Martin v. Hunter's Lessee 1 Wheaton 304 (1816)
MARTIN v. HUNTER'S LESSEE 1 Wheaton 304 (1816)
Appomattox ultimately settled the issue that bottomed this case: were the states or was the nation supreme? As a matter of law, the opinion of the Supreme Court supplied the definitive answer, but law cannot settle a conflict between competing governments unless they agree to abide by the decision of a tribunal they recognize as having jurisdiction to decide. Whether such a tribunal existed was the very issue in this case; more precisely the question was whether the Supreme Court's appellate jurisdiction extended to the state courts. In 1810 Virginia had supported the Court against state sovereignty advocates. Pennsylvania's legislature had resolved that "no provision is made in the Constitution for determining disputes between the general and state governments by an impartial tribunal." To that Virginia replied that the Constitution provides such a tribunal, "the Supreme Court, more eminently qualified … to decide the disputes aforesaid in an enlightened and impartial manner, than any other tribunal which could be erected." (See united states v. judge peters.) The events connected with the Martin case persuaded Virginia to reverse its position. The highest court of the state, the Virginia Court of Appeals, defied the Supreme Court, subverted the judicial power of the united states as defined by Article III of the Constitution, circumvented the supremacy clause (Article VI), and held unconstitutional a major act of Congress—all for the purpose of repudiating judicial review, or the Supreme Court's appellate jurisdiction over state courts and power to declare state acts void.
theMartin case arose out of a complicated and protracted legal struggle over land titles. Lord Fairfax died in 1781, bequeathing valuable tracts of his property in Virginia's Northern Neck to his nephew, Denny Martin, a British subject residing in England. During the Revolution Virginia had confiscated Loyalist estates and by an act of 1779, which prohibited alien enemies from holding land, declared the escheat, or reversion to the state, of estates then owned by British subjects. That act of 1779 did not apply to the estates of Lord Fairfax, who had been a Virginia citizen. The Treaty of Peace with Great Britain in 1783, calling for the restitution of all confiscated estates and prohibiting further confiscations, strengthened Martin's claim under the will of his uncle. In 1785, however, Virginia had extended its escheat law of 1779 to the Northern Neck, and four years later had granted some of those lands to one David Hunter. jay ' streaty of 1794, which protected the American property of British subjects, also buttressed Martin's claims. By then a Virginia district court, which included Judge st. george tucker, decided in Martin's favor; Hunter appealed to the state's high court. john marshall, who had represented Martin, and James Marshall, his brother, joined a syndicate that arranged to purchase the Northern Neck lands. In 1796 the state legislature offered a compromise, which the Marshall syndicate accepted: the Fairfax devisees relinquished claim to the undeveloped lands of the Northern Neck in return for the state's recognition of their claim to Fairfax's manor lands. The Marshall syndicate accepted the compromise, thereby seeming to secure Hunter's claim, yet thereafter completed their purchase. In 1806, Martin's heir conveyed the lands to the syndicate, and in 1808 he appealed to the Court of Appeals, which decided in favor of Hunter two years later.
The Martin-Marshall interests, relying on the Treaty of 1783 and Jay's Treaty, took the case to the Supreme Court on a writ of error under section 25 of the judiciary act of 1789. That section provided in part that the nation's highest tribunal on writ of error might reexamine and reverse or affirm the final judgment of a state court if the state court sustained a state statute against a claim that the statute was repugnant to the Constitution, treaties, or laws of the United States, or if the state court decided against any title or right claimed under the treaties or federal authority. Chief Justice Marshall took no part in the case, and two other Justices were absent. Justice joseph story, for a three-member majority and against the dissenting vote of Justice william johnson, reversed the judgment of the Virginia Court of Appeals, holding that federal treaties confirmed Martin's title. In the course of his opinion Story sapped the Virginia statutes escheating the lands of alien enemies and ignored the "compromise" of 1796. The mandate of the Supreme Court to the state Court of Appeals concluded: "You therefore are hereby commanded that such proceedings be had in said cause, as according to right and justice, and the laws of the United States, and agreeable to said judgment and instructions of said Supreme Court …" (Fairfax's Devisee v. Hunter's Lessee, 1813).
The state court that received this mandate consisted of eminent and proud men who regarded the Supreme Court as a rival; the man who dominated the state court was spencer roane, whose opinion Story had reversed. Roane, the son-in-law of patrick henry, was not just a judge; he was a state political boss, an implacable enemy of John Marshall, and the man whom thomas jefferson would have appointed Chief Justice, given the chance. To Roane and his brethren, Story's opinion was more than an insulting encroachment on their judicial prerogatives. It raised the specter of national consolidation, provoking the need to rally around the states ' rights principles of the virginia and kentucky resolutions. Roane consulted with Jefferson and james monroe, and he called before his court the leading members of the state bar, who spoke for six days. Munford, the Virginia court reporter, observed: "The question whether this mandate should be obeyed excited all that attention from the Bench and Bar which its great importance truly merited." The reporter added that the court had its opinions ready for delivery shortly after the arguments. That was in April 1814, when the Republican political organization of Virginia dared not say anything that would encourage or countenance the states' rights doctrines of Federalist New England, which opposed the War of 1812 and thwarted national policies. Not until December 1815, when the crisis had passed and secessionism in the North had dissipated, did the Virginia Court of Appeals release its opinions.
Each of four state judges wrote opinions, agreeing that the Constitution had established a federal system in which sovereignty was divided between the national and state governments, neither of which could control the other or any of its organs. To allow the United States or any of its departments to operate directly on the states or any of their departments would subvert the independence of the states, allow the creature to judge its creators, and destroy the idea of a national government of limited powers. Although conflicts between the states and the United States were inevitable, the Constitution "has provided no umpire" and did not authorize Congress to bestow on the Supreme Court a power to pass final judgment on the extent of the powers of the United States or of its own appellate jurisdiction. Nothing in the Constitution denied the power of a state court to pass finally upon the validity of state legislation. The states could hold the United States to the terms of the compact only if the state courts had the power to determine finally the constitutionality of acts of Congress. Section 25 of the Judiciary Act was unconstitutional because it vested appellate powers in the Supreme Court in a case where the highest court of a state has authoritatively construed state acts. In sum, the position of the Court of Appeals was that the Supreme Court cannot reverse a state court on a matter of state or even federal law, but a state court can hold unconstitutional an act of the United States. Thus, Roane, with Jefferson's approval, located in the state courts the ultimate authority to judge the extent of the powers of the national government; in 1798 Jefferson had centered that ultimate authority in the state legislatures. At the conclusion of their opinions, the Virginia judges entered their judgment:
The court is unanimously of opinion, that the appellate power of the Supreme Court of the United States does not extend to this court, under a sound construction of the constitution of the United States; that so much of the 25th section of the act of Congress to establish the judicial courts of the United States, as extends the appellate jurisdiction of the Supreme Court to this court, is not in pursuance of the constitution of the United States; that the writ of error, in this cause, was improvidently allowed, under the authority of that act; that the proceedings thereon in the Supreme Court were Coram non judice [before a court without jurisdiction], in relation to this court, and that obedience to its mandate be declined by the court.
When the case returned a second time to the Supreme Court on writ of error, Marshall again absented himself and Story again wrote the opinion. The Martin Court, consisting of five Republicans and one Federalist, was unanimous, though Johnson concurred separately. Story's forty-page opinion on behalf of federal judicial review is a masterpiece, far superior to Marshall's performance in marbury v. madison (1803) on behalf of national judicial review. In its cadenced prose, magisterial tone, nationalist doctrine, incisive logic, and driving repetitiveness, Story's opinion foreshadowed Marshall's later and magnificent efforts in mcculloch v. maryland (1819), cohens v. virginia (1821), and gibbons v. ogden (1824), suggesting that they owe as much to Story as he to Marshall's undoubted influence on him. Because the Constitution, as Roane pointed out, had neither expressly empowered Congress to extend the Court's appellate jurisdiction to the state courts nor expressly vested the Court itself with such jurisdiction, Story had to justify broad construction. The Constitution, he observed, was ordained not by the sovereign states but by the people of the United States, who could subordinate state powers to those of the nation. Not all national powers were expressly given. The Constitution "unavoidably deals in general language," Story explained, because it was intended "to endure through a long lapse of ages, the events of which were locked up in the inscrutable purpose of Providence." The framers of the Constitution, unable to foresee "what new changes and modifications of power might be indispensable" to achieve its purposes, expressed its powers in "general terms, leaving to the legislature, from time to time, to adopt its own means to effectuate legitimate objects.…" From such sweeping premises on the flexibility and expansiveness of national powers, Story could sustain section 25. He found authority for its enactment in Articles III and VI.
Article III, which defined the judicial power of the United States, contemplates that the Supreme Court shall be primarily an appellate court, whose appellate jurisdiction "shall" extend to specified cases and controversies."Shall" is mandatory or imperative: the Court must exercise its appellate jurisdiction in all cases, in law and equity, "arising under the Constitution, the Laws of the United States, and Treaties made.…" It is, therefore, the case, not the court from which it comes, that gives the Supreme Court its appellate jurisdiction, and because cases involving the Constitution, federal laws, and treaties may arise in state courts, the Supreme Court must exercise appellate jurisdiction in those cases. Contrary to Roane, that appellate jurisdiction did not exist only when the case came from a lower federal court. The Constitution required the establishment of a Supreme Court but merely authorized Congress to exercise a discretionary power in establishing lower federal courts. If Congress chose not to establish them, the Court's mandatory appellate jurisdiction could be exercised over only the state courts. The establishment of the lower federal courts meant that the appellate jurisdiction of the Supreme Court extended concurrently to both state and federal courts.
Article VI, the supremacy clause, made the Constitution itself, laws in pursuance to it, and federal treaties the supreme law of the land, binding on state courts. The decision of a state court on a matter involving the supreme law cannot be final, because the judicial power of the United States extends specifically to all such cases. To enforce the supremacy clause, the Supreme Court must have appellate jurisdiction over state court decisions involving the supreme law. That a case involving the supreme law might arise in the state courts is obvious. Story gave the example of a contract case in which a party relied on the provision in Article I, section 10, barring state impairments of the obligations of a contract, and also the example of a criminal prosecution in which the defendant relied on the provision against ex post facto laws. The Constitution, he pointed out, was in fact designed to operate on the states "in their corporate capacities." It is "crowded" with provisions that "restrain or annul the sovereignty of the States," making the Court's exercise of appellate power over state acts unconstitutional no more in derogation of state sovereignty than those provisions or the principle of national supremacy. Not only would the federal system survive the exercise of federal judicial review; it could not function without such review. The law must be uniform "upon all subjects within the purview of the Constitution. Judges … in different States, might differently interpret a statute, or a treaty of the United States, or even the Constitution itself: If there were no revising authority to control these jarring and discordant judgments, and harmonize them into uniformity, the laws, the treaties and the Constitution of the United States would be different in different states," and might never have the same interpretation and efficacy in any two states.
Story's opinion is the linchpin of the federal system and of judicial nationalism. It remains the greatest argument for federal judicial review, though it by no means concluded the controversy. Virginia's hostility was so intense that a case was contrived in 1821 to allow the Supreme Court to restate the principles of Martin. (See cohens v. virginia, 1821.) As a matter of fact, though, federal judicial review and the constitutionality of section 25 remained bitterly contested topics to the eve of the civil war.
Leonard W. Levy
Beveridge, Albert J. 1916–1919 The Life of John Marshall, 4 vols. Vol. IV:145–167. Boston: Houghton Mifflin.
Crosskey, William Winslow 1953 Politics and the Constitution, 2 vols. Pages 785–817. Chicago: University of Chicago Press.
Haines, Charles Grove 1944 The Role of the Supreme Courtin American Government and Politics, 1789–1835. Pages 340–351. Berkeley: University of California Press.