Spencer Roane

[1][2] His grandfather, William Roane, of Scots-Irish descent, had emigrated from Ireland like his three brothers circa 1741 to Gloucester County, Virginia, and married a local woman, with whom he had six children.

As discussed further below, William married Judith Ball, who gave birth to a son Thomas, and then Spencer, who was named after a maternal relation.

[4] Roane also became a member of the relatively new Phi Beta Kappa Society, then a literary and oratory association, along with future U.S. Supreme Court justices Bushrod Washington and John Marshall.

[6] Both Spencer Roane and his former schoolmate John Marshall entered politics soon after beginning their legal careers, and each won election to the Virginia House of Delegates from different districts in 1783.

One of Roane's first legislative proposals was a petition asking that charges against his constituents be dismissed because the peace treaty with Britain had been signed in the fall, months after the incident.

His only recorded dissent concerned an attempted removal of a justice of the peace for misconduct, which Roane thought interfered with the separation of powers.

In fact, some considered Roane the leader of the state's Republican party, and he participated in various activities with Thomas Jefferson, including selecting the site for the University of Virginia.

Roane gained reputations for advocating States' Rights, as well as for opposing U.S. Supreme Court Chief Justice John Marshall.

This disagreement was partly political, because President John Adams appointed Marshall after losing the contested election, and President-elect Thomas Jefferson was rumored to favor Roane for the position.

In 1815, Roane defied the U.S. Supreme Court's decision in Martin v. Hunter's Lessee, which he feared marked a drift toward abolition of slavery.

[citation needed] In 1819, Roane editorialized (under the pen names "Hampden" and "Amphictyon") against Marshall and the U.S. Supreme Court's decision in McCulloch v.

He believed that the federal courts could not entertain lawsuits against states without their consent under tenth and eleventh amendments to the US Constitution, and wrote several opinions foreshadowing the Nullification Crisis.

[citation needed] Twice in his lifetime, Judge Roane was appointed to committees to revise Virginia's laws, including the slave codes.

[27] Spencer Roane became ill in March, 1822 and, realizing that his "indisposition" was not going away, wrote his last will and testament, as well as traveled to hot springs in Bath, Virginia, where he spent the summer trying to regain his health.