Controversial Books | Page 548

a p p e ndix b Martin v. Hunter’s Lessee 1 Wheaton 304 (1816) Lord Fairfax, a Loyalist residing in Virginia who fled to England during the American Revolution, died in 1781. He willed a vast tract of land in northern Virginia to his nephew, Denny Martin, a British subject. Virginia confiscated the property under a special law passed after the death of Fairfax; and the common law of Virginia also forbade enemy aliens to inherit land. Virginia thereupon sold part of the land to David Hunter in 1789. Litigation began in 1791 for the recovery of the property, and finally in 1810 the Virginia court of appeals sustained Hunter’s title to the land. In 1813, however, the Supreme Court reviewed the case and held that, under the Treaty of 1794 with England, all British-owned property in the United States, including Denny Martin’s, was protected from confiscation. In open defiance, the Virginia court of appeals declared that Section 25 of the Judiciary Act of 1789, which authorized the Supreme Court to review State court decisions, was unconstitutional. Mr. Justice Story delivered the opinion of the Court, saying in part: This is a writ of error from the Court of Appeals of Virginia, founded upon the refusal of that court to obey the mandate of this court, requiring the judgment rendered in this very cause, at February Term, 1813, to be carried into due execution. The following is the judgment of the Court of Appeals rendered on the mandate: ‘‘The court is unanimously of opinion, that the appellate power of the Supreme Court of the United States does not extend to this court, under a sound construction of the Constitution of the United States; that so much of the 25th section of the Act of Congress to establish the Judicial Courts of the United States, as extends the appellate jurisdiction of the Supreme Court to this court, is not in 526