Difference between revisions of "Report of Kamper v. Hawkins"

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{{DISPLAYTITLE:''Report of a Case, Decided on Saturday, the 16th of November, 1793, in the General Court of Virginia; Wherein Peter Kamper, Was Plaintiff, against Mary Hawkins, Defendant; On a Question Adjourned from the District Court of Dumfries, for Novelty and Difficulty, Touching the Constitutionality of an Act of Assembly; Together with Arguments and Opinions of the Respective Judges at Large, and the Order of Court Thereon''}}
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<big>Report of a Case Decided on Saturday the 16th of November 1793, in the General Court of Virginia wherein Peter Kamper was Plaintiff, Against Mary Hawkins, Defendant, on a Question Adjourned from the District Court of Dumfries, for Novelty and Difficulty, Touching the Constitutionality of an Act of Assembly ... </big>
 
 
===by William Tatham===
 
===by William Tatham===
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{{NoBookInfoBox
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|shorttitle=Report of Kamper v. Hawkins
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|commontitle=
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|vol=
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|author=[[:Category:William Tatham|William Tatham]] (attributed)
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|editor=
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|trans=
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|publoc=[[:Category:Philadelphia|Philadelphia, PA]]
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|publisher=Printed for A. M'Kenzie, & Co. ... by W.W. Woodward ...
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|year=1794
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|edition=
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|lang=[[:Category:English|English]]
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|set=
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|pages=104 p.
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|desc=[[:Category:Octavos|8vo (20 cm.)]]
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}}William Tatham (1752 &ndash; 1819) was an engineer who served under General [[wikipedia:Thomas Nelson Jr.|Thomas Nelson]] and was at Yorktown during the [[wikipedia:merican Revolutionary War|American Revolution]]. <ref>Nancy Verell, "[http://www.monticello.org/site/research-and-collections/william-tatham William Tatham]," ''Thomas Jefferson Encyclopedia'' (2013), accessed February 19, 2015</ref> After the war, he became a lawyer in North Carolina, but went back to England in 1796 to only return for better prospects in 1805. <ref>Ibid.</ref>  He had extensive contact with [[Thomas Jefferson]] during and after the war.<ref>See ''[http://memory.loc.gov/ammem/collections/jefferson_papers/ The Thomas Jefferson Papers]'' (Library of Congress).</ref>
  
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<br /> Philadelphia: Printed for A. M'Kenzie, & Co. ... by W.W. Woodward .., 1794. <br />
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Tatham recorded the case of [[Media:KamperAgainstHawkins1794.pdf|''Kamper v. Hawkins'']], 3 Va. (1 Va. Cas.) 20 (1793), publishing a pamphlet with a Philadelphia printer in 1794.<ref>''Report of a Case, Decided on Saturday, the 16th of November, 1793, in the General Court of Virginia; Wherein Peter Kamper, Was Plaintiff, against Mary Hawkins, Defendant; On a Question Adjourned from the District Court of Dumfries, for Novelty and Difficulty, Touching the Constitutionality of an Act of Assembly; Together with Arguments and Opinions of the Respective Judges at Large, and the Order of Court Thereon. Published with Their Permission. By a Gentleman of the Bar.'' (Philadelphia, PA: A. M'Kenzie, 1794). Published anonymously, but attributed to Tatham as 'The Case of Kamfer ''against'' Hawkins' in [https://books.google.com/books?id=TdAxAQAAIAAJ&pg=PA167 ''The Annual Biography and Obituary, for the Year 1820,''] vol. 4 (London: Longman, Hurst, Rees, Orme, and Brown, 1820), 167.</ref> Peter Kamper filed an injunction in the District Court of Dumfries under Section XI of "An act reducing into one, the several acts concerning the establishment, jurisdiction, and powers of District Courts." (Passed December 12, 1792.) It read:
  
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<blockquote>
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Each of the said district courts in term time, or any judge thereof in vacation, shall, and may have and exercise the same power of granting injunctions to stay proceedings on any judgment obtained in any of the said district courts, as is now had and exercised by the judge of the high court of chancery in similar cases, and the said district courts may proceed to the dissolution or final hearing of all suits commencing by injunction, under the same rules and regulations as are now prescribed by law for conducting similar suits in the high court of chancery."<ref>''Kamper v. Hawkins,'' 3 Va. (1 Va. Cas.) 20 (1793)</ref>
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</blockquote>
  
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[[Category:Titles in Wythe's Library]]
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The General Court of Virginia overruled Kamper's motion, because Section XI was deemed to be unconstitutional. The idea was reinforced that "if an act of the legislature is repugnant to the constitution, the courts have the power, and it is their duty to so declare it."<ref>Ibid.</ref>
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[[Category:Virginia Reports]]
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==Evidence for Inclusion in Wythe's Library==
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A copy of ''Kamper v. Hawkins'' in the [https://lccn.loc.gov/95844852 Jefferson Exhibit Collection] at the Library of Congress has a label with "Chancellor Wythe" on the cover, and has an presentation inscription from "Wm. Tatham" to "Mr. Wythe." This is likely the same copy listed on [[Jefferson Inventory#Page 7|Jefferson's inventory of books]] he inherited upon Wythe's death, listed on page seven as "Report of the case of Kampier [''sic''] & Hawkins in the G.C. of Virga. 8<sup>vo</sup>."
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==See also==
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*[[Jefferson Inventory]]
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*[[Known Surviving Wythe Volumes]]
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*[[William Tatham to William Armistead Burwell, 13 June 1805]]
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*[[Wythe's Library]]
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==References==
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<references />
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==External links==
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*Read this case in [https://books.google.com/books?id=PHo0AQAAMAAJ&pg=PA20 Google Books.]
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*[https://babel.hathitrust.org/cgi/pt?id=mdp.39015033648109;view=1up;seq=371 Sowerby Catalogue,] at HathiTrust.
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__NOTOC__
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[[Category: Jefferson's Books]]
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[[Category: Known Surviving Wythe Volumes]]
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[[Category: Pamphlets]]
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[[Category: Titles in Wythe's Library]]
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[[Category: Virginia Reports]]
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[[Category: William Tatham]]
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[[Category: English]]
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[[Category: Octavos]]
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[[Category: Philadelphia]]

Latest revision as of 12:13, 17 July 2018

by William Tatham

Report of Kamper v. Hawkins
George Wythe bookplate.jpg
Title not held by The Wolf Law Library
at the College of William & Mary.
  
Author William Tatham (attributed)
Editor
Translator
Published Philadelphia, PA: Printed for A. M'Kenzie, & Co. ... by W.W. Woodward ...
Date 1794
Edition
Language English
Volumes volume set
Pages 104 p.
Desc. 8vo (20 cm.)

William Tatham (1752 – 1819) was an engineer who served under General Thomas Nelson and was at Yorktown during the American Revolution. [1] After the war, he became a lawyer in North Carolina, but went back to England in 1796 to only return for better prospects in 1805. [2] He had extensive contact with Thomas Jefferson during and after the war.[3]

Tatham recorded the case of Kamper v. Hawkins, 3 Va. (1 Va. Cas.) 20 (1793), publishing a pamphlet with a Philadelphia printer in 1794.[4] Peter Kamper filed an injunction in the District Court of Dumfries under Section XI of "An act reducing into one, the several acts concerning the establishment, jurisdiction, and powers of District Courts." (Passed December 12, 1792.) It read:

Each of the said district courts in term time, or any judge thereof in vacation, shall, and may have and exercise the same power of granting injunctions to stay proceedings on any judgment obtained in any of the said district courts, as is now had and exercised by the judge of the high court of chancery in similar cases, and the said district courts may proceed to the dissolution or final hearing of all suits commencing by injunction, under the same rules and regulations as are now prescribed by law for conducting similar suits in the high court of chancery."[5]

The General Court of Virginia overruled Kamper's motion, because Section XI was deemed to be unconstitutional. The idea was reinforced that "if an act of the legislature is repugnant to the constitution, the courts have the power, and it is their duty to so declare it."[6]

Evidence for Inclusion in Wythe's Library

A copy of Kamper v. Hawkins in the Jefferson Exhibit Collection at the Library of Congress has a label with "Chancellor Wythe" on the cover, and has an presentation inscription from "Wm. Tatham" to "Mr. Wythe." This is likely the same copy listed on Jefferson's inventory of books he inherited upon Wythe's death, listed on page seven as "Report of the case of Kampier [sic] & Hawkins in the G.C. of Virga. 8vo."

See also

References

  1. ↑ Nancy Verell, "William Tatham," Thomas Jefferson Encyclopedia (2013), accessed February 19, 2015
  2. ↑ Ibid.
  3. ↑ See The Thomas Jefferson Papers (Library of Congress).
  4. ↑ Report of a Case, Decided on Saturday, the 16th of November, 1793, in the General Court of Virginia; Wherein Peter Kamper, Was Plaintiff, against Mary Hawkins, Defendant; On a Question Adjourned from the District Court of Dumfries, for Novelty and Difficulty, Touching the Constitutionality of an Act of Assembly; Together with Arguments and Opinions of the Respective Judges at Large, and the Order of Court Thereon. Published with Their Permission. By a Gentleman of the Bar. (Philadelphia, PA: A. M'Kenzie, 1794). Published anonymously, but attributed to Tatham as 'The Case of Kamfer against Hawkins' in The Annual Biography and Obituary, for the Year 1820, vol. 4 (London: Longman, Hurst, Rees, Orme, and Brown, 1820), 167.
  5. ↑ Kamper v. Hawkins, 3 Va. (1 Va. Cas.) 20 (1793)
  6. ↑ Ibid.

External links

Retrieved from "http://lawlibrary.wm.edu/wythepedia/index.php?title=Report_of_Kamper_v._Hawkins&oldid=67957"