Horace Binney
Encyclopedia
Horace Binney was an American
lawyer
who served as an Anti-Jacksonian in the United States House of Representatives
.
and graduated from Harvard College
in 1797; he then studied law in the office of Jared Ingersoll
(1749–1822), who had been a member of the Constitutional convention
of 1787, and who from 1791 to 1800 and again from 1811 to 1816 was the attorney-general of Pennsylvania.
Binney was admitted to the bar
in Philadelphia in 1800 and practised there with great success for half a century, and was recognized as one of the leaders of the bar in the United States. He served in the Pennsylvania legislature between 1806–1807, and was a Whig
member of the National House of Representatives between 1833–1835 - here he defended the United States Bank
, and opposing the policy of President Andrew Jackson
.
His most famous case, in which he was unsuccessfully opposed by Daniel Webster
, was the case of Vidal v. Girard's Executors, which involved the disposition of the fortune of Stephen Girard
. Binney's argument in this case greatly influenced the interpretation of the law of charities.
Binney made many public addresses, the most noteworthy of which, entitled Life and Character of Chief Justice Marshall, was published in 1835. He also published:
During the American Civil War
he issued three pamphlets (1861, 1862 and 1865), discussing the right of habeas corpus under the American Constitution, and justifying President Lincoln
in his suspension of the writ. He was elected an Associate Fellow of the American Academy of Arts and Sciences
in 1867.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
who served as an Anti-Jacksonian in the United States House of Representatives
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...
.
Biography
Binney was born in Philadelphia, PennsylvaniaPhiladelphia, Pennsylvania
Philadelphia is the largest city in the Commonwealth of Pennsylvania and the county seat of Philadelphia County, with which it is coterminous. The city is located in the Northeastern United States along the Delaware and Schuylkill rivers. It is the fifth-most-populous city in the United States,...
and graduated from Harvard College
Harvard College
Harvard College, in Cambridge, Massachusetts, is one of two schools within Harvard University granting undergraduate degrees...
in 1797; he then studied law in the office of Jared Ingersoll
Jared Ingersoll
Jared Ingersoll was an early American lawyer and statesman from Philadelphia.He was a delegate to the Continental Congress and signed the U.S. Constitution for Pennsylvania...
(1749–1822), who had been a member of the Constitutional convention
Philadelphia Convention
The Constitutional Convention took place from May 14 to September 17, 1787, in Philadelphia, Pennsylvania, to address problems in governing the United States of America, which had been operating under the Articles of Confederation following independence from...
of 1787, and who from 1791 to 1800 and again from 1811 to 1816 was the attorney-general of Pennsylvania.
Binney was admitted to the bar
Bar association
A bar association is a professional body of lawyers. Some bar associations are responsible for the regulation of the legal profession in their jurisdiction; others are professional organizations dedicated to serving their members; in many cases, they are both...
in Philadelphia in 1800 and practised there with great success for half a century, and was recognized as one of the leaders of the bar in the United States. He served in the Pennsylvania legislature between 1806–1807, and was a Whig
Whig Party (United States)
The Whig Party was a political party of the United States during the era of Jacksonian democracy. Considered integral to the Second Party System and operating from the early 1830s to the mid-1850s, the party was formed in opposition to the policies of President Andrew Jackson and his Democratic...
member of the National House of Representatives between 1833–1835 - here he defended the United States Bank
Second Bank of the United States
The Second Bank of the United States was chartered in 1816, five years after the First Bank of the United States lost its own charter. The Second Bank of the United States was initially headquartered in Carpenters' Hall, Philadelphia, the same as the First Bank, and had branches throughout the...
, and opposing the policy of President Andrew Jackson
Andrew Jackson
Andrew Jackson was the seventh President of the United States . Based in frontier Tennessee, Jackson was a politician and army general who defeated the Creek Indians at the Battle of Horseshoe Bend , and the British at the Battle of New Orleans...
.
His most famous case, in which he was unsuccessfully opposed by Daniel Webster
Daniel Webster
Daniel Webster was a leading American statesman and senator from Massachusetts during the period leading up to the Civil War. He first rose to regional prominence through his defense of New England shipping interests...
, was the case of Vidal v. Girard's Executors, which involved the disposition of the fortune of Stephen Girard
Stephen Girard
Stephen Girard was a French-born, naturalized American, philanthropist and banker. He personally saved the U.S. government from financial collapse during the War of 1812, and became one of the wealthiest men in America, estimated to have been the fourth richest American of all time, based on the...
. Binney's argument in this case greatly influenced the interpretation of the law of charities.
Binney made many public addresses, the most noteworthy of which, entitled Life and Character of Chief Justice Marshall, was published in 1835. He also published:
- Leaders of the Old Bar of Philadelphia (1858), and an
- Inquiry into the Formation of Washingtons Farewell Address (1859).
During the American Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
he issued three pamphlets (1861, 1862 and 1865), discussing the right of habeas corpus under the American Constitution, and justifying President Lincoln
Abraham Lincoln
Abraham Lincoln was the 16th President of the United States, serving from March 1861 until his assassination in April 1865. He successfully led his country through a great constitutional, military and moral crisis – the American Civil War – preserving the Union, while ending slavery, and...
in his suspension of the writ. He was elected an Associate Fellow of the American Academy of Arts and Sciences
American Academy of Arts and Sciences
The American Academy of Arts and Sciences is an independent policy research center that conducts multidisciplinary studies of complex and emerging problems. The Academy’s elected members are leaders in the academic disciplines, the arts, business, and public affairs.James Bowdoin, John Adams, and...
in 1867.