|
March 2, 1981
TO: Mrs. Ruth Eaton, Reference Librarian
FROM: B. A. Goldberg
RE: Research request re Barren v. Baltimore
Barron v. Baltimore. 32 U.S. (7 Pet.) 243 (1833), is the
famous case in which Marshall, C.J., held that the first nine
amendments to the Constitution did not apply to the states.
The case began in 1822 and was the subject of a trial
court opinion in the Baltimore County Court by Stephenson
Archer, J., in 1828 or 1829. Judge Archer's opinion was
printed in 2 American Jurist 203 (1829).
An appeal was taken to the "court of appeals for the
western shore of the state of Maryland." 32 U.S. (7 Pet.)
at 252. Judge Archer's judgment for the plaintiffs was
reversed^and they took the case to the United States
Supreme Court on a "writ of error to the court of appeals
for the western shore of the state of Maryland." 32 U.S.
(7 Pet.) at 243. The United States Supreme Court dis-
missed "for the want of jurisdiction." 32 U.S. (7 Pet.)
at 249, 250.
I want to know what happened in the "court of appeals
for the western shore." It is said in Cumberland v. Willison,
50 Md. 138 (1878), "There was no formal opinion by the court
[of appeals for the western shore]....The absence of an
opinion in so important a case stating the grounds of de-
cision is of course to be regretted...." 50 Md. at 154.
Is the statement made in 1878 that there was no opinion
by the court of appeals for the western shore between 1828
and 1833 correct?
If it is not, can we get a copy of the opinion?
If it is, can we get copies of the briefs, if any, presented
to the court of appeals for the western shore and a copy of
the memorandum of judgment quoted in 50 Md. at 154?
Can we get copies of the briefs presented to the United
States Supreme Court on the writ of error to the court of
appeals for the western shore?
Has anyone, particularly a Maryland local historian, ever
written on the case.in any of the courts? Roger Taney and
Mr. Key [Francis Scott?] were counsel for the city. The
complete title in the U.S. Supreme Court is "John Barron,
survivor of John Craig, for the use of Luke Tiernan, execu-
tor of John Craig v. The Mayor and City Council of Baltimore.
(These names may be of some help in locating material.)
|
