Barron v Baltimore
32 U.S. 243

outline and notes prepared by
Dr. Edward C. Papenfuse,
5/20/2004 (revised, 9/11/2006)

Note:  Please Cite as:   Papenfuse, Edward C. Outline, Notes and Documents Concerning Barron v Baltimore, 32 U.S. 243, (last accessed on: ...), [followed by ebook page number, where appropriate]

Constitutional Issues:

Declaration of Rights, Maryland State Constitution, 1776

21. That no freeman ought to be taken, or imprisoned, or disseized of his freehold, liberties or privileges, or outlawed, or exiled, or in any manner destroyed, or deprived of his life, liberty or property, but by the lawful judgment of his peers, or by the law of the land.
Source: (accessed 2003/01/28)

Fifth Amendment to the U. S. Constitution- Rights of Persons

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Source: (accessed 2003/01/28)

Primary Sources:

Text of Barron v Baltimore from Lexis (1833 U.S. Lexis 346)


Text of Mayor and City Council of Cumberland v Asabel Willison (1878 Md. Lexis 148)


Secondary Sources:

Rhodes, Irwin S.  The Papers of John Marshall, A Descriptive Calendar (Norman: University of Oklahoma Press, 1969), excerpts re: Barron v Baltimore

White, G. Edward.  The Oliver Wendell Holmes Devise History of the Supreme Court of the United States, Volumes III-IV, The Marshall Court and Cultural Change, 1815-1835 (New York: Macmillan Publishing Company, 1988), excerpts re: Barron v Baltimore

Friendly, Fred W. and Martha J. H. Elliott.  The Constitution That Delicate Balance (New York: Random House, 1984), "Barron's Wharf: the First Test of the Bill of Rights," pp. 3-16

Curtis, Christopher M., unpublished paper on Barron v Baltimore, 1999


For the wharf owners:

David Hoffman, lead lawyer for Craig and Barron, biographical sketch by Bill Sleeman, University of Maryland School of Law (last accessed, 9/11/2006):  Local Link

For the City of Baltimore:

Roger Brooke Taney (who Marshall refused the opportunity to address the Supreme Court and instead dismissed the Appeal).  Taney would replaced Marshall as Chief Justice of the United States.