Peter Vivian Daniel
Encyclopedia
Peter Vivian Daniel was an American jurist
who served as an Associate Justice on the Supreme Court of the United States
.
, in 1784 to a family of old colonial heritage. He was educated at home, and attended the College of New Jersey
for one year before returning to Virginia
. He read law under former Attorney General of the United States Edmund Randolph
in Richmond
, and was admitted to the bar
in 1808. Daniel married Randolph's daughter.
In 1809, Daniel was elected to the Virginia House of Delegates
, and in 1812 became a member of the advisory Virginia Privy Council. He remained on the Council and in 1818 was elected Lieutenant Governor. He would retain both of these positions until 1836, when President Andrew Jackson
appointed him to the federal judiciary.
vacated by the elevation of Philip Pendleton Barbour
to the Supreme Court. Daniel was confirmed by the United States Senate
on April 19, 1836, and received his commission the same day.
On February 26, 1841, Daniel was nominated by President Martin Van Buren
, to be elevated to Associate Justice of the Supreme Court of the United States, also to a seat vacated by Barbour. At this time, there were no intermediate courts of appeal, and it was not uncommon for appointments to the Supreme Court to be drawn from the ranks of sitting District Court judges. Additionally, there was a tradition of having representation from certain geographical areas on the court, and the appointment of Daniel to succeed Barbour continued the tradition of that seat being held by a Virginian. Daniel's elevation was confirmed by the United States Senate on March 2, 1841, near the end of van Buren's term, and his commission issued on March 3, 1841. Daniel remained on the court until his death, in 1860, in Richmond, Virginia
.
He authored only one significant opinion, West River Bridge Co. v. Dix, in his 18 years. He sided with the majority in the Dred Scott
case, as well as in Jones v. Van Zandt, which affirmed the legality of the Fugitive Slave Act. Justice Daniel is especially known to law students and legal scholars for having authored several prominent dissenting opinions, some prophetic of changes in the law, and some emblematic of his viewpoint on states' rights
.
Jurist
A jurist or jurisconsult is a professional who studies, develops, applies, or otherwise deals with the law. The term is widely used in American English, but in the United Kingdom and many Commonwealth countries it has only historical and specialist usage...
who served as an Associate Justice on the Supreme Court of the United States
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...
.
Early life, education, and career
Daniel was born in Stafford County, VirginiaStafford County, Virginia
Stafford County is a county located in the Commonwealth of Virginia, a U.S. state, and just across the Rappahannock River from the City of Fredericksburg. As of the 2000 census, the population was 92,446, increasing to 128,961 in 2010.. Its county seat is Stafford. In 2006, and again in 2009,...
, in 1784 to a family of old colonial heritage. He was educated at home, and attended the College of New Jersey
Princeton University
Princeton University is a private research university located in Princeton, New Jersey, United States. The school is one of the eight universities of the Ivy League, and is one of the nine Colonial Colleges founded before the American Revolution....
for one year before returning to Virginia
Virginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
. He read law under former Attorney General of the United States Edmund Randolph
Edmund Randolph
Edmund Jennings Randolph was an American attorney, the seventh Governor of Virginia, the second Secretary of State, and the first United States Attorney General.-Biography:...
in Richmond
Richmond, Virginia
Richmond is the capital of the Commonwealth of Virginia, in the United States. It is an independent city and not part of any county. Richmond is the center of the Richmond Metropolitan Statistical Area and the Greater Richmond area...
, and 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 1808. Daniel married Randolph's daughter.
In 1809, Daniel was elected to the Virginia House of Delegates
Virginia House of Delegates
The Virginia House of Delegates is the lower house of the Virginia General Assembly. It has 100 members elected for terms of two years; unlike most states, these elections take place during odd-numbered years. The House is presided over by the Speaker of the House, who is elected from among the...
, and in 1812 became a member of the advisory Virginia Privy Council. He remained on the Council and in 1818 was elected Lieutenant Governor. He would retain both of these positions until 1836, when 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...
appointed him to the federal judiciary.
Judicial service
On April 6, 1836, Daniel was nominated by President Jackson to a seat on the United States District Court for the Eastern District of VirginiaUnited States District Court for the Eastern District of Virginia
The United States District Court for the Eastern District of Virginia is one of two United States district courts serving the Commonwealth of Virginia...
vacated by the elevation of Philip Pendleton Barbour
Philip Pendleton Barbour
Philip Pendleton Barbour was a U.S. Congressman from Virginia and an Associate Justice of the United States Supreme Court. He was also the brother of Virginia governor and U.S. Secretary of War James Barbour as well as the first cousin of John S. Barbour and first cousin, once removed of John S...
to the Supreme Court. Daniel 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 April 19, 1836, and received his commission the same day.
On February 26, 1841, Daniel was nominated by President Martin Van Buren
Martin Van Buren
Martin Van Buren was the eighth President of the United States . Before his presidency, he was the eighth Vice President and the tenth Secretary of State, under Andrew Jackson ....
, to be elevated to Associate Justice of the Supreme Court of the United States, also to a seat vacated by Barbour. At this time, there were no intermediate courts of appeal, and it was not uncommon for appointments to the Supreme Court to be drawn from the ranks of sitting District Court judges. Additionally, there was a tradition of having representation from certain geographical areas on the court, and the appointment of Daniel to succeed Barbour continued the tradition of that seat being held by a Virginian. Daniel's elevation was confirmed by the United States Senate on March 2, 1841, near the end of van Buren's term, and his commission issued on March 3, 1841. Daniel remained on the court until his death, in 1860, in Richmond, Virginia
Richmond, Virginia
Richmond is the capital of the Commonwealth of Virginia, in the United States. It is an independent city and not part of any county. Richmond is the center of the Richmond Metropolitan Statistical Area and the Greater Richmond area...
.
He authored only one significant opinion, West River Bridge Co. v. Dix, in his 18 years. He sided with the majority in the Dred Scott
Dred Scott
Dred Scott , was an African-American slave in the United States who unsuccessfully sued for his freedom and that of his wife and their two daughters in the Dred Scott v...
case, as well as in Jones v. Van Zandt, which affirmed the legality of the Fugitive Slave Act. Justice Daniel is especially known to law students and legal scholars for having authored several prominent dissenting opinions, some prophetic of changes in the law, and some emblematic of his viewpoint on states' rights
States' rights
States' rights in U.S. politics refers to political powers reserved for the U.S. state governments rather than the federal government. It is often considered a loaded term because of its use in opposition to federally mandated racial desegregation...
.
Further reading
- John P. Frank, Justice Daniel Dissenting: A Biography of Peter V. Daniel, 1784-1860 (Harvard University Press 1964 ISBN 0-678-08028-3).
External links
- Peter Vivian Daniel at Find A GraveFind A GraveFind a Grave is a commercial website providing free access and input to an online database of cemetery records. It was founded in 1998 as a DBA and incorporated in 2000.-History:...
- Peter Vivian Daniel at PBSPublic Broadcasting ServiceThe Public Broadcasting Service is an American non-profit public broadcasting television network with 354 member TV stations in the United States which hold collective ownership. Its headquarters is in Arlington, Virginia....