Trevett v. Weeden
Encyclopedia
Rhode Island Supreme Court
The Rhode Island Supreme Court, founded in 1747, is the court of last resort in the U.S. State of Rhode Island and Providence Plantations. The Court consists of a chief justice and four associate justices. The current Justices of the Rhode Island Supreme Court are:*Chief Justice Paul A...
decision finding state legislation regarding paper currency was violative of the state constitution. The decision set precedent for Marbury v. Madison
Marbury v. Madison
Marbury v. Madison, is a landmark case in United States law and in the history of law worldwide. It formed the basis for the exercise of judicial review in the United States under Article III of the Constitution. It was also the first time in Western history a court invalidated a law by declaring...
regarding judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
.
History
On September 25-26, 1786, the Superior Court of Judicature of Rhode Island (Rhode Island Supreme CourtRhode Island Supreme Court
The Rhode Island Supreme Court, founded in 1747, is the court of last resort in the U.S. State of Rhode Island and Providence Plantations. The Court consists of a chief justice and four associate justices. The current Justices of the Rhode Island Supreme Court are:*Chief Justice Paul A...
)
heard the case in Newport, Rhode Island
Newport, Rhode Island
Newport is a city on Aquidneck Island in Newport County, Rhode Island, United States, about south of Providence. Known as a New England summer resort and for the famous Newport Mansions, it is the home of Salve Regina University and Naval Station Newport which houses the United States Naval War...
with a decision by David Howell
David Howell (jurist)
David Howell was an American jurist and statesman from Providence, Rhode Island.Born in Morristown, New Jersey, Howell graduated from Princeton University in 1766, and received an A.M. from Brown University in 1769. He was in private practice in Providence, Rhode Island from 1768 to 1779...
. In May 1786, the Rhode Island General Assembly
Rhode Island General Assembly
The State of Rhode Island General Assembly is the state legislature of the U.S. state of Rhode Island. A bicameral body, it is composed of the lower Rhode Island House of Representatives with 75 representatives, and the upper Rhode Island Senate with 38 senators...
passed legislation allowing paper money
Paper Money
Paper Money is the second album by the band Montrose. It was released in 1974 and was the band's last album to feature Sammy Hagar as lead vocalist.-History:...
as legal tender
Legal tender
Legal tender is a medium of payment allowed by law or recognized by a legal system to be valid for meeting a financial obligation. Paper currency is a common form of legal tender in many countries....
, and in June 1786 the Court created penalties for anyone refusing to accept such currency. In August 1786, the Assembly passed further legislation providing that trial of
offenders should take place "without any jury," by a majority of the judges and no appeal was allowed. Both common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
and the Constitution of Rhode Island guaranteed a jury trial
Jury trial
A jury trial is a legal proceeding in which a jury either makes a decision or makes findings of fact which are then applied by a judge...
in contrast to the legislation.
General James M. Varnum, a U.S. Congressman representing the defendant argued that although the American Revolution
American Revolution
The American Revolution was the political upheaval during the last half of the 18th century in which thirteen colonies in North America joined together to break free from the British Empire, combining to become the United States of America...
occurred, the original colonial Constitution was still valid and the assembly derived its powers from this document. Accordingly, the Court retained the power to judge the constitutionality of any legislation under the Constitution. The Court found that the paper currency law was unconstitutional ("not cognizable") because it limited the right to a jury trial for violators.