Martin v. Hunter’s Lessee

( 1816 ) Commentary by Thomas H. Cox, Sam Houston State University

Questions for Further Study

1. Given the snall size of the Fairfax estates, why did neither David Hunter nor Thomas Martin seek an out-of-court resolution? Why did both men fight so hard to win title over a relatively meager 788 acres of land when America enjoyed a booming frontier?
2. Why did Spencer Roane wait until relatively late in the judicial proceedings to declare a U.S. Supreme Court decision unconstitutional? Why not simply refuse to allow the Supreme Court the ability to review the case in the first place?
3. Why did the Virginia Court of Appeals attempt to turn a matter involving land claims into a wider dispute over the right of federal courts to hear state cases?
4. In contrast, why did the Supreme Court decline to issue a writ of mandamus to force the Virginia court to appeal with its initial decision in 1813?

Joseph Story (Library of Congress)

View Full Size