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Thomas Reid, Jr. et al. Whereas, upon an inspection of the printed argument of Thomas Washington, Esq., of counsel for the plaintiffs in error in this cause, it appears to the court that some of the pas. sages thereof, and more particularly those on pages 112, 113, 114, 116, 117, 118, 119, 122, 123, 124, 125, 126, 130, 131, 132, 134, 145, 146, and 150, are reflecting on a member of the court, and thereby disrespectful to the whole court; It is thereupon now here ordered by this court, that the said passages or parts of said argument, and all others which may be deemed disrespectful to any member of the court, be, and the same are hereby stricken out; and that this order be entered on the minutes of this court.





tice Todd has been procured for the Re- lived, distinguished and honored, and where he porter, by the kindness of an eminent and died, deeply lamented by all. Such a memoir much valued judicial friend.

is now presented. Part of it was originally It has long been desired to insert in the Re-inserted in "The Western Monthly Magazine;" ports of the Decisions of the Supreme Court, a and part of it has been written by the judicial memoir of the life of one known and esteemed and associate and friend of Mr. Justice Todd, for every private virtue, and by every judicial who shared in his high official labors, and qualification and attainment. This was due to / who holds his memory in sacred regard.


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HOMAS TODD, youngest son of Richard | cousin of his mother, to reside in his family 1765, in the County of King, and Queen, on that interesting period—a friendship cemented York River, in the State of Virginia. His by forty years of affectionate intercourse father was descended from one of the most through life-he obtained a knowledge of surrespectable families in the colony; his ancestors veying and of the duties of a clerk. In 1785, being among the early emigrants from England. Judge Innes visited Kentucky, and having roo His mother was Elizabeth Richards. At the solved to remove his family the following year, age of eighteen months his father died, leaving committed them to the care of his young friend, a considerable estate, which by the laws of who arrived at Danville in the spring of 1786. primogeniture of that day descended to the Mr. Todd's pecuniary means were 80 limited, eldest son, William, afterwards high sheriff of that whilst residing in the family of Judge Pittsylvania County in that State. This event Innes at Danville, he was engaged during the rendered it necessary that his mother should day in teaching the daughters of his friend, exert herself to provide for the support and ed. and at night prosecuting the study of the law ucation of her orphan son. She repaired, for by fire-light. "This was an interesting period this purpose, to Manchester, opposite to Rich in the history of Kentucky; the people were mond, and by the proceeds of a boarding house actively engaged in measures to procure a sepa. under her care and management, she was ration from the parent State; and such was the enabled to give, at her death in 1776, a hand opinion entertained of his capacity for busi. some patrimony to her son, in care of his ness, that he was chosen clerk of all the conguardian and her executor, Dr. McKenzie, of ventions held from that period until 1792, for that place. By the aid of his friend, Thomas the purpose of erecting the former into an Todd received a good English education, and independent member of the Union. advanced considerably in a knowledge of the He commenced the practice of law very soon Latin language, when his prospects were cloud- after he came to the State, and made his first ed by the unexpected embarrassment of his effort at Madison old court house. His horse, guardian, which terminated in the loss of the saddle and bridle, and 371/2 cents in money, patrimony bequeathed him by his mother. constituted his whole means at the commence. ivo) At a tender and unprotected age he ment of the court; at the close of the term, he was again thrown upon the world to depend had made enough to meet his current expenses, for his support, education, and character, upon and returned to Danville with the bonds for his own efforts. To these contingencies, which two cows and calves, the ordinary fees of that seemed at the time to be remediless misfor day. The high judicial stations he afterwards tunes, may be traced that energy and enterprise occupied with such reputation to himself and which afterwards signalized his character. Dur. such benefit to the country, are a proud coming the latter period of the revolutionary war mentary on the spirit of our institutions, and he served a tour of duty for six months as a form the noblest incentives to industry and substitute, and often in after life referred to perseverance in the prosecution of a profession. the incident as being the first money he had Mr. Todd was appointed clerk of the Federal ever eamed. He was afterwards a member of Court for the District of Kentucky, the duties the Manchester troop of cavalry during the in- of which he performed until the separation vasion of Virginia by Arnold and Phillips. He from Virginia, when he was appointed clerk of was shortly afterwards invited by his relation, the Court of Appeals, under the new Constitu. the late Henry Innes, of Kentucky, who was a tion. He held this office until December, 1801,

when he was appointed by Governor Garrard, respect and esteem of his friends. His stability
fourth judge of the Court of Appeals, an office and dignity of character, united with manner,
created, it is believed, with the special object peculiarly amiable, left a deep impression on
of adding some younger man to the bench, all with whom he had intercourse. His deport.
already Alled by judges far advanced in life. ment on the bench as well as in the social circle,
In this station he continued until the resigna- secured him universal veneration. The benev-
tion of Judge Muter, in 1806, when he was ap- olence of his character was manifested in the
pointed, during the administration of Governor patronage and support he extended to many
Greenup, to be Chief Justice. During the ses. indigent young friends and near relations,
sion of Congress of 1806, 1807, the increase of whole families of whom he advanced in life by
business and population in the western States, nis friendly influence and means. There is ono
vo) and the necessity of bringing *into the Su incident of this sort which, being "con- [*v
preme Court some individual versed in the nected in some degree with his official career,
peculiar land law of those States, induced Con- deserves to be mentioned.
gress to extend the judiciary system, by con. In 1805, 1806, some influential members of the
stituting Kentucky, Tennessee, and Ohio, as the Legislature of Kentucky prevailed on Justice
seventh circuit, and adding another member to Muter to resign, upon an assurance of being al.
the Supreme Court. In filling this new office, Mr. lowed a pension during life. He had devoted
Jefferson adopted a mode somewhat different his property and the prime of his days to his
from that pursued in later times. He requested country in the revolutionary war, and was
each delegate from the States composing the now in indigent circumstances and far advanced
circuit to communicate to him a nomination of in life. The pension was granted by the Legis.
their first and second choice. Judge Todd was lature at the next session, but repealed at the
the first or second upon the nomination of second session after the grant. In the mean.
every delegate, although to some of them he time Judge Todd had succeeded his old friend
was personally unknown. His appointment as Chief Justice, and about the time the Legis-
was the first intimation to him that he had lature repealed the pension, he was appointed
been thought of for the office. In this high and a judge of the Supreme Court of the United
arduous station he continued until his death, States, with a salary more than double that
February 7th, 1826.

of the Chief Justice of Kentucky. He proposed In 1791, before the separation, he was com to his friend Muter to come and reside with missioned by Governor Randolph, of Virginia, him, especially as a better adverse claim had to be captain of a company of cavalry in Lin. deprived Muter of his home. The offer was coln County, and in May of that year he was accepted, and Muter, who had commanded a appointed a lieutenant of a troop of cavalry, of ship of war during the Revolution, with the which Major Thomas Allen, late clerk of Mer rank of colonel, and who had, without reproach, cer County, was captain, and the Hon. James presided in the civil tribunals of the State Brown, late minister to France, was a lieuten- from its early settlement, spent the remainder ant, upon the campaign led against the Wea of his days upon the bounty of Judge Todd. towns, on the Wabash, by General, afterwards As a testimony of his gratitude and affection, Governor Scott.

Muter, having no family, made Todd his heir In June, 1792, soon after the organization of and residuary legatee, though at the time his the State, he was commissioned by Governor debts greatly exceeded his available means. Shelby to be lieutenant colonel of the militia of But, as though Heaven had decreed that an Lincoln County; and he was elected without act so generous in an individual, when con: opposition to the office of clerk of the House of trasted with the ingratitude of the State, Representatives of the General Assembly, for should not go unrewarded even in this world, the first Afteen years of the State government. the revolutionary claims of Judge Muter have These various offices, civil and military, were been acknowledged by Congress, and the proindications of the estimation in which his char. ceeds have descended to the widow and younger acter was held by his cotemporaries, and are children of Judge Todd. the more decided, as it is known that he never The land law of Kentucky, originally an Act solicited any of them. It was a maxim with of the Assembly of Virginia of 1789, forms a him so to act that office should seek him-not peculiar system, and has been established that he should seek office.

chiefly upon principles of law and equity conIn 1789 he married Elizabeth Harris, a niece tained in decisions of the Appellate Court. To of William Stewart, from Pennsylvania, an this result the labors of Judge Todd eminently early adventurer to Kentucky, who fell in the contributed, as well in the State court as in the battle of the Blue Licks. Five of their off, Supreme Court of the United States. His opin. spring, three sons and two daughters, arrived ions had a prevailing influence in the decisions to maturity: only two survived him, the of the State authorities, and his decisions on youngest daughter and the second son, Col. C. the circuit were rarely reversed in the Supreme 8. Todd, advantageously known as an officer Court at Washington; an exalted tribunal, of the late war, and as the first public agent of whose character is illustrated by the genius and the United States in Columbia, South America. attainments of_Marshall, Story, Washington,

In 1811 Mr Todd died, and in 1812 Judge and Trimble. He was cherished with peculiar Todd married the widow of Major George regard by his associates in the State and naWashington, a nephew of General Washington, tional tribunals; his judgment and acquainand the youngest sister of Mr. Madison, wife tance with the principles of the land law hav. of the late President. He left ono daughter ing, in one instance in particular (the Holland and two sons by this marriage

Land Company of New York), rescued the repuMs. Todd posscased in an eminent degree the tation of the Supreme Court from the effects of

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