Today in Supreme Court History: August 15, 1938

8/15/1938: Justice Stephen Breyer's Birthday.

Justice Stephen Breyer

 

Comments

[Dan Schiavetta]

Bas v. Tingy, 4 U.S. 37 (decided August 15, 1800): During the Quasi-War with France (well depicted in the miniseries “John Adams”, with Paul Giamatti) a warship’s captain “and others” brought suit for salvage (such a suit is called a “libel”) after they recovered four ships which had been lost to French privateers three weeks previous. This is one of those early “seriatim” decisions in which each judge takes his turn displaying 18th-century prolixity. They hold that France qualified as an enemy and the ships were lost for more than 96 hours, so that the salvage statute applied, giving them the full value of the ships. (Making the captain and his crew privateers as well?)

[F.D. Wolf]

I watched the John Adams miniseries for the first time a month or two ago. I thought it was pretty good. I realize we must not be overly insistent absolutely precise historical accuracy and allow for a certain amount of creative license in dramatic presentations, but one scene was particularly egregious, the scene in which the Senate ratifies the Jay Treaty.

In actuality, the Jay Treaty was ratified by a vote of 20-10, just meeting the two-thirds constitutional requirement for ratification. However, in the miniseries, the scene begins with the senators yelling at each other. Vice President John Adams, presiding over the Senate, bangs his gavel, demanding order. Adams announces that the vote is tied 15-15, and he will cast his tiebreaking vote in favor of ratification.

https://youtu.be/C_GyCinBwh8?si=u2tMGLHZuD6jNwiv

[JoeFromtheBronx]

I watched the miniseries some time ago. Not sure if I watched the whole thing. But, one thing I recall is that some of the supporting characters came off a bit like caricatures.

That treaty scene is egregious. Wikipedia flags the problem, noting Adams did cast a tie-breaking vote regarding a trade embargo.

https://en.wikipedia.org/wiki/Jay_Treaty

[Dan Schiavetta]

One thing the series makes clear is that early on nobody knew when it was proper for the Vice President to cast the tie-breaking vote.

Or when it was proper for the President to veto. Adams is blamed for the Alien and Sedition Acts, but they passed by overwhelming margins (a veto-proof margin in Senate) and he wasn’t sure it was proper for the President to disregard the obvious will of Congress.

Some characters are necessarily caricatures, but mostly the minor ones, given the limited screen time. As to the main characters (Adams, Jefferson, Franklin, Washington, Hamilton) they were pretty good, though due to the scriptwriting Jefferson, at least after 1776, comes off as a smug too-good-for-this-world idealist (in fact when the situation called for it he could play dirty).

(And though what Henry Knox did was heroic, getting heavy artillery lugged 200 miles from Ticonderoga to Boston, no, he didn’t pass right in front of the Adamses’ house so that Abigail would wave at him.)

[JoeFromtheBronx]

For those who like historical fiction, there is a pretty good series of mysteries with Abigail Adams as the heroine by Barbara Hamilton. Henry Knox is wrongly accused in A Marked Man.

The legitimacy of the veto continued to be a debate into the 19th Century. The Whigs thought it should only be used in narrow cases, particularly when a president thinks something is unconstitutional.

[JoeFromtheBronx]

The only recorded opinion of diminutive [4′ 5″] Justice Alfred Moore.

https://www.oyez.org/justices/alfred_moore

The opinion also is a precedent of the concept of a limited war, where the U.S. has not declared war, but there is still a state of hostilities. By one count, we only had five declared wars (the War of 1812, the Mexican War, the Spanish-American War, World War I, and World War II).

After Ginsburg died, Breyer talked about her sending him a birthday card …

https://www.nbcnews.com/politics/supreme-court/justice-breyer-his-friend-ruth-bader-ginsburg-woman-valor-n1241164

(“Woman of valor” is a Jewish compliment based on Proverbs 31)

[Dan Schiavetta]

Thanks!

[The Margrave of Azilia]

Proverbs 31:10-31, to be exact:

Who can find a virtuous woman? for her price is far above rubies. The heart of her husband doth safely trust in her, so that he shall have no need of spoil. She will do him good and not evil all the days of her life. She seeketh wool, and flax, and worketh willingly with her hands. She is like the merchants’ ships; she bringeth her food from afar. She riseth also while it is yet night, and giveth meat to her household, and a portion to her maidens. She considereth a field, and buyeth it: with the fruit of her hands she planteth a vineyard. She girdeth her loins with strength, and strengtheneth her arms. She perceiveth that her merchandise is good: her candle goeth not out by night. She layeth her hands to the spindle, and her hands hold the distaff. She stretcheth out her hand to the poor; yea, she reacheth forth her hands to the needy. She is not afraid of the snow for her household: for all her household are clothed with scarlet. She maketh herself coverings of tapestry; her clothing is silk and purple. Her husband is known in the gates, when he sitteth among the elders of the land. She maketh fine linen, and selleth it; and delivereth girdles unto the merchant. Strength and honour are her clothing; and she shall rejoice in time to come. She openeth her mouth with wisdom; and in her tongue is the law of kindness. She looketh well to the ways of her household, and eateth not the bread of idleness. Her children arise up, and call her blessed; her husband also, and he praiseth her. Many daughters have done virtuously, but thou excellest them all. Favour is deceitful, and beauty is vain: but a woman that feareth the LORD, she shall be praised. Give her of the fruit of her hands; and let her own works praise her in the gates. /KJV

[Frank Drackman]

They play Breyer’s voice at Git-mo to break down the Terrorists, it’s more effective than the screams of Rabbits being slaughtered ATF played at Waco

Frank