John Bannister Gibson

John Bannister Gibson (1780-1853) was born at Westover Mills, Pennsylvania and attended Dickinson College, Carlisle, until 1797. He was admitted to the Cumberland County Bar in 1803 and practiced with small success in Carlisle and Beaver, Pennsylvania.  He served in the state legislature from 1810 to 1812. Gibson was named president judge of the newly organized 11th judicial district of the court of common pleas by Governor Snyder in 1813. He was promoted to Associate Justice of the Pennsylvania Supreme Court in 1816 and served in that capacity until he was appointed chief justice in 1827 upon the death of Tilghman. Gibson served in that capacity until 1851, and he stayed on the Court for two more years as associate justice until his death in Philadelphia on May 3, 1853.

Gibson's range of knowledge was remarkable. He was known as a profound student of Shakespeare. He read French and Italian literature. He knew medicine and the fine arts. Gibson was a skilled mechanic.  An excellent piano tuner, he was even a competent dentist.

Major Works

Gibson was best known for his opinion in De Chatellux v. Fairchild (3 Harris 18) which laid down the limits of legislative power in regard to state courts. "The legislature," he said, "has no power to order a new trial, or to direct the court to order it, either before or after judgment. The power to order new trials is judicial; but the power of the legislature is nor judicial. It is limited to the making of laws; not the exposition or execution of them.... It has become the duty of the court to temporize no longer, but to resist, temperatively, though firmly, any invasion of its province, whether great or small." 3 Harris at 20-21.

His other important opinions include Commonwealth v. Green & Others (4 Wharton 531), Donoghue v. The County (2 Barr 231) and three outstanding property law cases: Lyle et al. v. Richards (9 Sergeant and Rawle 322), Hillyard v. Miller (10 Barr 326) and Hileman et al. v. Bouslaugh (1 Harris 344). Gibson's opinions were known for their clarity and brevity. "He said neither more nor less than just the thing he ought ... in language which could never afterwards be paraphrased." Chief Justice Black, 7 Harris 12.