Henry Wheaton
Henry Wheaton was a notable figure in 19th-century American diplomacy, political science, and law, best known for his role as a Supreme Court reporter. A graduate of Rhode Island College, which later became Brown University, Wheaton served as a charg d'affaires to Denmark and Prussia and was involved in negotiating a tariff treaty. His writings on international law gained recognition, showcasing his expertise in the field. However, Wheaton’s most significant contribution to the American legal landscape emerged during his tenure as the Supreme Court reporter, where he intended to monetize his court writings. This ambition led to a landmark case, Wheaton v. Peters (1834), after his successor Richard Peters published abridged versions of his work, claiming public domain rights. The Supreme Court ultimately sided with Peters, a decision that reflected the democratic ideals of the Jacksonian era and facilitated greater public access to court records. Despite the personal and financial repercussions of the lawsuit, Wheaton's legacy endures, highlighting the interplay between law, access to information, and public inclusion in governance.
Subject Terms
Henry Wheaton
Reporter of Decisions
- Born: November 27, 1785
- Birthplace: Providence, Rhode Island
- Died: March 11, 1848
- Place of death: Dorcester, Massachusetts
Significance: As the first officially appointed Supreme Court reporter, Wheaton virtually created the office. He displayed common prejudices of his times, and his reports were often verbose and tardy, but his thorough knowledge of law and cordial relationships with the justices set positive and practical precedents.
A graduate of Rhode Island College (later Brown University), Wheaton had distinguished careers in diplomacy and political science in addition to law. He served as a charg d’affairs to Denmark and Prussia, negotiated a tariff treaty, and wrote a well-received volume on international law.
It was as Supreme Court reporter, however, that Wheaton made his greatest contribution to American jurisprudence. The position paid one thousand dollars a year, a low salary that Wheaton expected to augment through the sale of his court writings, which he deemed to be his private property. Unfortunately for him, however, his successor in office, Richard Peters, considered all court publishings to be part of the public domain, and Peters made abridged versions of Wheaton’s writings freely available to the public. The outraged Wheaton sued Peters, and in Wheaton v. Peters (1834), the Court upheld Peters’s views on the papers.
This decision was indicative of the democratization and growing sense of public inclusion in government of the Jacksonian era. It made it possible for the poor to have ready access to official court records and therefore the opportunity for greater understanding and impact. Interestingly, despite his eloquence, intelligence, and writing ability, Wheaton’s primary contribution to Court history could be, arguably, instigating a very noteworthy but financially ruinous, lawsuit.