USA > Tennessee > Williamson County > History of Tennessee, from the earliest time to the present; together with an historical and a biographical sketch of Maury, Williamson, Rutherford, Wilson, Bedford and Marshall counties, besides a valuable fund of notes, reminiscences, observations, etc., etc. Vol. 1 > Part 43
USA > Tennessee > Maury County > History of Tennessee, from the earliest time to the present; together with an historical and a biographical sketch of Maury, Williamson, Rutherford, Wilson, Bedford and Marshall counties, besides a valuable fund of notes, reminiscences, observations, etc., etc. Vol. 1 > Part 43
USA > Tennessee > Rutherford County > History of Tennessee, from the earliest time to the present; together with an historical and a biographical sketch of Maury, Williamson, Rutherford, Wilson, Bedford and Marshall counties, besides a valuable fund of notes, reminiscences, observations, etc., etc. Vol. 1 > Part 43
USA > Tennessee > Wilson County > History of Tennessee, from the earliest time to the present; together with an historical and a biographical sketch of Maury, Williamson, Rutherford, Wilson, Bedford and Marshall counties, besides a valuable fund of notes, reminiscences, observations, etc., etc. Vol. 1 > Part 43
USA > Tennessee > Bedford County > History of Tennessee, from the earliest time to the present; together with an historical and a biographical sketch of Maury, Williamson, Rutherford, Wilson, Bedford and Marshall counties, besides a valuable fund of notes, reminiscences, observations, etc., etc. Vol. 1 > Part 43
USA > Tennessee > Marshall County > History of Tennessee, from the earliest time to the present; together with an historical and a biographical sketch of Maury, Williamson, Rutherford, Wilson, Bedford and Marshall counties, besides a valuable fund of notes, reminiscences, observations, etc., etc. Vol. 1 > Part 43
USA > Tennessee > History of Tennessee from the earliest time to the present , together with an historical and a biographical sketch of from twenty-five to thirty counties of east Tennessee, besides a valuable fund of notes, original observations, reminiscences, etc., etc. V. 1 > Part 43
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The General Assembly, which convened after the adoption of the constitution in 1835, passed an act establishing a supreme court with the same jurisdiction it had previously possessed; also chancery, circuit and county courts. The State was divided into three chancery divisions, for each of which a chancellor was appointed. These divisions were in turn divided into chancery districts, there being nine in East Tennessee, fif -. teen in Middle Tennessee and six in West Tennessee. Chancery courts, however, were not held in many of the counties until several years after the passage of this act.
The circuit courts were made courts of general jurisdiction. and were given exclusive jurisdiction in all cases triable by jury, both criminal and civil, which had previously come before the county court. The State was divided into eleven judicial circuits as follows: First Circuit, Greene, Washington, Sullivan, Johnson, Hawkins, Grainger and Claiborne Coun- ties. Second, Cooke, Jefferson, Sevier, Blount, Knox, Campbell. Anderson and Morgan. Third, Roane, Rhea, Meigs, Bledsoe, Marion, Hamilton, McMinn and Monroe. Fourth, Smith, Overton, White, Jackson, Fentress and Warren. Fifth, Wilson, Rutherford, Bedford, Coffee and Franklin. Sixth, Williamson, Davidson and Sumner. Seventh, Dickson, Hickman Humphreys, Stewart, Montgomery and Robertson. Eighth, Lincoln, Giles, Maury and Lawrence. Ninth, Henry, Weakley, Obion, Dyer, Gib-
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.son, Carroll and Benton. Tenth, Perry, Henderson, Madison, Haywood, Tipton and Lauderdale. Eleventh, Shelby, Fayette, Hardeman, McNairy, Hardin and Wayne. County courts were established to be held by all the magistrates in the county, but one-third of them were made a quo- rum to transact all business except the levying of taxes and the appro- priating of sums amounting to more than $50. The same jurisdiction was given to the single justice that he had previously exercised.
In 1837 three new judicial circuits were established, the Twelfth con- sisting of Cocke, Sevier, Jefferson, Grainger, Claiborne and Campbell; the Thirteenth, of Warren, Lincoln, Franklin and Coffee; and the Four- teenth of Lawrence, Wayne, Hardin, Perry, Carroll and Benton. At the same time the counties of Monroe and Roane were attached to the Second Circuit. In 1843 criminal courts were established in Shelby and David- son Counties, and were given exclusive jurisdiction over all crimes and misdemeanors. Similar courts were established in Montgomery, Ruther- ford and Wilson Counties in 1848. Sections 3 and 5 of Article VI of the constitution were amended to road as follows:
SEC. 3. The judges of the Supreme Court shall be elected by the qualified voters of the State at large, and the judges of such inferior courts as the Legislature may establish shall be elected by the qualified voters residing within the bounds of any district or circuit to which such inferior judge, or judges, either of law or equity may be assigned, by ballot, in the same manner that members of the General Assembly are elected. Courts may be established to be holden by Justices of the Peace. Judges of the Supreme Court shall be thirty-five years of age, and shall be elected for the term of eight years.
SEC. 5. An Attorney-General for the State shall be elected by the qualified voters of the State at large, and the Attorney for the State, for any circuit or district to which a judge of an inferior court may be assigned, shall be elected by the qualified voters within the bounds of such district or circuit in the same manner that members of the General Assembly are elected ; all said attorneys, both for the State and circuit or district, shall hold their offices for the term of six years. In all cases where the attorney for any dis- trict fails or refuses to attend and prosecute according to law, the court shall have power to appoint an attorney pro tempore.
Upon the reorganization of the supreme court in 1835, William B. Turley, William B. Reese and Nathan Green were elected judges, all of whom had resigned previous to the adoption of the above amendment, Judge Reese in 1848, Turley in 1850, and Green in 1852. Their places were supplied by the election of Robert J. Mckinney, A. W. O. Totten and Robert L. Caruthers. At the election in 1853, these men were all re-elected by the people. Judge Totten resigned two years later and William R. Harris was elected to succeed him. The latter continued to hold the office until his death on June 19, 1858, when Archibald Wright was chosen to fill the vacancy. " In 1861. Judge Caruthers resigned, and was succeeded by William F. Cooper. During the civil war no term of this court was held, and nearly all of the inferior courts were also sus-
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pended. At the close of hostilities Gov. Brownlow declared the supreme- bench vacant and appointed Samuel Milligan, J. O. Shackleford and Alvin Hawkins as judges. In 1867 Judge Shackleford resigned, but dur- ing the following year was reappointed, Horace H. Harrison having held the office during the interim. During 1868 both Hawkins and Mil- ligan presented their resignations, and their places were filled by the appointment of Henry G. Smith and George Andrews. In May of the next year there was an election by the people under the restricted suffra- ges which then prevailed, and George Andrews, Andrew .McLain and Alvin Hawkins were chosen judges.
The new constitution of 1870 made but little change in the judicial system, except to increase the number of judges of the supreme court to five; a large number of cases had accumulated, owing to the immense amount of litigation immediately following the war; and to expedite bus- iness, it was provided, that at the first election six judges should be chosen, and that they should be divided into two sections, who should hold court simultaneously in the same division of the State. It was fur- ther provided, should any vacancy occur after January 1, 1873, it should remain unfilled. An election was held in August, 1870, at which the judges chosen were Alfred O. P. Nicholson, James .W. Deaderick, Peter Turney, Thomas A. R. Nelson, John L. T. Sneed, and Thomas J. Free- man. The first named was chosen chief justice, which position he held. until his death, in 1876, when James W. Deaderick, the present incum- bent, succeeded him. In 1871 Judge Nelson resigned and was suc- ceeded by Robert McFarland. At the election in August, 1878, all of the judges then on the bench were re-elected, with the exception of J. L. T. Sneed, whose place was filled by William F. Cooper. The large number of cases coming before the supreme court impelled the Legis- lature, in 1875, to pass an act providing for the appointment of a special commission, to try causes referred to them, upon the written agreement of all the parties to the suit, or of their attorneys. Their decisions were made final, but were submitted to the supreme court for approval. This commission was appointed to sit for a few months only, at Jackson and Memphis. By a similar act passed two years later, two commissions were appointed, one to sit at Nashville, and the other at Jackson, from May until December of that year. In 1883 a court of referees was es- tablished for each of the three grand divisions of the State, to hear civil causes, and to present a statement of each to the supreme court for a final decision, privilege being given to either party to the suit, dissatis- fied with the decree of the referees, to file objection to it. The judges appointed for Middle Tennessee were W. L. Eakin, W. C. Caldwell and
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HISTORY OF TENNESSEE.
John Tinnon; for East Tennessee, John Frizzell, John L. T. Sneed and R. T. Kirkpatrick; for West Tennessee, D. A. Snodgrass, John Bright. and John E. Garner. Judge Garner resigned in July, 1883 and was suc- ceeded by E. L. Gardenhire. The court of referees for the eastern and western divisions of the State expired by limitation January 1, 1885, and the one for Middle Tennessee, April 30, 1886. The present su- preme court consists of the following judges: James W. Deaderick, Peter Turney, Thomas J. Freeman, W. F. Cooper and J. B. Cooke.
In many of the States within the past few years, the distinction be- tween law and equity courts has been abolished, and equity jurisdiction given to the law courts. The same has been done in Tennessee, to some extent, with this difference, that law jurisdiction has been given to equity courts. In 1877 an act was passed conferring upon the chancery court concurrent jurisdiction with the circuit court of all civil cases, except for injuries to person, property or character, involving unliquidated damages. . A large number of suits are, therefore, brought in the chan- cery court, since upon appeal they are tried de novo by the supreme court. In 1870 the State was divided into twelve chancery districts, for each of which a chancellor is elected. Several special courts, probate, criminal and others, have been established to meet the wants of towns, and the more populous counties. In 1870 the law court of Nashville was established to have concurrent jurisdiction with the circuit court of Davidson County, and to be held quarterly. It continued until 1877, when it was abolished.
The jurisdiction of the circuit courts has not been materially changed since the adoption of the constitution of 1834; but owing to the creation of new counties, the judicial circuits have been subject to frequent alterations. As now constituted they are as follows: First Circuit-Carter, Greene, Hancock, Hawkins, Johnson, Sullivan, Unicoi and Washington. Second Circuit-Claiborne, Campbell, Grainger, Union, Hamblen, Jef- ferson, Cocke, Anderson and Sevier. Third Circuit-Blount, Monroe, Lou- don, Roane, Morgan and Scott. Fourth Circuit-Bradley, Polk, Meigs, Rhea, Bledsoe, Sequatchie, Marion, Hamilton, McMinn and James. Fifth Circuit -- Pickett, Fentress, Cumberland, Putnam, Overton, Clay, Jackson, Smith, Macon and Trousdale. Sixth Circuit-Van Buren, Grundy, Frank- lin, Coffee, Warren, Moore, Lincoln, De Kalb and White. Seventh Cir- cuit-Davidson, Williamson and Cheatham. Eighth Circuit-Wilson, Rutherford, Cannon, Bedford and Marshal. Ninth Circuit-Maury, Giles, Lawrence, Wayne, Hardin, Lewis and Hickman. Tenth Circuit-Sumner, Robertson, Montgomery, Stewart, Houston, Dickson and. Humphreys. Eleventh Circuit-McNairy, Chester, Madison, Henderson, Decatur and
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HISTORY OF TENNESSEE.
Perry. Twelfth Circuit-Obion, Weakley, Henry, Carroll, Gibson, Crock- ett, Haywood and Benton, Thirteenth Circuit-Hardeman, Fayette, Tip- ton, Lauderdale, Dyer and Lake. Shelby County constitutes the Four- teenth Circuit; it also has a criminal court. Knox County has a criminal court, the judge of which presides over the circuit court of that county. Davidson and Rutherford, each have a criminal court; but both are pre- sided over by the same judge. Montgomery County also has a criminal court.
By the act of 1885, the State is also divided into eleven chancery divis- ions as follows: First-Johnson, Carter, Washington, Sullivan, Hawkins, Greene, Hancock, Claiborne, Jefferson, Cocke, Hamblen, Unicoi and Grainger. Second-Knox, Campbell, Sevier, Union, Anderson, Blount, Roane, Loudon, Morgan, Scott. Third-Bradley, Polk, Rhea, Marion, McMinn, Hamilton, Monroe, Meigs, Bledsoe, Sequatchie, Van Buren, Coffee, Grundy. Fourth-Warren, Cannon, Rutherford, Bedford, Frank- lin, Lincoln, Moore and Marshall. Fifth-Cumberland, Fentress, Pickett, Overton, Clay, Jackson, Putnam, White, De Kalb, Smith and Macon. Sixth-Davidson, Williamson. Seventh-Maury, Giles, Lawrence, Lewis, Wayne, Hickman, Hardin, Perry, Decatur, Dickson, Benton. Eighth- Sumner, Robertson, Montgomery, Wilson, Stewart, Houston, Cheatham, Humphreys and Trousdale. Ninth-Hardin, McNairy, Chester, Madi- son, Crockett, Henderson, Carroll and Henry. Tenth-Fayette, Tipton, Haywood, Lauderdale, Dyer, Obion, Weakley, Gibson, Eleventh- Shelby.
The act creating Tennessee a judicial district was passed by the Fifth Congress, and was approved January 31, 1797. The first session of the court was ordered to be held at Nashville, on the first Monday of the fol- lowing April, and thereafter, quarterly, at Knoxville and Nashville, alter- nately. For some reason the court was not organized until July. The following is the first entry in the records of this court: "Be it remem- bered that on the third day of July, 1797, a commission from the Presi- dent of the United States, and under seal thereof, directed to John McNairy, Esq., to be judge of the court of the United States for the district of Tennessee, bearing date the twentieth of February, 1797, was produced and read, whereupon Archibald Roane, a judge of the superior court of law and equity, in and for the State of Tennessee, administered to the said John McNairy the oath to support the Constitution of the United States and the oath of office." Robert Hays produced his com- mission as marshal and qualified, giving James White and Willie Blount as his securities; Thomas Gray, qualified as United States Attorney, and appointed Henry Brazeale his deputy. Randal MeGavock was appointed
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FROM PHOTO BY THUSS KDELLEIM & GIERS.NASHVILLE
FELIX GRUNDY
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HISTORY OF TENNESSEE.
clerk of the court. No other business was transacted at this session except to admit W. C. C. Claiborne to practice, and nothing more was done except to open and adjourn the court until April, 1798, at which time the following grand jury was empaneled: Daniel Smith, foreman; Joel Rice, Thomas James, Abram Maury, John Nichols, John Hoggatt, William Turnbull, John Donelson, Thomas Smith, George Ridley, Edmund Gamble, John Childress, Sr., Alexander Ewing, James Mulher- rin, and Jones Manifee. The jury brought in bills of indictment against Robert Trimble and :chibald Lackey for entering the Cherokee coun- try without obtaining a pass. They were tried at the October term and fined $25 and $10, respectively. In 1801 Tennessee was divided into two districts, and at the same time the Sixth Judicial Circuit was estab- lished to consist of the districts of East and West Tennessee, Kentucky and Ohio. The court was made to consist of one circuit judge, and the judges of the districts of Kentucky and Tennessee, two of whom consti- tuted a quorum. The first session of this court was begun and held at. Nashville, April 20, 1802. James Robertson administered the oath of office to Henry Innis, of Kentucky, and John McNairy, of Tennessee, as judges of the circuit court. Robert Hays qualified as marshal, and Randal McGavock, as clerk. At the October term William McClung was admitted as judge of the circuit court and presiding judge. The act of 1802 was repealed in 1807, and the Seventh Circuit, embracing Ohio, Kentucky and Tennessee, was established. The court convened June 15, 1808, Thomas Todd, associate justice, and John McNairy, district judge, being present. Robert Searcy was elected clerk, and John Childress qualified as marshal. But little business of importance was transacted by this court for several years. In 1827 Judge Todd was succeeded by Robert Trimble as associate justice.
John McNairy continued judge of the district of Tennessee until 1834, when he was succeeded by Morgan W. Brown, who held the office until 1853. In 1838 an act was passed requiring a session of the dis- trict court to be held at Jackson in September of each year. The fol- lowing year the territory west of the Tennessee River was constituted a separate district. One judge continued to preside over the courts of the three districts of the State until 1877, when E. S. Hammond was appointed judge for the district of West Tennessee. In 1853 West H. Humphreys was appointed district judge for Tennessee by President Pierce. He continued to hold the office until 1861, when he accepted a commission as judge under the Confederate Government. He was then convicted on a trial of impeachment by the United States Senate, and Connolly F. Trigg was appointed to succeed him. No session of the district court was held at
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HISTORY OF TENNESSEE.
Nashville from April, 1861, until June 3, 1862. The following is in the records at the opening of the court on that day: "Be it remembered that on the third day of June, eighteen hundred and sixty-two, the Dis- trict Court of the United States for the district of Middle Tennessee, was opened for the transaction of business. Present, the Hon. John Catron, associate justice of the Supreme Court of the United States, assigned to hold court in the Eighth Circuit, and authorized by law to hold the United States District Court for this district in the absence of the district judge. Present, also, H. H. Harrison, clerk, and E. R. Glasscock, marshal." At the March term, 1863, it was ordered by the court that no attorney be allowed to practice who had not taken the oath to support the constitu- tion, since the restoration of Federal authority in the district. Accord- ingly several attorneys appeared and took the oath. During the three or four years following the attention of the court was chiefly occupied with cases of conspiracy and confiscation. On July 15, 1862, an act was passed increasing the number of associate justices of the United States. Supreme Court, which also increased the number of judicial circuits, the States of Louisiana, Texas, Arkansas, Kentucky and Tennessee being constituted the Sixth Circuit. In 1866 the circuits were again changed, and Ohio, Michigan, Kentucky and Tennessee have since formed the: Sixth Circuit. H. H. Emmons was appointed circuit judge in 1869, and continued in the office until 1877, when he was succeeded by John Baxter. Judge Baxter died in April, 1886, and was succeeded by Howell E. Jackson.
The bench and bar of Tennessee have always been able to challenge- comparison with that of any other State in the Union in point of ability, and especially was this true during the early part of the present century. The data for the characterization of some of the most eminent lawyers and jurists has been obtained from personal recollection and from various publications. Of those who were identified with the courts while they were yet under the authority of North Carolina, and later under the Territorial government, none occupied a higher position in the estima- tion of the people than Col. David Campbell, who, it has been said, "left the savor of a good name wherever he was known." For some twenty- five years of his life, he was in the public service, either as judge or legislator, and was ever distinguished for his wise council, and sound judgment. He was a judge of the superior court under the authority of North Carolina, both before and after the existence of the State of Franklin, under which he also held the same position .. In the spring of 1790 he was appointed Territorial judge by the President, which office. he held until the organization of the State. Upon the resignation of
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HISTORY OF TENNESSEE.
W. C. C. Claiborne, a judge of the superior court in 1797, he was ap- pointed to fill the vacancy, and continued on the bench until the abolition of the court. He was soon after made one of the judges of the Missis- sippi Territory, and died in the fall of 1812. Associated with him upon the bench of the Superior Court of North Carolina, and also as a Terri- torial judge, was John McNairy, a man some years his junior, but not his inferior in point of ability. Judge McNairy organized the first superior court west of the Cumberland Mountains, and on his journeys through the wilderness from Jonesboro to Nashville he had several narrow escapes from the Indians, and on one occasion lost his horses, camp equipage and clothing. He continued upon the bench of the superior court after the organization of the State for about a year, when he was appointed district judge of the Federal courts for Tennessee, which office he held until 1834. He died three years later at an advanced age, having served upon the bench for the extraordinary period of forty-six years. His whole judicial service was distinguished by a disregard of persons and parties, and an unswerving devotion to truth and justice. The following epitaph, written by his nephew, is very appropriate:
In council wise, of artless mind, E'er honest he and passing kind; Fair Peace through life her smiles did lend; None knew but loved this gentle friend.
Accompanying Judge McNairy on his first trip to hold court at Nash- ville in 17SS was a young man just entering upon the practice of law, and who subscribed himself A. Jackson .* It proved to be a most oppor- tune arrival for the young advocate, as his peculiar talents were in de- mand at that time. "The only licensed lawyer in West Tennessee being engaged in the service of the debtors, who, it seems, made common cause against their common enemy, the creditors,{" Attorney Jackson was made public prosecutor, and immediately secured a large patronage from the creditor class, whose rights he fearlessly championed. He continued the practice of his profession without interruption until the organization of the State, after which he was almost continuously in the public service until the close of his .presidential term. He was upon the bench of the supreme court for a period of six years, but neither as a lawyer nor as a jurist can he be said to have exhibited any great ability, although there is
*Previous to the appointment of John McNairy to be judge of the superior court, the office, in 1781, as stated by Haywood, was tendered to a " young man of the age of twenty-four years." Putnam, in his history of Middle Tennessee, page 235, quotes the passage referred to and adds: "This same ' young man' advanced iu years, increased in qualifications, attained to honors aud office, until he received for eight consecutive years from the people of the United States and the national treasury a salary of twenty-five thousand dollars per an- hum. Such was the career of Judge Jackson, the ' young man,' and Gen. Jackson, hero of New Orleans and President of the United States." As Gen. Jackson was born in 1767, at the time the appointment to the office was made he was only seventeen years of age, which would clearly indicate that Putuam was mistaken as to tbe identity of the " young man. "
tParton's Life of Jackson.
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HISTORY OF TENNESSEE.
little doubt that, had he chosen to devote himself to the study of his pro- fession with the unremitting diligence necessary to the acquisition of deep and varied legal knowledge, he might have attained very high rank. His temper, however, was too fiery and impetuous and his inclination to an over-hasty avowal of expressions, which had not solidified into opin- ions, too great to have secured for him the reputation of a sound and im- partial judge. Gen. Jackson and Judge McNairy were closely associated for many years, but the removal of Gen. Robertson from the Chickasaw agency through the influence of the latter, produced a breach between them which was never entirely healed.
John Overton, the successor of Gen. Jackson upon the bench of the superior court, was a native of Virginia, where he received his education. Before attaining his majority he removed to Kentucky, and there began the study of law. After completing his legal education he came to Ten- nessee and opened an office at Nashville in 1798. The litigation at that time was chiefly concerning the titles to real estate, and the best lawyers made that part of their practice a specialty. Judge Overton at once ob- tained a large practice, which he held until he was transferred to the bench in 1804. "During the protracted period of his service upon the bench he delivered many able and luminous opinions, which are yet held in high respect in the courts of Tennessee and the adjoining States ; opin ions bearing conclusive evidence of deep legal learning, of unsurpassed labor and research, and of a vigorous and elastic intellect. Judge Over- ton's knowledge of the common law was such as few of his contempo- raries had succeeded in acquiring, and his mind seemed to be singularly adapted to the disentangling of complex questions of mixed law and fact, and to the attainment of sure and satisfactory conclusions by processes which owed their effectiveness far more to the exercise of a solid and penetrating common sense than to the often misapplied rules of a subtle
and artificial logic."* ·After his retirement from the bench in 1816 he again entered into the field of litigation, where he continued to add to the already high reputation which he had acquired as a judge.
The successor of Judge Overton was Robert Whyte, a native of Scot- land, and a very excellent lawyer and judge. He continued to serve up- on the bench of the supreme court until the adoption of the new consti- tution, in 1834, when he retired from public life. He was a laborious and accurato lawyer, and, like most of his countrymen, exceedingly tena- cious of his views and opinions.
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