Philip Barbour (1783 - 1841)

Philip Barbour was born in Virginia on May 25, 1783. In his teens, he was apprenticed to a Virginia lawyer. After a brief time in Kentucky, Barbour returned to Virginia, attended the College of William and Mary, and began practicing law. Barbour was both intelligent and possessed excellent family connections. At 21, Barbour married Frances Johnson, the daughter of a Virginia planter. In 1812, Barbour won a seat in the Virginia House of Delegates. Two years later, he was elected to the House of Representatives at the same time his brother became a Senator from Virginia. Like many Virginians of this time, Barbour was a states' rights Jeffersonian Republican. With but a two year gap (1825-27), Barbour would spend the next 16 years as a member of Congress. Barbour's support of Andrew Jackson as far back as 1819 caused Jackson to name Barbour a federal judge in 1830. Although Barbour's appointment was feared by many nationalists, he was nominated as Associate Justice at the same time Roger Brooke Taney was nominated as Chief Justice. The nationalists unsuccessfully concentrated their fire on Taney, and Barbour was confirmed. As was believed by nationalists, Barbour and Taney's appointments led the Court to support strongly state sovereignty as against federal supremacy. Barbour wrote about 12 opinions while on the Court. His most important opinion was in New York v. Miln, in which the Court held that the state was permitted to regulate pursuant to its police powers (health, safety, welfare, and morals) despite claims of individual liberty and federal authority to regulate pursuant to the commerce clause. Barbour died suddenly on February 25, 1841. 

Further reading: Gerard W. Gawalt, "Philip Barbour," in The Oxford Companion to the Supreme Court of the United States (Kermit L. Hall ed. 1992).