Philip P. Barbour facts for kids

Quick facts for kids Philip P. Barbour
Associate Justice of the Supreme Court of the United States
In office May 12, 1836 – February 25, 1841
Nominated by	Andrew Jackson
Preceded by	Gabriel Duvall
Succeeded by	Peter V. Daniel
Judge of the United States District Court for the Eastern District of Virginia
In office October 8, 1830 – March 17, 1836
Nominated by	Andrew Jackson
Preceded by	George Hay
Succeeded by	Peter Daniel
Chairman of the House Judiciary Committee
In office 1827–1829
Preceded by	Daniel Webster
Succeeded by	James Buchanan
10th Speaker of the United States House of Representatives
In office December 4, 1821 – March 4, 1823
Preceded by	John Taylor
Succeeded by	Henry Clay
Member of the U.S. House of Representatives from Virginia's 11th district
In office March 4, 1827 – October 15, 1830
Preceded by	Robert Taylor
Succeeded by	John Patton
In office September 19, 1814 – March 4, 1825
Preceded by	John Dawson
Succeeded by	Robert Taylor
Personal details
Born	(1783-05-25)May 25, 1783 Gordonsville, Virginia, U.S.
Died	February 25, 1841(1841-02-25) (aged 57) Washington, D.C., U.S.
Political party	Democratic-Republican (Before 1825) Democratic (1828–1841)
Other political affiliations	Jacksonian
Education	College of William and Mary
Signature

Philip Pendleton Barbour (May 25, 1783 – February 25, 1841) was an important American politician and judge. He served as the tenth Speaker of the United States House of Representatives. Later, he became an Associate Justice of the Supreme Court of the United States. He is the only person ever to hold both of these high-level positions.

Barbour was born in Gordonsville, Virginia. He became a lawyer after studying at the College of William & Mary. Many people in his family, including his brother James Barbour, also held important political jobs. Philip Barbour was elected to the House of Representatives in 1814. He was a member of the Democratic-Republican Party.

He was Speaker of the House from 1821 to 1823. He decided not to run for Congress again in 1824. Barbour returned to Congress in 1827. This time, he was a supporter of Andrew Jackson.

Barbour stayed in Congress until 1830. Then, he became a judge for the United States District Court for the Eastern District of Virginia. In 1835, President Jackson chose Barbour for the Supreme Court. He filled a spot left by Justice Gabriel Duvall. Barbour served on the Court until he passed away in 1841. On the Court, he generally supported Jackson's ideas and the idea of states' rights.

Early Life and Family History

Philip Barbour was born near Gordonsville, Virginia. His father, Thomas Barbour, was a planter and a legislator. The Barbour family was one of the First Families of Virginia. They were descended from a Scottish merchant.

Like his brother James Barbour, Philip went to local schools. He then began to study law with a judge named St. George Tucker. However, he had to stop his studies in 1799 because of money problems.

He moved to Kentucky for a year to practice law. Then, friends convinced him to return to Virginia. He continued his studies at the College of William & Mary. In 1802, he started practicing law near his family home in Gordonsville.

In 1804, Barbour married Frances Johnson. She was the daughter of a local planter. They had one son named Sextus Barbour. Like many wealthy people of his time, Barbour owned enslaved people.

Political Career and Early Judicial Roles

Barbour practiced law for eight years. Then, he began his public service. He was a member of the Virginia House of Delegates from 1812 to 1814. When U.S. Representative John Dawson died, Barbour won a special election.

He served in the U.S. House of Representatives from 1814 to 1825. He was a Jeffersonian Republican. He became Speaker from 1821 to 1823. During this time, many politicians were changing their views. They started supporting more national policies. Philip Barbour, however, remained a strong supporter of "Old Republican" ideas. These ideas focused on states' rights and a strict reading of the Constitution.

First Time in Congress

Barbour became known for his conservative views on the Constitution. He opposed the Bonus Bill of 1817. This bill would have used federal money for projects like building roads. Barbour believed that the federal government did not have the power to fund such projects. He thought it would weaken the power of the states.

Barbour believed states were independent. He argued they could even leave the Union if the federal government overstepped its bounds. He used this argument when discussing Missouri becoming a state. He opposed restrictions on Missouri joining as a slave state. He also supported Missouri's ban on free Black Americans entering the state. He argued that the term "citizen" did not apply to Black Americans. Barbour was also one of the first politicians to openly question the constitutionality of protective tariffs.

Cohens v. Virginia Case

In the 1821 case Cohens v. Virginia, Barbour represented Virginia. He argued that the Supreme Court should not hear the case. Two men from Baltimore were convicted for selling lottery tickets in Virginia. Barbour argued that this was a local issue. He also said that the Eleventh Amendment prevented lawsuits against a state without its permission.

However, Chief Justice Marshall ruled that the Court did have power to hear the case. This was based on the Supremacy Clause of the Constitution. This case helped Barbour's reputation as an "Old Republican" leader. It showed his dedication to states' rights.

Jacksonian Democratic-Republican Party

Andrew Jackson became president in 1828. This led to a split in the Old Republican Party. Some became Jacksonian Democratic Republicans. Others became National Republicans. Jackson formed the Democratic Party. It was based on Old Republican ideas. These included opposing a national bank.

During his time as president, Jackson worked to dismantle the Second Bank of the United States. He also supported individual liberty, states' rights, and slavery.

State Judge and Second Time in Congress

Barbour chose not to run for re-election in 1824. He also turned down an offer from Thomas Jefferson to teach law at the University of Virginia. Instead, in 1825, the Virginia legislature elected him as a judge. He served on the General Court of Virginia for two years.

In 1827, Barbour returned to the House of Representatives. He was now a Jacksonian. For his first two years back, he led the Judiciary Committee.

In 1829, Barbour joined other Jacksonian Democrats. He opposed the National Bank. He argued that the Second Bank of the United States was a private business. He said it only pretended to be a government institution. His efforts against the Bank didn't succeed at that time. But his support for states' rights and ending the National Bank gained him favor with President Andrew Jackson.

Also in 1829, Barbour became a delegate for the Virginia Constitutional Convention of 1829-1830. He was elected its second president. The first president, James Monroe, had to leave due to poor health. Barbour helped limit discussions about slavery. He focused debates on representation and voting rights. The new constitution was adopted in 1830.

Federal Judge and 1832 Election

Barbour turned down other job offers. These included a chancellorship and U.S. Attorney General. Finally, he resigned from Congress in 1830. He accepted President Jackson's appointment as a judge. He became a judge for the United States District Court for the Eastern District of Virginia. He served in this role until March 17, 1836.

In the 1832 election, some Democrats were unhappy. They didn't like Martin Van Buren as the vice-presidential choice. They nominated Jackson for president and Barbour for vice president. Barbour eventually withdrew his name. He supported the Jackson-Van Buren ticket. However, his name still appeared on ballots in some Southern states.

Barbour also refused nominations for other high positions. These included judge of the court of appeals, Governor, and United States Senator.

Barbour's decision to join the Jacksonian Democratic Party was important. It helped bring "Old Republican" ideas into this new political group. This helped strengthen the Democratic Party.

United States Supreme Court

Becoming a Justice

In 1835, Chief Justice Marshall died. Also, Justice Gabriel Duvall resigned. This created two open spots on the Supreme Court. President Jackson nominated Judge Barbour to fill Duvall's vacancy. Some people worried about Jackson appointing Barbour. They feared Barbour would try to weaken the federal government's power. This made the approval process difficult.

On March 15, 1836, the Senate approved Barbour's appointment. The vote was 30-11.

Time on the Court

Barbour served on the Supreme Court for five years. He heard 155 cases. He wrote one main opinion and two dissenting opinions. His strong belief in states' rights and limited federal power shaped the Taney Court.

During his first term (1837), he heard three important cases. These cases reduced some of the federal power gained under the Marshall Court. They were Briscoe v. Bank of the Commonwealth of Kentucky, Charles River Bridge v. Warren Bridge, and New York v. Miln.

Justice Barbour wrote the main opinion in New York v. Miln. In 1824, New York passed a law. It required ship captains to report information about their passengers. This was to prevent smuggling and stop poor immigrants from becoming a burden on the state. A ship captain named Miln refused to follow the law. He was jailed and fined. The case went to the Supreme Court. The question was whether the law violated the Commerce Clause of the Constitution.

Barbour ruled that the New York law was valid. He said it was an exercise of the state's power to "regulate their internal police." He argued that people were not "the subject of commerce." Therefore, the state had the right to protect its community's health and welfare. He stated that a state's authority over its people and territory is "complete, unqualified, and exclusive."

Barbour's ruling in Miln helped him develop a states' rights view for the Supreme Court. It limited federal power over commerce. It also expanded the state's power to police its own affairs. Barbour voted with the majority in Briscoe and Charles River Bridge. These decisions also gave more power to the states.

Barbour did not serve long enough to write many opinions. However, he wrote dissents in Kendall v. United States ex rel. Stokes (1838) and Holmes v. Jennison (1840). These dissents aimed to reduce federal authority. They supported Jackson's political goals and states' rights.

Kendall was about whether courts could supervise executive actions. In 1835, President Jackson appointed Amos Kendall as Postmaster General. A company, Stockton and Stokes, demanded payment from Kendall. Kendall refused, favoring other creditors of the U.S. Postal Service.

The Court ruled that it could order the Postmaster General to perform his duties. This was similar to the Marbury v. Madison (1803) case. That case also involved court orders to an executive officer. It established the Court's power of judicial review.

Justices Taney and Catron agreed with Barbour's dissent. They believed courts should not control executive actions. Barbour argued that Congress could regulate executive officials. However, he believed the President was not controlled by federal courts. Barbour's opinion in Kendall showed his loyalty to President Jackson's ideas.

Barbour made his strongest argument for states' rights in Holmes v. Jennison (1840). This case was about sending a fugitive from Vermont to Canada. In 1838, George Holmes was accused of murder in Canada. He escaped to Vermont. The governor of Vermont, Silas H. Jennison, ordered Holmes arrested. He wanted Holmes returned to Canada. This happened even though the U.S. had no extradition treaty with Canada.

Holmes asked the Supreme Court for help. He argued he was unlawfully imprisoned. The case caused a big debate on the Court. It divided justices between those supporting federal power and those supporting states' rights. Chief Justice Taney believed the Court had power to hear the case. He thought the federal government had sole power over foreign relations. He believed the governor had violated the Extradition Clause of the Constitution.

However, the Court was split 4-4 on the issue of its power to hear the case. So, the petition was dismissed. The Vermont Supreme Court then ordered Holmes released. Barbour was one of the four justices who disagreed with the Chief Justice. Barbour believed that since there was no treaty, the governor's action was not against federal power. He thought the Constitution did not explicitly define how states should deal with foreign countries. Therefore, Governor Jennison was within his rights.

Barbour's opinion in Holmes matched his view in New York v. Miln. He believed states had a duty to protect their people. Holmes v. Jennison showed Barbour's strict reading of the Constitution. This allowed him to support a strong states' rights view.

Death and Lasting Impact

Barbour's gravesite

Philip Barbour died on February 25, 1841. He passed away in his sleep from a coronary thrombosis (a type of heart attack). This happened while arguments were being made in the famous Amistad Case. Justice Joseph Story spoke highly of Barbour. He said Barbour earned respect for his commitment to his values and his legal skills.

Records show that Barbour owned fifty-four enslaved people in 1840.

Barbour was an Episcopalian his whole life. He was buried in the Congressional Cemetery in Washington, D.C.. His friend and fellow Virginian, Peter V. Daniel, took his place on the Supreme Court. Daniel continued Barbour's support for Jacksonian ideas, states' rights, and a strict reading of the Constitution.

Places named after him include Barbour County, West Virginia, Philippi, West Virginia, and Philip Barbour High School.

Barbour's time on the Court showed his loyalty to President Jackson's vision. He applied a narrow view of states' rights to the Constitution. His decisions helped create a lasting Jacksonian influence on the Taney Court. For example, his dissent in Kendall supported Jackson's idea that the executive branch could interpret the Constitution. His opinion in New York v. Miln supported states' police power. His strict reading of the Constitution in Holmes helped separate state and federal power.

Barbour's opinions started to undo some of the work of the Marshall Court. They set a pattern for future cases as the country became more divided. Barbour's arguments about the President's power in Kendall and states' police power in Cohens v. Virginia were later used. For example, they were used by Chief Justice Taney in Dred Scott v. Sanford (1857). In that case, Taney ruled that enslaved people were not citizens. Interestingly, President Abraham Lincoln also used similar ideas to suspend habeas corpus in 1861.

See Also

• Virginia Constitutional Convention of 1829-1830
• List of justices of the Supreme Court of the United States