Pendleton, Edmund (1721-1803) In the Court of Appeals... The Case of the Prisoners [Caton v. Commonwealth]
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Gilder Lehrman Collection #: GLC00099.101 Author/Creator: Pendleton, Edmund (1721-1803) Place Written: Edmundsbury Type: Autograph manuscript Date: 29 October 1782 Pagination: 6 p. (4 f.) 34 x 21 cm Order a Copy
Important manuscript, entirely in the hand of Edmund Pendleton, entitled "In the Court of Appeals, October 29, 1782 The Case of the Prisoners." Composed of 3 leaves (A1, A2, B1) completely covered with writing (r+v), and a fourth leaf (B2), with recto blank and verso with Madison's title: "In the court of Appeals | October 29. 1782 | Case of the Prisoners" (Pencil note there with arrow: "James Madison's hand".)
Pendleton's lengthy summation of the case later entitled Caton v. Commonwealth. This case, brought by prisoners convicted of treason attempting to overturn the death sentence imposed by the Assembly as against the state Constitution, is the foundation of the principal of judicial review and the power of the courts to overturn legislative actions as unconstitutional. Pendleton was the Chief Justice in the court, and this manuscript summation is one of the most important in the history of American jurisprudence. Evidently this was sent to Madison. [-GLC internal finding aid]
Mentions: Caton v. Commonwealth, Traitors appealing death penalty, Virginia Assembly, Judicial review, Treason; Loyalists.
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