Henry Wheaton

Henry Wheaton 1785-1848, American jurist and diplomat, b. Providence, R.I., grad. Rhode Island College (now Brown), 1802. After translating the Code Napoléon into English, he practiced law, held various judicial offices, and was (1816-27) reporter of the decisions of the U.S. Supreme Court. While reporter he prepared A Digest of the Decisions of the Supreme Court of the United States, 1789-1820 (1821). He challenged his successor's right to use his summaries of Supreme Court opinions in Wheaton v. Peters (1834), establishing that only notes and commentary can be copyrighted. Wheaton's diplomatic career began with his service (1827-35) as chargé d'affaires in Denmark. While in Denmark he wrote his History of the Northmen (1831), which maintained that America had been discovered by Scandinavians before the voyage of Columbus. Wheaton represented (1835-46) the United States at the Prussian court. The U.S. Senate ratified treaties he negotiated with Prussia respecting the rights of immigrants, but it rejected the reciprocal trade agreements he considered his greatest achievement. Wheaton's crowning works were Elements of International Law (1836) and the companion work, A History of the Law of Nations (1845), which had great influence on international law.

Wheaton, Henry (1785–1848), born in Rhode Island, studied law in the U.S. and abroad, and became a leading New York lawyer and an editor of a Jeffersonian newspaper. While chargé d'affaires to Denmark (1827–35), he wrote History of the Northmen (1831), defending the pre‐Columbian discovery of America. Holding a similar post in Berlin (1835–46), he published Elements of International Law (1836) and History of the Law of Nations … (1845), complementary volumes that caused him to be ranked as the outstanding American expounder and historian of international law. The former work was later edited in a notable edition by R.H. Dana, Jr.

Wheaton, Henry (b. Providence, R.I., 27 Nov. 1785; d. Dorchester, Mass., 11 Mar. 1848), third reporter of decisions, 1816–1827. The ablest of the early reporters, Wheaton redefined the office and greatly improved the quality of the product. His service spanned the epochal years from Martin v. Hunter's Lessee (1816) to Ogden v. Saunders (1827). Upon Wheaton's death, a German obituary proclaimed his twelve volumes “the golden book of American national law”—owing in significant part to the reporter's contributions.

Unlike his self‐appointed predecessors, Wheaton became reporter through selection by the Supreme Court, held an office recognized by law (as of 1816), and received a modest salary. His sponsor was Justice Joseph Story, a fellow scholar and perfectionist who valued Wheaton's learning and determination. The two roomed together when in Washington and sought to create a comprehensive, coherent body of national law, relying where appropriate on British and continental analogues.

Wheaton attended court sessions faithfully, reported arguments and opinions accurately, and published each volume within the year, thereby enabling bench and bar to know promptly the rulings of the nation's highest court. In addition, aided occasionally (but anonymously) by Story, Wheaton enhanced his Reports with unprecedented annotations, elucidating particular points in opinions or exploring entire areas of developing law, apropos the business of the term.

Wheaton's career following the reportership was equally notable. He engaged in lengthy litigation with his successor, Richard Peters, Jr., concerning Wheaton's rights in his Reports. This case, Wheaton v. Peters (1834), established the major contours of American copyright law. As a diplomat, Wheaton served with distinction under six presidents. As an expounder and historian of international law, he achieved renown on both sides of the Atlantic, publishing Elements of International Law (1836) and History of the Law of Nations (1845). Subsequent editions of Elements extended Wheaton's influence on international law well into the twentieth century.

Of Wheaton's contributions to American jurisprudence, his contemporary William Pinkney's observation, occasioned by publication of Wheaton's first volume of Reports, is apt: “The Profession [is] infinitely indebted to you. …”

See also Reporters, Supreme Court.

Bibliography

Morris L. Cohen and and Sharon Hamby O'Connor , A Guide to the Early Reports of the Supreme Court of the United States (1995), pp. 35–59.
Craig Joyce , The Rise of the Supreme Court Reporter: An Institutional Perspective on Marshall Court Ascendancy, Michigan Law Review 83 (1985): 1291–1391.
Sandra Day O'Connor , The Majesty of the Law:Reflections of a Supreme Court Justice, edited by Craig Joyce (2003), chapter 4, The Supreme Court Reports, pp. 24–30.

Craig Joyce