Philip P. Barbour
Philip P. Barbour (1783-1841) was an influential American lawyer and politician known for his significant contributions to the legal and political landscape of the early 19th century. He began his legal career in 1802 and was elected to the U.S. Congress in 1814, where he served as Speaker of the House from 1821 to 1823. Barbour was involved in notable legal cases, such as Cohens v. Virginia, where he argued before the Supreme Court regarding the rights of defendants appealing from state courts. After leaving Congress in 1825, he held a position as a state judge before returning to Congress in 1827 and later serving as a federal judge appointed by President Andrew Jackson in 1830.
Barbour's judicial philosophy often leaned towards supporting states' rights over federal authority. His tenure on the Supreme Court, beginning in 1836, was characterized by a tendency to align with the majority in cases that favored state power, notably in New York v. Miln, where he asserted the exclusivity of state authority over its harbors. While his career included some dissenting opinions, these were generally reserved for cases that restricted states' rights. Barbour’s legacy is reflective of the complex interplay between state and federal powers during a formative period in American legal history.
Subject Terms
Philip P. Barbour
Nominated by: Andrew Jackson
Significance: During his five years on the Supreme Court, Barbour supported states’ rights over the authority of the federal government.
Barbour began practicing law in 1802. He was elected to Congress in 1814, where he served as Speaker of the House from 1821 to 1823. In Cohens v. Virginia (1821), he unsuccessfully argued before the Supreme Court that a defendant had no right of appeal from a state court to a federal court. He left Congress in 1825, served as a state judge, then returned to Congress in 1827. In 1829 he unsuccessfully introduced a bill requiring five out of seven Supreme Court justices to agree in constitutional cases. In 1830 he was appointed a federal judge by President Andrew Jackson.
Jackson nominated Barbour to the Court on December 28, 1835. He was confirmed by the Senate on March 15, 1836, and took the oath of office on May 12. During his relatively brief career on the Court, he usually agreed with the majority as it turned away from supporting the power of the federal government over the states. In New York v. Miln (1837), a case involving the power of a state over ships entering harbors from other states or nations, he wrote that “the authority of a state is complete, unqualified and exclusive.” His few dissents from the majority came in cases that involved restrictions of states’ rights.