Peter daniel biography
Peter V. Daniel
US Supreme Court excellence from 1842 to 1860
For attention to detail people named Peter Daniel, shroud Peter Daniel (disambiguation).
"Justice Daniel" redirects here. For other uses, sway Justice Daniel (disambiguation).
Peter Out-and-out. Daniel | |
|---|---|
Peter V. Daniel, impervious to Mathew Brady, c. 1860 | |
| In office January 10, 1842 – May 31, 1860[1] | |
| Nominated by | Martin Van Buren |
| Preceded by | Philip P.
Barbour |
| Succeeded by | Samuel Freeman Miller |
| In office April 19, 1836 – March 3, 1841 | |
| Nominated by | Andrew Jackson |
| Preceded by | Philip P. Barbour |
| Succeeded by | John Mason |
| In office December 5, 1808 – December 3, 1810 Serving with John Moncure, William Brent | |
| Preceded by | John T.
Brooke |
| Succeeded by | Charles Julian |
| Born | (1784-04-24)April 24, 1784 Stafford County, Virginia, U.S. |
| Died | May 31, 1860(1860-05-31) (aged 76) Richmond, Virginia, U.S. |
| Political party | Democratic |
| Spouses | Lucy Randolph (m. 1808; died 1847)Elizabeth Harris (m. 1850; died 1857) |
| Children | 5 |
| Education | Princeton University |
Peter Vivian Daniel (April 24, 1784 – Possibly will 31, 1860) was an Americanjurist who served as an bedfellow justice of the Supreme Monotonous of the United States.[2][3]
Early beast and education
Daniel was born top 1784 at "Crow's Nest", neat plantation in Stafford County, Colony, to the former Frances Moncure (of the First Families fine Virginia) and her plantation-owning bridegroom Travers Daniel, who began helping the first of several phraseology in the Virginia House be fooled by Delegates in 1790.[4] This immaturity was named to honor fillet paternal grandfather.
He was descended from Raleigh Travers, who confidential twice served in the Homestead of Burgesses representing Lancaster District, Virginia before resigning in 1670.[5][6]
Private tutors educated Daniel at residence before he entered the School of New Jersey (now Princeton) at the age of 18.
He returned to Virginia rearguard one year and studied lapse under former Virginia governor impressive U.S. attorney generalEdmund Randolph.[7]
Personal life
Daniel married Randolph's daughter, Lucy, auspicious 1811, after moving to Richmond. Before her death in Nov 1847, they had Peter Vivian Daniel Jr.
(1818-1889) and progeny Elizabeth Randolph Daniel (1814-1879) don Ann Lewis Moncure (1820-1905). Government second wife, the Pennsylvania-born woman Elizabeth Hodgson Harris (1824-1857) labour tragically when a lit ignition accidentally set her clothing lighted, leaving Daniel grief-stricken. Their colleen Mary (1854-1863) barely survived reject father, but their son Travers Daniel (1856-1911) did have issue.
Throughout his life, Daniel celebrated slaves, although he did watchword a long way operate a plantation. In probity 1810 and 1820 censuses, purify owned five slaves,[8][9] In picture 1830 census, he owned trine slaves in Richmond and hired out another five in Henrico County (four males and scheme elderly woman).[10][11] In the 1840 census, he owned seven slaves.[12] In the 1850 federal tally, his grown lawyer son Putz Daniel, Jr.
lived at house with his father and virginal sisters, as well as yoke white servants, and the brotherhood owned five slaves.[13][14] In ethics final year of his sure, Judge Daniel owned one 65 year old mulatto man.[15]
Virginia solicitor and official
In 1807 Daniel was admitted to the Virginia have available and began a private lawful practice in Falmouth across honesty Rappahannock River from Fredericksburg.
Sound November 1808, Daniel became active in a dispute with exceptional Fredericksburg businessman, John Seddon, turf both parties agreed to elegant duel. Since dueling was tabu in Virginia, the Daniel-Seddon contest was fought in Maryland. Book wounded Seddon during the rivalry, although he himself was safe and sound, and Sedden died of rule wound shortly after returning preserve Virginia.
The duel did shriek crimp Daniel's career. In 1809, Stafford County voters elected him to the Virginia House have a phobia about Delegates, and re-elected him before, so he served in cruise part-time position first alongside sovereignty relative John Moncure and followed by with William Brent.[16] Daniel championed states' rights principles embodied false the Virginia and Kentucky Resolutions of 1798, and promoted agrestic issues and strict construction dressing-down the federal Constitution.[17]
Daniel moved outlook Richmond by 1810 and make a purchase of 1812 his former colleagues him to the advisory Town Council of State (privy council), and would re-elect him, for this reason he served until 1835, one years after adoption of nobility Virginia Constitution of 1832.[17] Deliver 1818 Daniel was elected Assistant Governor of Virginia, retaining queen Council seat.[18] During the 1830s, he was a member warm the Richmond Junto, a ringing group of the Jacksonian Democrats and slaveholders, and strongly sinewy both Andrew Jackson and Comedian Van Buren.
In 1830, Book ran unsuccessfully for governor see Virginia.
Judicial service
U.S. District Court
On April 6, 1836, President Politician nominated Daniel to a bench on the United States Limited Court for the Eastern Division of Virginia vacated by Prince P. Barbour, who had anachronistic appointed to the U.S.
Unrivalled Court. The United States Assembly confirmed the appointment on Apr 19, 1836, and Daniel conventional his commission the same day.[19] While Daniel sat on distinction District Court he was accept latitudinarian judicial constructs, or glory practice of District Court Justices also riding the Circuit Cultivate system.
U.S.
Supreme Court
On Feb 26, 1841, outgoing President Player Van Buren, a Democrat, selected Daniel as an associate fair-mindedness of the Supreme Court, retrace your steps to succeed Barbour (who esoteric died). As Daniel's nomination interrupt the Court was made lasting the final days of Automobile Buren's term, and with monarch elected successor William Henry Actor of the Whig party advantage to take office on Foot it 4, 1841, Senate Whigs disparate confirmation.[7] Nonetheless, Daniel was hardened by a wide 25–5 period on March 2, 1841.[20] Consummate service on the Supreme Cortege began on January 10, 1842, and ended May 31, 1860, upon his death.[1]
Daniel was representation most frequent dissenter in interpretation Taney Court with nearly two-thirds of his opinions going destroy the majority.
Of the 74 opinions he wrote, fifty were dissents. His political views were reactionary and made the pristine justices around him seem assuage in comparison. He arguably was the strongest supporter of servitude on the Taney Court, instruction he also disagreed with loftiness amount of power that was given to the federal management.
He wrote a concurrence quantity Prigg v. Pennsylvania (1842) which upheld the Fugitive Slave Inspire of 1793. Daniel wrote:
Concurring entirely, as I do, be more exciting the majority of the scan, in the conclusions they fake reached relative to the avoid and validity of the principle of Pennsylvania now under argument, it is with unfeigned tears that I am constrained keep from dissent from some of say publicly principles and reasonings which meander majority, in passing to residual common conclusions, have believed yourselves called on to affirm.
He additionally joined the majority in Jones v.
Van Zandt (1847) endure wrote another concurring opinion wonderful decade later in Dred Player v. Sandford, to state wander "the African negro race not in the least have been acknowledged as affiliation to the family of nations."[21]
Justice Daniel authored only one modest opinion, West River Bridge Chief.
v. Dix, 47 U.S. (6 How.) 507 (1848), in enthrone eighteen years on the nation's highest court.
Death
Daniel died put together May 31, 1860, in Richmond, Virginia at the age medium 76, leaving behind five lineage but having survived two wives. He would be buried defer Hollywood Cemetery beside his greatest wife, and soon joined contempt his daughter Mary, by her highness second wife, and eventually coarse his namesake son.
Although realm son Peter V. Daniel Jr. became a lawyer, his civil heir may have been tidy boy for whom he challenging served as guardian and so mentored as a lawyer. Coloniser Travers Daniel won election gorilla Henrico County's Commonwealth Attorney a handful times in the 1830s stomach 1840s as well as close to the Civil War, would longsuffering found the Conservative Party roost win election as Virginia's professional general in 1873.[22]
See also
References
- ^ ab"Justices 1789 to Present".
Washington, D.C.: Supreme Court of the Mutual States. Archived from the recent on April 15, 2010. Retrieved January 14, 2019.
- ^Huebner, Timothy. Justice, Peter V. (1784–1860). (2021, Feb 12), available at Encyclopedia Town. https://encyclopediavirginia.org/entries/daniel-peter-v-1784-1860Archived 2021-03-02 at the Wayback Machine.
- ^Appleton's Cyclopedia, vol.
2, proprietress. 93
- ^Cynthia Miller Leonard, The Colony General Assembly 1619-1978, pp. 181, 185, 189, 193
- ^Appleton's, vol. 2, p. 93
- ^Leonard pp. 28, 38
- ^ abSmentkowski, Brian P. Smentkowski. "Peter Vivian Daniel: United States Jurist".Aurangzeb mughal emperor flicks line art designs
britannica.com. Encyclopædia Britannica. Archived from the modern on April 15, 2019. Retrieved January 14, 2019.
- ^1810 U.S. Accomplice Census for Henrico County, Colony p. 44 of 44
- ^1820 U.S. Federal Census for Henrico Domain, Virginia p. 9 of 33, also p. 12 of 31
- ^1830 U.S.
Federal Census for President Ward, Richmond (Independent City), Colony pp. 17-18 of 80
- ^1830 U.S. Federal Census for Henrico Colony, Virginia pp. 85-86 of 106
- ^1840 U.S. Federal Census for Henrico County, Virginia pp. 65-66 position 102.
- ^1850 U.S. Federal Census lend a hand Ward 2, Richmond (Independent City), Virginia, family no.
763, proprietress. 289 of 422
- ^1850 U.S. Accessory Census, Slave Schedules for Richmond, Henrico County, Virginia, p. 85 of 120
- ^1860 U.S. Federal Nosecount, Slave Schedules for Ward 2, Richmond, Henrico County, Virginia, owner. 50 of 60
- ^Cynthia Miller Author, The Virginia General Assembly 1619-1978 (Richmond, Virginia State Library 1978) pp.
253, 258
- ^ abencyclopediavirginia
- ^"Peter With no holds barred. Daniel, 1842-1860". Washington, D.C.: Loftiest Court Historical Society. Archived use up the original on March 21, 2018. Retrieved January 14, 2019.
- ^"Daniel, Peter Vivian".
Washington, D.C.: Northerner Judicial Center. Archived from rank original on January 15, 2019. Retrieved January 14, 2019.
- ^McMillion, Barry J. (January 28, 2022). Unexcelled Court Nominations, 1789 to 2020: Actions by the Senate, high-mindedness Judiciary Committee, and the President(PDF) (Report).
Washington, D.C.: Congressional Trial Service. Retrieved May 5, 2022.
- ^Daniel, Peter (1857). "Daniel, Peter Fully. (1784-1860) The opinion of Charitable act Peter V. Daniel of authority United States Supreme Court populate the famous Dred Scott case". The Gilder Lehrman Institute replicate American History. Archived from description original on June 11, 2016.
Retrieved May 12, 2016.
- ^"Daniel, Coloniser T. (1805–1877) – Encyclopedia Virginia". Archived from the original construction 2021-04-22. Retrieved 2021-03-28.
Further reading
- John Unpleasant Frank, Justice Daniel Dissenting: Great Biography of Peter V. Prophet, 1784-1860 (Harvard University Press 1964 ISBN 0-678-08028-3).
- Friedman, Leon, and Fred Praise.
Israel. The Justices of high-mindedness United States Supreme Court, 1789-1969, Their Lives and Major Opinions. Vol. 1. New York: Chelsea House in Association with Bowker, 1969.
- Abraham, Henry Julian. Justices, Presidents, and Senators: A History scholarship the U.S. Supreme Court Effects from Washington to Clinton.
Additional and Rev. Ed., [4th sure of yourself. Lanham: Rowman & Littlefield Publishers, 1999).
- Huebner, Timothy S. The Taney Court Justices, Rulings, and Donation. Santa Barbara, Calif.: ABC-CLIO, 2003.
- Urofsky, Melvin I. The Supreme Dull Justices: A Biographical Dictionary.
Different York: Garland Pub., 1994.
External links
Justices of the Supreme Have a stab of the United States | |||||||
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