For all of Duvall's tenure, John Marshall presided as Chief Justice. In only three cases does the record show the two men holding different opinions. Duvall dissented without opinion in Dartmouth College v. Woodward (1819) and Evans v. Eaton (1822),Evans v. Eaton, 20 U.S. (7 Wheat.) 356, 452 (1822) (Duvall, J., dissenting). and with opinion in Queen v. Hepburn (1813).Queen v. Hepburn, 11 U.S. (7 Cranch) 290, 298 (1813) (Duvall, J., dissenting). In Dartmouth College, Duvall issued his sole "opinion" in a constitutional case. The notation in the United States Reports reads in full: ", Justice, dissented."Trs. of Dartmouth College v. Woodward, 17 U.S. (4 Wheat.) 518, 713 (1819) (Duvall, J., dissenting). In Queen v. Hepburn,Mima Queen & Louisa Queen v. John Hepburn, O Say Can You See: Early Washington, D.C., Law & Family (accessed Nov. 4, 2015) This case page includes legal records and proceedings from the Queen case including a Supreme Court Report outlining Duvall’s dissent. Duvall would have authorized the Circuit Court for the District of Columbia to accept hearsay evidence proving the emancipation of a slave by her owner, but the rest of the Court, per the Chief Justice, decided against it.
