West v. Barnes
Encyclopedia
West v. Barnes, 2 U.S. 401
(1791), was the first United States Supreme Court
decision and the earliest case calling for oral argument
. Van Staphorst v. Maryland
(1791) was docketed prior to West v. Barnes but settled before the Court heard the case: West was argued on August 2, 1791 and decided on August 3, 1791. Collet v. Collet
(1791) was the first appellate case docketed with the Court but was dropped before it could be heard.
The Court ultimately decided the case on procedural grounds, holding that a writ of error (appeal) must be issued within ten days by the Clerk of the Supreme Court of the United States
as required by Federal statute, and not by a lower court located closer to the plaintiff in Rhode Island. As a result of this case, Congress ultimately changed this procedure with the ninth section of the Judicial Act of 1792 allowing circuit courts to issue these writs, thereby assisting citizens living far away from the capitol.
where the Court had the opportunity to overturn a Rhode Island
state statute regarding lodging payment of a debt in paper currency in fulfillment of a contract. The court did not exercise judicial review in deference to the legislature. The court ultimately decided against William West, the petitioner, on procedural grounds.
William West was a farmer, revolutionary war militia general, anti-federalist leader, and judge from Scituate, Rhode Island
. West owed a mortgage
on his farm from a failed molasses
deal in 1763 to the Jenckes family from Providence
. West made payments on the mortgage for twenty years, and in 1785 asked the state for permission to conduct a lottery
to help pay off the remainder. Due to his service during the Revolution, the state granted him permission. Much of the proceeds were paid in paper currency instead of gold or silver. West tendered payment in the paper currency as allowed by state statute by "lodging" the funds with a state judge to be collected within ten days.
David Leonard Barnes
, an heir of Jenckes and well-known attorney and later federal judge, eventually brought suit in federal court based on diversity jurisdiction
asserting that gold or silver payment was required and refusing the paper currency. Despite lack of formal training, West represented himself pro se in the circuit court in June of 1791 before Chief Justice John Jay
, Associate Justice William Cushing
, and Henry Marchant
. They rejected his arguments. West then attempted to appeal to the Supreme Court on a writ of error, attempting to comply with all statutory directions. West was unable to make the journey to Philadelphia to represent himself, so he engaged William Bradford, Jr.
, Pennsylvania's attorney general, to represent him. On appeal, Barnes focused on the procedural irregularities. Barnes asserted that the writ had been signed and sealed only by the clerk of the circuit court in Rhode Island instead of by the Supreme Court clerk, which he claimed as necessary. This was asserted despite the fact that West would have had to make an arduous journey in 1791 to Philadelphia within ten days to do so. West lost on this procedural issue and was eventually forced to relinquish his farm.
precedent from state courts and pre-Revolution English case law including Coke
and Blackstone's treatises. Several of the justices expressed their reservations about the federal statute and suggested alternatives for filing within the ten-day statutory period, but nevertheless each justice refused to expand the meaning of the statute believing that only Congress had the power to do so. In summation the Dallas
reporter quoted John Jay and summed up the case holding as follows:
West, Plaintiff in error, v. Barnes et al.
was upset by the governing statute and wrote to President Washington to change the law which had required that only the clerk of the Supreme Court could issue writs of error. The Judicial Act of 1792 altered the law to prevent such hardships for future litigants.
Several months after the decision, on November 9, 1791, Barnes brought another suit of ejectment to eject West from the mortgaged farm. He filed suit in the Circuit Court for Rhode Island
. Justice Jay, Justice Cushing and Henry Marchant held the plea bad for a second time. They decided that William West lodged payment of his debt with a Rhode Island judge on September 16, and, therefore, Barnes had ten days to collect it according to the state statute. The Rhode Island "lodging" Act was, however, suspended on the 19th of that month therefore the ten-day period was not able to fully occur as only three days had passed and was thus not conformable to the statute. Barnes eventually won the ejectment
case although he had difficulty ejecting West's family from the farm as West had sold the farm to a son-in-law. West's estate continued to be disputed after his death resulting in the First Circuit decision, West v. Randall
in 1820.
According to Cotter v. Alabama, "[p]rior to 1791 it was the practice that a writ of error could only issue from the office of the clerk of the supreme court. In Mussina v. Cavazos, ([73, US 355], 6 Wall. 355), it is stated that a decision to that effect in West v. Barnes... led to the enactment of the ninth section of the act of 1792, being section 1004 of the Revised Statutes..." (Cotter v. Alabama G. S. R. Co., 61 F. 747, 748 (6th Cir. 1894))
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1791), was the first United States Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
decision and the earliest case calling for oral argument
Oral argument
Oral arguments are spoken presentations to a judge or appellate court by a lawyer of the legal reasons why they should prevail. Oral argument at the appellate level accompanies written briefs, which also advance the argument of each party in the legal dispute...
. Van Staphorst v. Maryland
Van Staphorst v. Maryland
Van Staphorst v. Maryland was the first case docketed with the United States Supreme Court. Although the court agreed to hear and decide the case, the suit was settled before oral arguments. Collet v. Collet was the first appellate case docketed with the court. West v...
(1791) was docketed prior to West v. Barnes but settled before the Court heard the case: West was argued on August 2, 1791 and decided on August 3, 1791. Collet v. Collet
Collet v. Collet
Collet v. Collet, 2 U.S. 294 , was a Supreme Court of the United States decision that was the earliest appellate case docketed although it was never heard by the Court. Van Staphorst v. Maryland was the first case docketed with the court. West v...
(1791) was the first appellate case docketed with the Court but was dropped before it could be heard.
The Court ultimately decided the case on procedural grounds, holding that a writ of error (appeal) must be issued within ten days by the Clerk of the Supreme Court of the United States
Clerk of the Supreme Court of the United States
The Clerk of the Supreme Court of the United States is the officer of the Supreme Court of the United States responsible for overseeing filings with the Court and maintaining its records. The current Clerk is William Suter, who has served since 1991.-History:...
as required by Federal statute, and not by a lower court located closer to the plaintiff in Rhode Island. As a result of this case, Congress ultimately changed this procedure with the ninth section of the Judicial Act of 1792 allowing circuit courts to issue these writs, thereby assisting citizens living far away from the capitol.
Background
This was one of the earliest potential cases of judicial review in the United StatesJudicial review in the United States
Judicial review in the United States refers to the power of a court to review the constitutionality of a statute or treaty, or to review an administrative regulation for consistency with either a statute, a treaty, or the Constitution itself....
where the Court had the opportunity to overturn a Rhode Island
Rhode Island
The state of Rhode Island and Providence Plantations, more commonly referred to as Rhode Island , is a state in the New England region of the United States. It is the smallest U.S. state by area...
state statute regarding lodging payment of a debt in paper currency in fulfillment of a contract. The court did not exercise judicial review in deference to the legislature. The court ultimately decided against William West, the petitioner, on procedural grounds.
William West was a farmer, revolutionary war militia general, anti-federalist leader, and judge from Scituate, Rhode Island
Scituate, Rhode Island
Scituate is a town in Providence County, Rhode Island, United States. The population was 10,329 at the 2010 census.-History:Scituate was first settled in 1710 by emigrants from Scituate, Massachusetts...
. West owed a mortgage
Mortgage loan
A mortgage loan is a loan secured by real property through the use of a mortgage note which evidences the existence of the loan and the encumbrance of that realty through the granting of a mortgage which secures the loan...
on his farm from a failed molasses
Molasses
Molasses is a viscous by-product of the processing of sugar cane, grapes or sugar beets into sugar. The word molasses comes from the Portuguese word melaço, which ultimately comes from mel, the Latin word for "honey". The quality of molasses depends on the maturity of the sugar cane or sugar beet,...
deal in 1763 to the Jenckes family from Providence
Providence, Rhode Island
Providence is the capital and most populous city of Rhode Island and was one of the first cities established in the United States. Located in Providence County, it is the third largest city in the New England region...
. West made payments on the mortgage for twenty years, and in 1785 asked the state for permission to conduct a lottery
Lottery
A lottery is a form of gambling which involves the drawing of lots for a prize.Lottery is outlawed by some governments, while others endorse it to the extent of organizing a national or state lottery. It is common to find some degree of regulation of lottery by governments...
to help pay off the remainder. Due to his service during the Revolution, the state granted him permission. Much of the proceeds were paid in paper currency instead of gold or silver. West tendered payment in the paper currency as allowed by state statute by "lodging" the funds with a state judge to be collected within ten days.
David Leonard Barnes
David Leonard Barnes
David Leonard Barnes was a United States District Court for the District of Rhode Island judge and a party in the first U.S. Supreme Court decision, West v. Barnes ....
, an heir of Jenckes and well-known attorney and later federal judge, eventually brought suit in federal court based on diversity jurisdiction
Diversity jurisdiction
In the law of the United States, diversity jurisdiction is a form of subject-matter jurisdiction in civil procedure in which a United States district court has the power to hear a civil case where the persons that are parties are "diverse" in citizenship, which generally indicates that they are...
asserting that gold or silver payment was required and refusing the paper currency. Despite lack of formal training, West represented himself pro se in the circuit court in June of 1791 before Chief Justice John Jay
John Jay
John Jay was an American politician, statesman, revolutionary, diplomat, a Founding Father of the United States, and the first Chief Justice of the United States ....
, Associate Justice William Cushing
William Cushing
William Cushing was an early Associate Justice of the United States Supreme Court, from its inception to his death. He was the longest-serving of the Court's original members, sitting on the bench for 21 years...
, and Henry Marchant
Henry Marchant
Henry Marchant was American lawyer from Newport, Rhode Island and United States federal judge. He was a delegate to the Continental Congress from 1777 to 1779, and was a signer of the Articles of Confederation for Rhode Island.-Life of service:Born in Martha's Vineyard, Massachusetts, Marchant...
. They rejected his arguments. West then attempted to appeal to the Supreme Court on a writ of error, attempting to comply with all statutory directions. West was unable to make the journey to Philadelphia to represent himself, so he engaged William Bradford, Jr.
William Bradford (1755-1795)
William Bradford was a lawyer and judge from Philadelphia, Pennsylvania, and the second United States Attorney General in 1794-1795.He was the son of the printer William Bradford and was born in Philadelphia...
, Pennsylvania's attorney general, to represent him. On appeal, Barnes focused on the procedural irregularities. Barnes asserted that the writ had been signed and sealed only by the clerk of the circuit court in Rhode Island instead of by the Supreme Court clerk, which he claimed as necessary. This was asserted despite the fact that West would have had to make an arduous journey in 1791 to Philadelphia within ten days to do so. West lost on this procedural issue and was eventually forced to relinquish his farm.
Opinion
The court's opinion was extensively covered by period newspapers as no official court reporter was yet published in 1791, and the seriatim opinions were republished in the newspapers. Each of the five justices issued a seriatim opinion regarding the writ of error, and the justices unsuccessfully looked to common lawCommon law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
precedent from state courts and pre-Revolution English case law including Coke
Edward Coke
Sir Edward Coke SL PC was an English barrister, judge and politician considered to be the greatest jurist of the Elizabethan and Jacobean eras. Born into a middle class family, Coke was educated at Trinity College, Cambridge before leaving to study at the Inner Temple, where he was called to the...
and Blackstone's treatises. Several of the justices expressed their reservations about the federal statute and suggested alternatives for filing within the ten-day statutory period, but nevertheless each justice refused to expand the meaning of the statute believing that only Congress had the power to do so. In summation the Dallas
Alexander J. Dallas (statesman)
Alexander James Dallas was an American statesman who served as the U.S. Treasury Secretary under President James Madison....
reporter quoted John Jay and summed up the case holding as follows:
West, Plaintiff in error, v. Barnes et al.
On the first day of the term, BradfordWilliam Bradford (1755-1795)William Bradford was a lawyer and judge from Philadelphia, Pennsylvania, and the second United States Attorney General in 1794-1795.He was the son of the printer William Bradford and was born in Philadelphia...
presented to the court, a writWritIn common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court...
, purporting to be a writ of error, issued out of the office of the clerk of the circuit court for Rhode Island district, directed to that court, and commanding a return of the judgment and proceedings rendered by them in this cause: And thereupon he moved for a rule, that the defendant rejoin to the errors assigned in this cause.
BarnesDavid Leonard BarnesDavid Leonard Barnes was a United States District Court for the District of Rhode Island judge and a party in the first U.S. Supreme Court decision, West v. Barnes ....
, one of the defendants, (a counsellor of the court) objected to the validity of the writ, that it had issued out of the wrong office: and, after argument,
THE COURT were unanimously of opinion, That writs of error to remove causes to this court from inferior courts, can regularly issue only from the clerk's office of the court.
Motion refused.
Aftermath
Justice James IredellJames Iredell
James Iredell was one of the first Justices of the Supreme Court of the United States. He was appointed by President George Washington and served from 1790 until his death in 1799...
was upset by the governing statute and wrote to President Washington to change the law which had required that only the clerk of the Supreme Court could issue writs of error. The Judicial Act of 1792 altered the law to prevent such hardships for future litigants.
Several months after the decision, on November 9, 1791, Barnes brought another suit of ejectment to eject West from the mortgaged farm. He filed suit in the Circuit Court for Rhode Island
United States District Court for the District of Rhode Island
The United States District Court for the District of Rhode Island is the Federal district court whose jurisdiction is the state of Rhode Island. The District Court was created in 1790 when Rhode Island ratified the Constitution...
. Justice Jay, Justice Cushing and Henry Marchant held the plea bad for a second time. They decided that William West lodged payment of his debt with a Rhode Island judge on September 16, and, therefore, Barnes had ten days to collect it according to the state statute. The Rhode Island "lodging" Act was, however, suspended on the 19th of that month therefore the ten-day period was not able to fully occur as only three days had passed and was thus not conformable to the statute. Barnes eventually won the ejectment
Ejectment
Ejectment is the common law term for civil action to recover the possession of and title to land. It replaced the old real actions as well as the various possessory assizes...
case although he had difficulty ejecting West's family from the farm as West had sold the farm to a son-in-law. West's estate continued to be disputed after his death resulting in the First Circuit decision, West v. Randall
West v. Randall
West v. Randall West v. Randall West v. Randall (29 F. Cas. 718 (R.I. 1820) is one of the earliest class action lawsuit related cases in early United States federal case law. The decision was written by Justice Joseph Story while serving on the United States Court of Appeals for the First...
in 1820.
According to Cotter v. Alabama, "[p]rior to 1791 it was the practice that a writ of error could only issue from the office of the clerk of the supreme court. In Mussina v. Cavazos, ([73, US 355], 6 Wall. 355), it is stated that a decision to that effect in West v. Barnes... led to the enactment of the ninth section of the act of 1792, being section 1004 of the Revised Statutes..." (Cotter v. Alabama G. S. R. Co., 61 F. 747, 748 (6th Cir. 1894))