Gabriel Duvall
Encyclopedia
Gabriel Duvall was an American
politician and jurist.
, Duvall read law to enter the Bar in 1778. He married Florence (Ellen) Adams Washburne (1754-1853), the daughter of General Henry Gilman Washburne and Florence Adams Washburne, on 1778. He was a clerk for the Maryland Council of Safety from 1775 to 1777, and for the Maryland House of Delegates
from 1777 to 1781. He participated in the American Revolutionary War
, first as a Mustermaster and commissary of stores in 1776, then as a private in the Maryland militia, where he fought in the battles of Brandywine and Morristown. He was a Commissioner to preserve confiscated British property from 1781 to 1782, then a member, Maryland Governor's Council from 1782 to 1785. He was elected to the Maryland House of Delegates, serving there from 1787 to 1794. He served one term as a U.S. Representative
from the second district of Maryland
, from November 11, 1794, to March 28, 1796. He was then Chief Justice of the Maryland General Court from 1796 to 1802, and was the first U.S. Comptroller of the Treasury
from 1802 to 1811.
On November 15, 1811, Duvall was nominated by President James Madison
to an Associate Justice seat on the Supreme Court of the United States vacated by fellow Marylander Samuel Chase
. Duvall was confirmed by the United States Senate
on November 18, 1811, and received his commission the same day.
In the twenty-three years he sat on the Supreme Court, Duvall penned an opinion in only seventeen cases. For all of Duvall’s tenure, John Marshall
presided as Chief Justice. In only two cases, does the record show the two men holding different opinions. In Trustees of Dartmouth College v. Woodward, Duvall offered only a brief note calling attention to French law on the irrevocability of royal charters. In Mima Queen v. Hepburn, Duvall would have authorized the Circuit Court for the District of Columbia to accept hearsay evidence proving the emancipation of a slave by her owner, but the rest of the Court, per the Chief Justice, decided against it. He served until January 12, 1835, when he resigned due to old age.
. Justice Duvall's home, Marietta House Museum
, is open to the public and is operated as an historic house museum by M-NCPPC.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
politician and jurist.
Career
Born in Prince George's County, MarylandPrince George's County, Maryland
Prince George's County is a county located in the U.S. state of Maryland, immediately north, east, and south of Washington, DC. As of 2010, it has a population of 863,420 and is the wealthiest African-American majority county in the nation....
, Duvall read law to enter the Bar in 1778. He married Florence (Ellen) Adams Washburne (1754-1853), the daughter of General Henry Gilman Washburne and Florence Adams Washburne, on 1778. He was a clerk for the Maryland Council of Safety from 1775 to 1777, and for the Maryland House of Delegates
Maryland House of Delegates
The Maryland House of Delegates is the lower house of the General Assembly, the state legislature of the U.S. state of Maryland, and is composed of 141 Delegates elected from 47 districts. The House chamber is located in the state capitol building on State Circle in Annapolis...
from 1777 to 1781. He participated in the American Revolutionary War
American Revolutionary War
The American Revolutionary War , the American War of Independence, or simply the Revolutionary War, began as a war between the Kingdom of Great Britain and thirteen British colonies in North America, and ended in a global war between several European great powers.The war was the result of the...
, first as a Mustermaster and commissary of stores in 1776, then as a private in the Maryland militia, where he fought in the battles of Brandywine and Morristown. He was a Commissioner to preserve confiscated British property from 1781 to 1782, then a member, Maryland Governor's Council from 1782 to 1785. He was elected to the Maryland House of Delegates, serving there from 1787 to 1794. He served one term as a U.S. Representative
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
from the second district of Maryland
Maryland
Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...
, from November 11, 1794, to March 28, 1796. He was then Chief Justice of the Maryland General Court from 1796 to 1802, and was the first U.S. Comptroller of the Treasury
Comptroller of the Treasury
The Comptroller of the Treasury was an official of the United States Department of the Treasury from 1789 to 1817. According to section III of the Act of Congress establishing the Treasury Department, it is the comptroller's duty to...
from 1802 to 1811.
On November 15, 1811, Duvall was nominated by President James Madison
James Madison
James Madison, Jr. was an American statesman and political theorist. He was the fourth President of the United States and is hailed as the “Father of the Constitution” for being the primary author of the United States Constitution and at first an opponent of, and then a key author of the United...
to an Associate Justice seat on the Supreme Court of the United States vacated by fellow Marylander Samuel Chase
Samuel Chase
Samuel Chase was an Associate Justice of the United States Supreme Court and earlier was a signatory to the United States Declaration of Independence as a representative of Maryland. Early in life, Chase was a "firebrand" states-righter and revolutionary...
. Duvall was confirmed by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
on November 18, 1811, and received his commission the same day.
In the twenty-three years he sat on the Supreme Court, Duvall penned an opinion in only seventeen cases. For all of Duvall’s tenure, John Marshall
John Marshall
John Marshall was the Chief Justice of the United States whose court opinions helped lay the basis for American constitutional law and made the Supreme Court of the United States a coequal branch of government along with the legislative and executive branches...
presided as Chief Justice. In only two cases, does the record show the two men holding different opinions. In Trustees of Dartmouth College v. Woodward, Duvall offered only a brief note calling attention to French law on the irrevocability of royal charters. In Mima Queen v. Hepburn, Duvall would have authorized the Circuit Court for the District of Columbia to accept hearsay evidence proving the emancipation of a slave by her owner, but the rest of the Court, per the Chief Justice, decided against it. He served until January 12, 1835, when he resigned due to old age.
Death and legacy
Duvall lived for nine years after he retired, and died in Prince George's County, MarylandPrince George's County, Maryland
Prince George's County is a county located in the U.S. state of Maryland, immediately north, east, and south of Washington, DC. As of 2010, it has a population of 863,420 and is the wealthiest African-American majority county in the nation....
. Justice Duvall's home, Marietta House Museum
Marietta House Museum
Marietta, is a historic home located in Glenn Dale, Prince George's County, Maryland.-History:Marietta is a -story brick Federal house, begun c. 1812, in a traditional I-house plan. It is an important example of a late Federal style brick house. The main block is five bays by two, and entrance is...
, is open to the public and is operated as an historic house museum by M-NCPPC.
See also
- List of Justices of the Supreme Court of the United States
- List of United States Chief Justices by time in office
- List of United States Supreme Court Justices by time in office
- United States Supreme Court cases during the Marshall Court
Further reading
- Flanders, Henry. http://books.google.com/books?id=eEQEAAAAYAAJ&printsec=frontcover&dq=Flanders,+Henry.+The+Lives+and+Times+of+the+Chief+Justices+of+the+United+States+Supreme+Court&source=bl&ots=TlVq46f3l1&sig=xFW-bezy_iOIcXW3X8l-bbzddk8&hl=en&ei=kh1TS5atOIzkNc3DuYkJ&sa=X&oi=book_result&ct=result&resnum=1&ved=0CAcQ6AEwAA#v=onepage&q=&f=falseThe Lives and Times of the Chief Justices of the United States Supreme Court]. Philadelphia: J. B. Lippincott & Co., 1874 at Google Books.
- White, G. Edward. The Marshall Court & Cultural Change, 1815-35. Published in an abridged edition, 1991.
External links
- Marietta House Museum, Duvall's plantation
- Biography from OYEZ project
- The Most Insignificant Justice: A Preliminary Inquiry by David P. CurrieDavid P. CurrieDavid P. Currie was the Edward H. Levi Distinguished Professor of Law at the University of Chicago, noted for his histories of the Constitution in Congress and the Supreme Court, his casebooks on federal courts and conflict of laws, and his award-winning teaching at the Law School. He was the son...