FEDERAL COURTS, JUDGES, ATTORNEYS, AND MARSHALS IN MISSISSIPPI, 1798-1898.[96] BY THOMAS McADORY OWEN.
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FEDERAL COURTS, JUDGES, ATTORNEYS, AND MARSHALS IN MISSISSIPPI, 1798-1898.[96] BY THOMAS McADORY OWEN.
The Mississippi Territory was created by Act approved April 7, 1798.[97] This Act, limited in its provisions, authorized the President "to establish therein a government in all respects similar to that now exercised in the territory northwest of the river Ohio," excepting expressly the prohibitive provision respecting slavery.
TERRITORIAL COURTS.
The Ordinance of July 13, 1787, regulating the government of the Northwest Territory, authorized the appointment by the President of "a court to consist of three judges," "who shall have a common law jurisdiction," their commission to continue in force during good behavior. The governor and the judges were given a limited law making power. On May 7, 1798, just one month after the act of formation, the President commissioned the Governor and Secretary, and two judges—Daniel Tilton and Peter Bryan Bruin. On June 28, 1798, the third, Wm. McGuire, was commissioned as Chief Justice. Their law making labors ended disastrously, the enactments being generally condemned by the people as "repugnant to the established principles of jurisprudence derived from the common law of England." So great was the clamor against them that Congress advanced the Territory into the second grade of government, May 10, 1800. These obnoxious laws were in a few years repealed.[98]
The settled portions of the Eastern section of the Territory (now Alabama) were so remote from the Mississippi settlements proper as to make the duty of holding courts there very burdensome, and often courts were not held at all. Superior Courts were held in the District of Washington (now Washington County, Ala.,) on the 4th Monday in Sept., 1802, by Seth Lewis, Chief Justice, and on the first Monday in May, 1804, by Judge David Ker, making two only in four years. Congress, therefore, on March 27, 1804, passed a law providing an additional judge for the Territory, to have jurisdiction in Washington District, and to this position Harry Toulmin was appointed.
The "Great Bend of the Tennessee" having been thickly settled, and formed into Madison County (now in North Alabama,) Congress provided, March 2, 1810, a judge to have jurisdiction therein, and to this position Obadiah Jones was appointed. Both Toulmin and Jones served during existence of the territory.[99]
During the whole territorial period, 1798-1817 the nisi prius courts, and the appellate courts were held by these judges, three in what is now Mississippi, and two in what is now Alabama.[100]
For the three groups of judges in the Mississippi section, the following is the probable order of succession:
1. McGuire, Lewis, Rodney, Martin, Campbell, Poindexter.
2. Tilton, Ker, Jones, Mathews, Leake.
3. Bruin, Fitts, Simpson, Archer.
TERRITORIAL ATTORNEYS AND MARSHALS.
Until the Act of Congress, Feb. 27, 1813, providing for territorial attorneys and marshals, all persons holding these positions in Mississippi did so under local regulations. Following the passage of the law, appointees were named who seem to have held office during the remaining years of the territory.[101]
FEDERAL DISTRICT COURT.
The Act of April 3, 1818 marks the establishment in the State of the Federal Judiciary proper.[102] A judge, attorney and marshal were authorized. The judge was given authority to appoint a clerk. During its whole existence the number of judges has never been increased.
Natchez was appointed as the place for the sitting of the Court, twice annually, and so continued until March 3, 1835, when there was a change to Jackson, where sessions have since been held.[103]
From April 3, 1818, to June 18, 1838, the whole State constituted one District. On the latter date it was divided into the Northern, with the place of holding court fixed at Pontotoc, and the Southern District, with Jackson as the place for holding the sessions.[104]
On May 16, the place of holding courts in the Northern District was changed from Pontotoc to Oxford, where courts are now held.[105]
The subsequent changes, resulting in the present arrangement is as follows:[106]
By Act June 15, 1882, the Eastern Division of the Northern District was created, with Aberdeen as the place for holding courts.
Feb. 28, 1887, the Western Division of the Southern District was created, with Vicksburg as the place for holding courts.
April 4, 1888, Southern Division, Southern District, was created, with Mississippi City as the place for holding courts.
July 18, 1894, Eastern Division Southern District, was created, with Meridian as the place for holding courts.
On the secession of Mississippi in 1861, Judge Samuel J. Gholson resigned. Mr. Lynch makes this observation on the court during the civil war period:[107]
"When the Confederate Government was inaugurated Judge Clayton was appointed to the bench of the Confederate District Court for Mississippi, and held that position until the close of the war. There was during this period, of course, but little civil business before his court, and only one point of a general interest in the laws of war was decided by him, which was, that when the Government was powerless to protect, it had no power to punish."
JUDGES.
Territorial.
Daniel Tilton, of New Hampshire, commissioned, May 7, 1798.[4]
Peter Bryan Bruin, of Mississippi, May 7, 1798.[108]
William McGuire, Chief Justice, of Virginia, June 28, 1798.[109]
Seth Lewis, of Tennessee, Chief Justice, May 13, 1800.[110]
David Ker, of Mississippi, temporary commission, Nov. 2, 1802, permanent commission Jan. 25, 1803.[111]
Thomas Rodney, of Delaware, temporary commission, July 12, 1803, permanent commission, Nov. 18, 1803.[112]
Ephriam Kirby, of Connecticut, temporary commission, April 6, 1804.[113]
Harry Toulmin, of Kentucky, Nov. 22, 1804.[114]
Obadiah Jones, of Georgia, Mar. 3, 1805.[115]
George Matthews, Jr., of Georgia, temporary commission, July 1, 1805.[116]
Walter Leake, of Virginia, Mar. 2, 1807.[117]
Francis Xavier Martin, of North Carolina, Mar. 7, 1809.[118]
Obadiah Jones, of Georgia, Mar. 6, 1810.[119]
Oliver Fitts, of North Carolina, Apr. 18, 1810.[120]
David Campbell, of Tennessee, Mar. 3, 1811.[121]
Josiah Simpson, of New Jersey, Feb. 18, 1812; also Feb. 9, 1816.[122]
George Poindexter, of Mississippi, Mar. 3, 1813.[123]
Stevenson Archer, of Maryland, Mar. 6, 1817.[124]
Federal District.
William Bayard Shields, of Mississippi, April 20, 1818.[125]
Peter Randolph, of Miss., temporary commission, June 25, 1823, permanent commission, Dec. 9, 1823.[126]
Powhatan Ellis, of Miss., July 14, 1832.[127]
George Adams, of Miss., Jan. 20, 1836.[128]
Samuel J. Gholson, of Miss., Feb. 13, 1839.[129]
Confederate District.
Alexander M. Clayton, ——, —— 1861.[130]
Federal District.
Robert Andrew Hill, of Oxford, Miss., May 1, 1866, resigned Aug. 1, 1891.[131]
Henry C. Niles, of Kosciusko, Miss., temporary commission, Aug. 11, 1891, permanent commission, Feb. 15, 1892, oath taken, Feb. 15, 1892.[132]
ATTORNEYS.[133]
Thomas D. Anderson, July 29, 1813.
William Crawford, Dec. 10, 1814.[134]
Bela Metcalfe, Apr. 20, 1818.[135]
William B. Griffith, March 13, 1822, and also Dec. 22, 1825.[136]
Felix Houston, Jan 9, 1828.[137]
George Adams, March 3, 1830, and also May 12, 1834.[138]
Richard M. Gaines, Jan. 20, 1836.
Northern District.
Samuel F. Butterworth, June 25, 1838.
Oscar F. Bledsoe, Jan. 13, 1841, and also Feb. 8, 1845.
Andrew K. Blythe, Dec. 18, 1848.
Woodson L. Ligon, Aug. 27, 1850.
Nathaniel S. Price, April 1, 1853.
Jehu A. Orr, May 31, 1854.
Flavius J. Lovejoy, March 12, 1857.
Southern District.
Richard M. Gaines, July 9, 1840, March 13, 1844, and also March 22, 1848.
Horatio J. Harris, Aug. 10, 1850; Aug. 4, 1854, and also March 7, 1859.
Carnot Posey, temporary commission, Nov. 4, 1859, permanent commission, Jan. 30, 1860.
MARSHALS.[139]
John Hanes, of Mississippi, July 29, 1813.[140]
Henry G. Johnson, of Mississippi, April 20, 1818.[141]
Walter M. Leake, March 1, 1820.
Charles M. Norton, temporary commission, Nov. 22, 1823, permanent commission, Dec. 9, 1823.
John H. Norton, Jan. 3, 1825, and also Jan. 2, 1829.
Anthony Campbell, May 28, 1830.
Samuel W. Dickson, temporary commission, Jan. 18, 1832, permanent commission, Dec. 11, 1832.
William M. Gwin, temporary commission, Oct. 12, 1833, permanent commission, June 30, 1834, and also June 26, 1838.[142]
Northern District.
Adolphus G. Weir, June 25, 1838.
Alexander K. McClung, temporary commission, April 15, 1841, permanent commission, Aug. 14, 1841.
Andrew A. Kincannon, March 12, 1845.
John Rayburn, Dec. 18, 1848.
William McQuiston, May 16, 1850.
Charles R. Jordan, April 6, 1853.
William H. H. Tison, temporary commission, April 21, 1857, permanent commission, May 17, 1858.
Southern District.
Fidelis S. Hunt, Jan. 13, 1841.
Anderson Miller, temporary commission, April 15, 1841, permanent commission, July 22, 1841.
Thomas Fletcher, temporary commission, March 24, 1845, permanent commission, Feb. 24, 1846.
Fielding Davis, March 20, 1850.
Richard Griffith, April 4, 1853, and also temporary commission, April 21, 1857, permanent commission, May 15, 1858.