Gabriel Duvall, Associate Justice of the US Supreme Court

Gabriel Duvall

Associate Justice of the U.S. Supreme Court of the United States of America

• Justice Duvall's Wikipedia Page
• Find A Grave Memorial ID # 5853
• U.S. Supreme Court Biography

Duvall was an American politician and jurist. He was an Associate Justice of the Supreme Court of the United States from 1811-1835, during the famous Marshall Court. Previously, Duvall was the Comptroller of the Treasury, a Maryland state court judge, a member of the U.S. House of Representatives from State of Maryland, and also a Maryland state legislator.

Whether Duvall is deserving of the title of "the most insignificant" justice in the history of the U.S. Supreme Court has been the subject of much academic interest, most notably a debate between University of Chicago Law Professors David P. Currie and (now-Judge) Frank H. Easterbrook in 1983. Currie argued that "impartial examination of Duvall's performance reveals to even the uninitiated observer that he achieved an enviable standard of insignificance against which all other justices must be measured." Easterbrook responded that Currie's analysis lacked "serious consideration of candidates so shrouded in obscurity that they escaped proper attention even in a contest of insignificance," and concluded that Duvall's colleague, Justice Thomas Todd, was even more insignificant.

Early and family life

Gabriel Duvall was born in Prince George's County in the Province of Maryland, as the sixth child of Benjamin Duvall (1719-1801) and his wife Susanna Tyler (1718-1794),[4] both descendants of Mareen Duvall,[5] Gabriel was born and raised on land that would eventually become known as Marietta. Two of his elder brothers died in the American Revolutionary War. Duvall read law to enter the bar in Prince George's County in 1778, and practiced in Anne Arundel and Prince George’s County at least part-time until 1823.[6] In Annapolis, Maryland, he practiced in the Mayor's Court as county prosecutor beginning in 1781, and in Anne Arundel County court beginning in 1783, formally appearing in 600 cases by 1792 according to an archivist's research.

Some uncertainty remains over the spelling of Duvall's name. One scholar noted Supreme Court Reporters Cranch, Wheaton, and Peters uniformly spelled it "Duvall", but Marshall's biographer, Albert Beveridge, insisted on spelling the name with a single "l."[7] Journalist and Supreme Court specialist Irving Lee Dilliard (1904–2002) concluded persuasively that the original "DuVal" or "Duval" employed in earlier generations had become "Duvall" before the future justice was born. Later family members used "DuVal".

Gabriel Duvall was an Anglican (Episcopalian after the American Revolutionary War) and maintained pews both at St. Anne's Church, Annapolis, and his family's longstanding parish in Prince George's County, Holy Trinity Episcopal Church, Collington, originally a chapel of ease known as Henderson's Chapel for St. Barnabas' Episcopal Church, Leeland. He married twice, first in 1787 to Mary Bryce (d. 1791), daughter of Annapolis sea captain Robert Bryce. They had only one son, Edmund Bryce Duvall (1790-1831). Duvall married his second wife, Jane Gibbon Duvall (1757 – 1834), daughter of sea captain James Gibbon and Mary Gibbon. Widowed, Mary Gibbon ran a boarding house in Philadelphia where her daughter Jane also worked. Gabriel Duvall and other members of Congress stayed at the Gibbons’ boarding house. He met Jane at the boarding house during his federal service in Philadelphia. They married on May 5, 1795, at Christ Church, Philadelphia. Her mother, Mary Gibbon, came to live with them in the Duvall’s D.C. residence during her last years (she died in 1810 and was buried in the Duvall family cemetery at WigWam, a part of Marietta plantation). Jane Duvall died in 1834 and Gabriel Duvall died in 1844, both at Marietta.

The Duvall family enslaved anywhere from nine to forty people at their tobacco plantation, Marietta, between 1783 and 1864, including multiple generations of the Duckett, Butler, Jackson, and Brown families at Marietta.

Marietta Plantation (AKA Marietta House)

Built between 1812 and 1816 by Judge Gabriel Duvall. Probably built with slave labor and from bricks manufactured on the property or nearby.

Grandson Edmund Bryce DuVal inherited the house and 325 acres upon the death of his grandfather in 1844.

Edmund and his wife Caroline Lansdale DuVal lived at Marietta after their marriage in 1846. Their eleven children were born and raised there. EBDII died in 1878 and his wife Caroline in 1890.

Great-grandson and oldest surviving son of Edmund and Caroline, Gabriel DuVal bought the house and 95 acres from his mother's estate in 1892. He and his wife Elizabeth lived there with her two children and their four children. Elizabeth died in 1896; Gabriel sold the house in 1902 and moved his family to Baltimore.

William and Mary Bowie bought the house and 95 acres for $5,250 in 1902 . They owned the house until their deaths in 1930. Having no children they left the house and property to a nephew.

Hunter Bennett from West Virginia inherited the property in 1930. He never lived in the house but rented it as a tenant farm.

Tenants, the Dodd family lived at Marietta from 1935-1941. The first electricity and flush toilet were installed in 1936.

William and Mary-Eula Blair purchased the house and 95 acres in 1941. Among their improvements to the house were oak flooring over the worn and damaged pine floors, installing three full bathrooms, central heat and book shelves in the parlor.

The last private owners of the house were Paul and Margaret Hale Scherer. They continued improvements to the property. In the 1950's Mr. Scherer designed and built a geothermal central air conditioning system for the house. Members of the 1950's NASA "brain trust" met and socialized in the parlor of Marietta.

In 1968 the Scherers sold the house and 25 acres to the Maryland-National Capital Park and Planning Commission for $165,000 with a life tenancy clause. The Scherers that same year removed the old kitchen and built an apartment wing. They resided at Marietta until 1978 when they moved to Oregon.

In 1980 the National Quilting Association entered into an agreement to use the house as their headquarters. That agreement was terminated in 1983.

In 1985 the Prince George's County Historical Society were invited to make Marietta their headquarters. In 1989 with approval of the Commission they opened the house as a museum.

In 1991 the Commission hired the first part time museum manager.

The Life of Gabriel Duvall

Public Life

Read the law with John Hall in Annapolis 1772-'74

Admitted to the Prince George's County Bar in 1778

Admitted to the Annapolis' Mayor's Court by 1781

Admitted to Anne Arundel County Bar by 1783

Appointed Clerk of the House of Delegates 11/17/73; reappointed 3/74; and 1777.

Elected member of the Council of Safety in Annapolis 8/29/75 (Served 1775-77)

Clerk of the Maryland Convention (Executive body of the aforementioned) 1775

Named Musterman and Commissary of Stores for the Maryland Militia 1/3/76

Served in Md. Militia at Morristown and Brandywine

Elected Clerk of the Commission to Preserve and Sell Confiscated British Property 2/27/81

Elected Commissioner of the aforementioned 7/13/81 (Served as an agent of this Commission from 1781-1785)

Appointed Prosecutor of Mayor's Court (1781-1785)

Elected Recorder of Mayor's Court 10/8/87; Reelected 1/9/89; Reelected for terms 1790-1794 and again 1797-1799 and in1802

Selected as member of Governor's (William Paca) Council 11/21/82 (1782-1783); reappointed 11/27/83 (83-84); resigned 7/2/84 over law giving the Governor too much power

Elected member of Governor's (Wm. Smallwood) Council 11/25/85 (1785-1786); resigned 4/20/86

Elected Delegate to the Constitutional Convention in Philadelphia 4/23/87 - declined the position along with the other 4 persons elected with him; new elections were held for a different slate of five persons, three of whom eventually signed the U.S. Constitution.

Elected Delegate to the Md. General Assembly's House of Delegates 10/4/87 (1788-1789); one of two persons representing the city of Annapolis (Served 5 terms); Reelected 10/8/89 (1790-1791); Reelected 10/6/91 (1792-1793); Reelected 10/4/92 (1793-1794); Reelected 10/7/93 (1794-1795) Resigned to serve in the US House of Representatives

Clerk of the Annapolis Corporation Council , 1790-1794 and 1801-1802

Appointed Major in the Militia of Anne Arundel County 6/12/94

Elected Representative to the U.S. House of Representatives 5/ 23/94 upon the resignation of John Mercer representing the 2nd District of Maryland

Seated in Congress Hall, Philadelphia 5/31/94 , 3rd U.S. Congress; reelected for full term 10/10/94 (4th U.S. Congress); resigned seat 3/28/96

Appointed Judge of the Maryland General Court 4/2/96. (Served 1796-1802)

Elected 11/12/96 as an Elector in the Presidential election 1796 representing Anne Arundel County and Baltimore City. (Defeated Charles Carroll of Carrollton, 76 to 41) Controversy as Duvall was sitting judge and electors cannot hold positions of "public trust" and serve as electors) Duvall cast his vote for the losing Presidential candidate, Thomas Jefferson.

Reelected as Elector in 1800 representing the 5th District; defeated Jeremiah Chase in Baltimore City, 1,497 to 439. Total in District (Baltimore.& A. A. Co.) for G.D. - 2,379 votes. Again cast his vote, this time for the successful Presidential candidate, Thomas Jefferson

Appointed Elector to select Md. Senator to U.S. Senate. Convened 9/24/01 - Duvall elected President of the elector panel.

Named Commissioner (one of three) to ascertain Maryland's western and southern borders (boundaries with Virginia)

Appointed first Comptroller of the U.S. Treasury by President Thomas Jefferson, 12/15/02; Resigned 11/21/1811

Elected Trustee (one of 12) of "Permanent Institution for the Education of Youth in the City of Washington" (1st District of Columbia Public School board) 8/14/05

Appointed Chancellor and Judge of the Land Office 1806 DECLINED

Appointed Associate Justice of the U.S. Supreme Court by President James Madison 11/15/1811; confirmed 11/18/1811

First case heard 2/3/1812; Resigned 1/15/1835 and retired to Marietta

Private Life

Born December 6, 1752 to Benjamin (1719-1801) and Susannah Tyler (1718-1794 ) Duvall, probably at father's farm on the Northwest Corner of Darnall's Grove. Grandparents: Benjamin (c. 1687 -1774) and Sophia Griffith 1692-1730) Duvall. Great-grandparents: Mareen DuVal (called the Immigrant) who was born in France. He was a Huguenot and went to England to escape religious persecution. He changed his name to Duvall, indentured himself to John Covell and came to Maryland in the 1650's. He completed his indenture in 1659 and received 50 acres of land. By the time of his death in 1694 he was considered a gentleman and was a major landowner in Anne Arundel County. He married Susannah in 1673 and with her had seven children of whom Benjamin was the youngest.

Had 9 siblings; he was the 2nd son, 6th child

Received a classical education under tutelage of Alexander Irwin and Samuel Duvall Beck

Read the law in Annapolis under supervision of John Hall- 1772

Pledged funds for the building of St. John's College in Annapolis in 1786

Married Mary Brice (1761-1790) of Annapolis July 24, 1787

Only son Edmund Brice Duvall born January 25, 1790

Wife Mary died March 24, 1790

Pledged funds for the building of St. Anne's Church (Episcopal) in Annapolis, 1790

Sent infant son to family farm in Prince George's County to be raised by grandparents and aunts Sarah and Delilah

Married Jane Gibbon (1757-1834) of Philadelphia, May 5, 1795

Moved to Annapolis with Jane after resigning from Congress and accepting appointment to Maryland General Court, 1796

Official records and other documents showed that Duvall owned 9 enslaved people in 1799; his father owned 8. The 1828 tax list showed that he owned 34 enslaved people, and 37 enslaved people were listed in the inventory taken of his property after his death in 1844. In 1818 he advertised in the National Intelligencer on October 12 for an overseer to manage a farm of about 700 acres and 20 slaves. When Edmund and Augusta died their 9 slaves then belonged to their children. Six of them resided at Marietta.

Moved to Washington D.C. after accepting appointment as Comptroller of the US, 1802

Accepted appointment as Associate Justice on the United States Supreme Court, Nov. 1811

c. 1812-1815 began building Marietta on property owned in Prince George's County

Grandson Marcus born, December 3, 1824. Died January 1, 1873.

Grandson Edmund Bryce II born March 20, 1826. Died May 23, 1878

Granddaughter Mary Frances born April 6, 1827. Died in adulthood.

Granddaughter Gabriella Augusta born July 18, 1831

Daughter-in- law Augusta C. McCausland DuVal died October 7, 1832

Grandchildren, Marcus, Edmund and Gabriella came to Marietta to live under the guardianship of their grandfather, Gabriel Duvall. Granddaughter Mary Frances went to Norfolk, Virginia to live under the guardianship of her uncle John Southgate.

Wife Jane Gibbon Duvall died April 17, 1834

Gabriel Duvall died March 6, 1844 at Marietta. His remains are buried at the Duvall Memorial Garden on the grounds of Marietta.