, Roy, 280
Wilson, Justice James: on Chisholm case, 56
Wisconsin: revives “Doctrine of ’98” in interposing against Supreme Court in fugitive slave case, 213-215
Woodbury, Justice Levi, 219-220
Woods, Justice William B.: named to Supreme Court, 228
Worcester, Samuel A.: in Cherokee land controversy, 173

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Yazoo Lands: dispute between Georgia and the Supreme Court, 167-169
Young, Edward T.: Attorney General of Minnesota, his fight against Supreme Court as to rate regulation law, 239-240