The Supreme Court in United States History, volume 1
The Supreme Court in United States History, volume 1
Charles Warren
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Digitized by VjOOQ IC MARSHALL AND JEFFERSON 219 to Federal judicial supremacy which was voiced in these debates, chiefly by representatives of Virginia and Ken- tucky, was based on political and legal views regarding the Constitution. A review of a mass of historical material contained in an extensive correspondence between Senator Breckenridge and his Kentucky con- stituents shows that this assumption is probably er- roneous, and that the opposition arose, not from any adherence to abstract p...olitical or juridical theories, but largely from the very concrete fear lest the decisions of the Federal Courts might be adverse to the land laws and the landholders of Virginia and Kentucky.^ In both these States, the conditions of land titles were compli- cated and deplorable, and thousands of suits had been entered, largely by non-resident claimants of title. In Virginia, moreover, the famous litigation over the Lord Fairfax and other British titles vitally excited large numbers of landholders and claimants.
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