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Federal Justice in the Mid-Atlantic South

其他書名	United States Courts from Maryland to the Carolinas, 1789-1835
出版	Administrative Office of the United States Courts, 2002
URL	http://books.google.com.hk/books?id=cOtSldSMix0C&hl=&source=gbs_api
EBook	FULL_PUBLIC_DOMAIN

註釋"Stretching westward from the Tidewater to the Ohio River and from the far reaches of the Chesapeake Bay southward to the Savannah River, the United States courts in the modern Fourth Circuit trace their origins to the founding of the Republic. Peter Graham Fish in this monumental study traces and evaluates in three periodized parts the development of national courts and law in Maryland, the 'Ancient Commonwealth' of Virginia, North and South Carolina. Each part is keyed to the politics-infused creation of and subsequent changes in the organization of the federal court districts and regional circuits. Using a variety of sources, the author considers the politics of judicial selection, court administration and procedures, the influence of circuit-riding Justices of the Supreme Court and the development of judicial power respecting acts of Congress and the President as well as of the several states. Also probed is the part played by the early federal courts in America's neutrality-based foreign policy and in promoting economic enterprise by affording national forums for credit transactions, for corporations, for patent claimants, for those who suffered losses on the sea including maritime labor, and for real property owners and claimants. Political and social control issues, some of historic significance, reached the courts in the mid-Atlantic South. Professor Fish treats the national security impulses that dominated the seditious libel trial of James Callender, the treason trial of Aaron Burr, and the trials of numerous privateers-pirates for violating the nation's piracy and neutrality laws including the first capital case heard by a regularly constituted circuit court. The author explores judges' invocation of higher law, their embrace of a common law of crimes and their perplexity in construing uncertain language in statutes prohibiting the international slave trade. The story of the district judges in the courts of the mid-Atlantic South appointed by presidents from Washington to Jackson and Circuit Justices who included Chief Justices Jay, Rutledge, Ellsworth and Marshall is the story of strategically located legal institutions. It is also the important story of their judges who sat and lawyers who advocated at the bar of their courts. It is the story of those officers of the federal courts who in good times and in bad times, in war and in peace who labored to forge national law in changing political contexts."--Jacket.