Marshall had so many connections to Virginia's disestablishment that it would have been impossible for the circumstances of Turpin and Terrett not to have shaped his thinking about Dartmouth College. Click the card to flip . Amidst the turmoil of Virginia's disestablishment, he opposed repealing incorporation and confiscating church property. District of Columbia. In short, Story treated the post-1784 parish like any other private corporation. Virginia's refusal to recognize Terrett underscored the limited practical significance of the case. For example, in 1751, the vestry of St. Peter's Parish in New Kent County ordered that all persons indebted to the Parish do account with the Church Wardens and Pay to their Hands the Several Sums due from them, and in failure of Payment the church wardens are required to bring suit for the recovery of the same.Footnote 33 Parishes could extend credit securely because they could recover outstanding debts in court. The Court may have offered an ideological defense of customary incorporation in Terrett, but Virginia's continued refusal to abide by the decision underscored the weakness of common law incorporation. McConnell, The Supreme Court's Earliest Church-State Cases, 13. Two hundred years ago this week, the Supreme Court issued its now famous ruling in Dartmouth College v. After dwelling at great length on the unconstitutionality of Virginia's statutes, Story ultimately offered one farther objection to uphold the vestry's claim.Footnote 110 Because the Glebe Act had been passed after Christ Church and its glebe had become part of Washington, DC, Fairfax County officials lacked any power to seize the glebe. 53. See An Act Concerning the District of Columbia, 2 Stat. Decisions over the legality of state disestablishmentarian policies had lasting consequences for all American corporations. Tucker's conclusion portended a fatal blow to common law corporations in the new republic; customary incorporation was a precarious mechanism for securing rights and property if states could simply ignore it. This discussion of religious freedom was not tangential but was essential to Story's line of argument. Blunting the Revolution's Radicalism from Virginia's District Courts, The Virginia Magazine of History and Biography 106 (1998): 41942Google Scholar. Ely, Jr., 1050; William M. Wicek, The Lost World of Classical Legal Thought: Law and Ideology in America, 18861937 (New York: Oxford University Press, 1998), 34; Currie, The Constitution in the Supreme Court, 13841; and Stites, Private Interest and Public Gain, 137 n.49. Mazur, Religion and the Earliest Supreme Court Justices, 17891911, in The Wiley Blackwell Companion to Religion and Politics in the U.S., ed. The legislature 112. When working in private practice in Richmond in 1797, Justice Washington had been quietly consulted about the possibility of glebe confiscation. 27. For Story, Virginia's statutes first incorporating and then undoing incorporationand ultimately vesting parish property in the commonwealthwere utterly inconsistent with a great and fundamental principle of a republican government, the right of the citizens to the free enjoyment of their property.Footnote 100 Virginia's Glebe Act was not, therefore in our judgment, operative so far as to divest the Episcopal church of the property acquired, previous to the revolution, by purchase or by donation.Footnote 101. John Marshall opposed these policies while serving as a delegate in Virginia's legislature, and his views on these issues prefigured his opinion in Dartmouth College. The vestry of Fairfax Parish had purchased its glebe in 1770 from Daniel Jennings and his wife using money raised from parishioners.Footnote 108 Although the corporate existence of colonial parishes rested on common law, Story argued that the Revolution had in no way impaired the corporation's standing or interfered with the title to this property. Classic accounts of church and state in Virginia detail the legislation that enforced Anglican conformity, penalized religious dissent, and knit together religion and government but make no mention of how common law conferred significant power to Anglican parishes through incorporation.Footnote 26 A wide range of sources, including legal treatises, colonial legislation, and the records of lawsuits, contracts, and deeds, reveal that Virginia's vestries and churchwardens were acquisitive and litigious corporate bodies.
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