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Douglas A. Hedin: "Rotation in Office" and the Territorial Supreme Court. (2010)
James Manahan: "Trials of a Lawyer." (1933).


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Viewing Territorial Bench & Bar Category (23) found:


Frank G. O'Brien: "Pioneer Attorneys and Jurymen." (1904)

This is a chapter of names of lawyers and members of an early grand and petit jury who served, presumably, in Minneapolis, where the author, a journalist, lived. It appeared in a book of reminiscences published in 1904.

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Patrick Cudmore: "Territorial Bar." (1897)

In 1897, Patrick Cudmore, a practicing lawyer and prolific author, wrote a short article in which he recalled lawyers who had practiced in Rice, Steele and Waseca Counties during the previous four decades. Most, it seems, he knew personally. His article was published in "The Faribault Republican" on September 15, 1897.

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Edward D. Neill: "The Territorial Court in Houston County." (1882)

On the docket of the first session of the Territorial Court held in Caledonia on August 20, 1855, there were three criminal cases, including two for perjury in making land claims. Chief Justice William Welch presided. At the second, held on June 23, 1856, there were four cases. The first petition for citizenship, by Michael Burke, was granted. Judge Welsh failed to appear at the next term, scheduled for October 20, 1856, and it was adjourned by the sheriff. At the next session, the Chief Justice appeared, and by that time "it seems that quite a respectable docket had accumulated." This is an excerpt from a history of Houston County published in 1882.

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Loren Warren Collins: "An Incomplete History of the Establishment of Courts in Minnesota." (1912)

The author of this paper was Loren Warren Collins, who served as associate justice of the Minnesota Supreme Court from 1887 to 1904. He died before he could finish it. It was to be a longer, written version of a speech he gave in 1911 to the Hennepin County Bar Association on the history of the bench and bar in Minnesota. His son, Louis L. Collins, gave a draft of the paper containing his father's handwritten additions and corrections to the Minnesota Historical Society on January 9, 1913.
Of special interest are Collins's comments on the brief tenure of Chief Justice Henry Hayner, the forgotten Justice John Pettit, the causes of the establishment of the Court of Common Pleas in Ramsey County in 1867 and in Hennepin County in 1872, and the evolution of judicial districts in nineteenth century Minnesota.

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Douglas A. Hedin: "Lawyers and 'Booster Literature' in the Early Territorial Period" (2008)

On June 21, 1851, the "St. Anthony Express" published an editorial, "Who are Wanted in Minnesota," in which it promoted the Territory of Minnesota and described the types of settlers who were wanted there--farmers, mechanics, ministers, young ladies, and lawyers.

This article is about why lawyers were wanted in Minnesota in the late 1840s and early 1850s. It describes the many rolls they filled in pioneer settlements. It examines lawyers who wrote "booster literature" and suggests reasons why they were good at it. It concludes with the hypothesis that boosters wanted lawyers in the newly formed territory because they helped form stable communities that could attract foreign investors.

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"Judge Chatfield's First Court Session in Winona County." (1884)

This article describes Judge Andrew Chatfield's first court session on June 28, 1853, in Winona. It appeared first in a history of Wabasha and Winona Counties published in 1884.

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Charles E. Flandrau: "Lawyers and Courts of Minnesota Prior to and During its Territorial Period." (1897)

In January 1896, Charles E. Flandrau gave a nostalgic speech to the annual meeting of the Minnesota Historical Society in which he told stories and reminisced about lawyers and judges of the 1850s-a period he called "those light-hearted days." In March 1897, the monthly "Minnesota Law Journal" published Flandrau's address.

On two early occasions, Flandrau had published variations of this speech. It was in large part a condensed version of a chapter he had written on "The Bar and Courts of Ramsey County" for a history of the county and state published in 1881, and which he later revised and published a second time in "Magazine of Western History" in early 1888.

Flandrau (1828-1903) served on the Territorial Supreme Court in 1857 and 1858 and on the Minnesota Supreme Court from 1858 to 1864.

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"Livingston's Law Register" (1851)

The 1851 edition of "Livingston's Law Register" listed 24 lawyers and one law firm practicing in Minnesota Territory.

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Douglas A. Hedin: "Advisory Opinions of the Territorial Supreme Court, 1852-1854." (2009)

During Minnesota's territorial period, and for several years after statehood, a law authorizing the legislature to request advisory opinions from the supreme court was in effect. It provided:

"Either house may, by resolution, request the opinion of the supreme court, or any one or more of the judges thereof upon a given subject, and it shall be the duty of such court or judges when so requested, respectively, to give such opinion in writing."

In response to resolutions of the House and Council seeking advice, individual territorial justices issued six opinions between 1852 and 1854. One justice refused, while three others issued a total of five opinions. After statehood, the court declined three times, finally declaring the advisory opinion law unconstitutional in 1865.

The supreme court's advisory opinions of are posted in this article.

NOTE TO VIEWERS: BECAUSE OF THE LENGTH OF THIS ARTICLE, IT MAY TAKE AS LONG AS 30 SECONDS FOR IT TO APPEAR ON YOUR SCREEN.

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J. Fletcher Williams: "Memoir of Judge B. B. Meeker." (1870s)

Bradley B. Meeker served as associate justice on the territorial supreme court from 1849 to 1853. Sometime after Meeker died on February 19, 1873, J. Fletcher Williams, an early newspaper reporter, editor and later secretary of the Minnesota Historical Society, wrote a short "memoir" of him. It does not appear to have been published previously.

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J. Fletcher Williams: "Memoir of Judge David Cooper." (1870s)

David Cooper served as associate justice on the territorial supreme court from 1849 to 1853. Sometime after Cooper's death "during the early part of 1876," J. Fletcher Williams, a newspaper reporter, editor and later secretary of the Minnesota Historical Society, wrote a short "memoir" of him. It does not appear to have been published previously.

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J. Fletcher Williams: "Memoir of Judge Andrew G. Chatfield." (1870s)

Andrew G. Chatfield served as associate justice on the territorial supreme court from 1853 to 1857. After Chatfield's death on October 3, 1875, J. Fletcher Williams, who was a journalist and later secretary of the Minnesota Historical Society, wrote a "memoir" of him. It was published by "The Chatfield News" on March 13, 1947.

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Aaron Goodrich: "Early Courts of Minnesota" (1851), with recollections of Goodrich by William P. Murray, Edward Sullivan, Charles Francis Adams, Jr., Carl Schurz, and Thomas M. Newson.

On March 4, 1851, Chief Justice Aaron Goodrich wrote a letter to the Secretary of the Minnesota Historical Society describing the organization of the courts after the formation of the territory two years earlier. The first several paragraphs are vintage Goodrichese.

Because of his eccentricities, Goodrich was not easily forgotten. Colorful portraits of him appear in several memoirs including those of William P. Murray, Edward Sullivan, Charles Francis Adams, Jr., Carl Schurz, and Thomas M. Newson.

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Douglas A. Hedin: Documents regarding the terms of the justices of the Supreme Court of Minnesota Territory, 1849-1858: PART TWO-A. (Justices Goodrich and Cooper) (2009-2010).

The process of becoming a justice on the territorial supreme court had four steps: 1) be nominated by the President or receive a recess appointment by him; 2) if nominated, be confirmed by the U. S. Senate; 3) receive a commission from the President, and accept it; and 4) take the oath of office in Minnesota Territory.

PART TWO, which has six subparts, reproduces documents of each of these steps for the ten men who served on the territorial court. The documents include each justice's presidential commission, oath of office, and excerpts from proceedings in the U. S. Senate. The exact dates of each justice's term are stated.

PART TWO-A covers Chief Justice Aaron Goodrich and Associate Justice David Cooper. Justice Goodrich was commissioned by President Taylor on March 19, 1849, and was removed by President Fillmore on October 21, 1851. Justice Cooper was commissioned also on March 19, 1849, and he served until his commission expired on March 18, 1853.

Bradley B. Meeker's three commissions are reproduced in PART TWO-B, as is the clerk's docket entry on August 15, 1854, of the territorial supreme court's denial of his "request" to be restored to his former post on the court. Meeker's published his legal arguments in a lengthy open letter to the residents of the territory, in the "St. Anthony Express," on May 6, 1854; it is posted in its entirety in PART THREE. PART TWO-C covers Chief Justices Fuller and Hayner. PART TWO-D covers Chief Justice William H. Welch and Associate Justice Andrew G. Chatfield. PART TWO-E covers Associate Justices Moses Sherburne and Rensselaer R. Nelson. The reason President Buchanan commissioned Justice Nelson to be United States District Court Judge for the District of Minnesota ten days before the Senate confirmed his nomination is explored in PART TWO-E.

PART TWO-F covers Associate Justice Charles E. Flandrau. President Buchanan's recess appointment of John Pettit to be associate justice on April 21, 1857, the hostile reaction of a local newspaper, and Pettit's decision to decline the commission two months later are also discussed in PART TWO-F.

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Douglas A. Hedin: Documents regarding the terms of the justices of the Supreme Court of Minnesota Territory, 1849-1858: PART TWO-B. (Justice Meeker) (2009-2010).

The process of becoming a justice on the territorial supreme court had four steps: 1) be nominated by the President or receive a recess appointment by him; 2) if nominated, be confirmed by the U. S. Senate; 3) receive a commission from the President, and accept it; and 4) take the oath of office in Minnesota Territory.

PART TWO-B covers Associate Justice Bradley B. Meeker, who was commissioned by President Taylor on March 19, 1849, and removed by President Pierce on April 5, 1853.

Justice Meeker's three commissions are reproduced here, as is the clerk's docket entry on August 15, 1854, of the territorial supreme court?s denial of Meeker's "request" to be restored to his former post on the court. Meeker's published his legal arguments in a lengthy open letter to the residents of the territory, in the "St. Anthony Express," on May 6, 1854; it is posted in its entirety in PART THREE.

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Douglas A. Hedin: Documents regarding the terms of the justices of the Supreme Court of Minnesota Territory, 1849-1858: PART TWO-C. (Chief Justices Fuller and Hayner) (2009-2010).

The process of becoming a justice on the territorial supreme court had four steps: 1) be nominated by the President or receive a recess appointment by him; 2) if nominated, be confirmed by the U. S. Senate; 3) receive a commission from the President, and accept it; and 4) take the oath of office in Minnesota Territory.

PART TWO-C covers Chief Justices Jerome Fuller and Henry Z. Hayner. Justice Fuller received a recess commission from President Fillmore on October 21, 1851. His appointment expired on August 31, 1852, the same day Justice Hayner was nominated, confirmed by the Senate and commissioned by President Fillmore.

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Douglas A. Hedin: Documents regarding the terms of the justices of the Supreme Court of Minnesota Territory, 1849-1858: PART TWO-D. (Justices Welch and Chatfield) (2009-2010).

PART TWO-D covers Chief Justice William H. Welch and Associate Justice Andrew G. Chatfield. Both men were commissioned by President Pierce on April 6, 1853.

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Douglas A. Hedin: Documents regarding the terms of the justices of the Supreme Court of Minnesota Territory, 1849-1858: PART TWO-E. (Justices Sherburne and Nelson) (2009-2010).

PART TWO-E covers Associate Justices Moses Sherburne and Rensselaer R. Nelson. Justice Sherburne was commissioned by President Pierce on April 6, 1853. Justice Nelson received a recess appointment from President Buchanan on April 21, 1857.

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Douglas A. Hedin: Documents regarding the terms of the justices of the Supreme Court of Minnesota Territory, 1849-1858: PART THREE. (Salary legislation, opinions of the Attorney General, and Meeker

To encourage judges to remain at their posts, Congress enacted legislation in 1851-1853 that barred payment of salaries to judges who were absent from the territory for longer than sixty days. Legislation on the salaries of absentee judges is posted in this Part.

Three official opinions of the Attorney General on the President's power to remove territorial judges follow.

Bradley Meeker's open letter to the residents of Minnesota Territory, published in the "St. Anthony Express" on May 6, 1854, concludes this part. In this extraordinary 4,400 word manifesto, Meeker argued that his removal from the court by President Pierce one year earlier was illegal, improper and unconstitutional. The publication of this manifesto preceded by three months, Meeker's petition to the territorial court to be reinstated to his former post. The docket entry of the court's decision is posted in Part Two-B.

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Oscar F. Perkins: "Law Being at a Discount." (1882)

Oscar F. Perkins, a twenty-five year old lawyer, migrated from Vermont to Minnesota in 1854. He settled in Faribault the next year. In a talk to an old settlers association in 1875, he described his experiences as a lawyer, farmer and preacher in 1854 and 1855. His recollections appeared first in a history of Rice County published in 1882.

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Douglas A. Hedin: "Rotation in Office" and the Territorial Supreme Court. (2010)

Each of the four presidents who served during Minnesota's territorial period, March 1849 to May 1858, implemented a system of appointments known as "rotation in office." Under rotation, a newly-elected president replaced incumbents, placed there by his predecessor, with his own appointees, who were members of his political party. The result was a high turnover among federal officeholders.

This article examines the political and personal influences on Presidents Taylor, Fillmore, Pierce and Buchanan as they made appointments to and removals from Minnesota's territorial supreme court. It shows how aspirants lobbied each new administration for judicial assignments. The scheming of Henry Rice, the territorial delegate to Congress, to persuade the Buchanan administration to appoint his slate of judges is revealed; and the importance of recommendations by U. S. Supreme Justices Robert Grier and Samuel Nelson to the President's decision to appoint Rensselaer R. Nelson to the territorial court is explored. One of the themes of this article is that political leaders in the territory gained more influence over the selection process as statehood neared.

Article 6, ยง3, of the constitution Minnesota voters adopted in October 1857, required judges to be elected by the people. This requirement was the consequence of many forces, not the least of which was a reaction by the voters against the practice of rotation in office.

WARNING TO VIEWERS: Because of the length of this article, it may take several minutes for it to appear on your screen.

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Douglas A. Hedin: Documents regarding the terms of the justices of the Supreme Court of Minnesota Territory, 1849-1858: PART TWO-F. (John Pettit and Justice Flandrau) (2009-2010).

PART TWO-F covers Associate Justice Charles E. Flandrau, who received a recess appointment by President Buchanan on July 17, 1857.

President Buchanan's recess appointment of John Pettit to be associate justice on April 21, 1857, the hostile reaction of a local newspaper, and Pettit's decision to decline the commission two months' later are also discussed in PART TWO-F.

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Douglas A. Hedin: Documents regarding the terms of the justices of the Supreme Court of Minnesota Territory, 1849-1858: PART ONE (Introduction). (2009-2010)

Part ONE is an introduction to Parts TWO and THREE. Here previous accounts of the terms of the members of territorial supreme court are traced and discussed. The 1870 "Minnesota Legislative Manual" listed many erroneous or incomplete dates of the terms of the justices who served on that court. These errors were copied in subsequent editions of that book and republished in one popular history after another from 1881 to the present day.

In the Introduction, the constitutionality of President Fillmore's recess appointment of Jerome Fuller and removal of Chief Justice Aaron Goodrich on October 21, 1851, is explored. The confusion surrounding the terms of Chief Justices Fuller and Hayner, something that has confounded writers since 1870, is lifted. The three presidential commissions issued to Bradley B. Meeker are discussed, as is his extraordinary legal challenge to President Pierce's decision to remove him on April 5, 1853. One year after his removal, Meeker published a lengthy manifesto in the "St. Anthony Express" setting forth elaborate arguments why his removal was illegal, and several months later, filed a "request" in the territorial supreme court that he be restored to his former post. The court's ruling is discussed here; a docket entry of the court's order appears in PART TWO-B; and the manifesto itself is posted at the end of PART THREE.

The process of becoming a justice on the territorial supreme court had four steps: 1) be nominated by the President or receive a recess appointment by him; 2) if nominated, be confirmed by the U. S. Senate; 3) receive a commission from the President, and accept it; and 4) take the oath of office in Minnesota Territory.

PART TWO of this article reproduces documents of each of these steps for the ten men who served on the territorial court. The documents include each justice's presidential commission, oath of office, and excerpts from proceedings in the U. S. Senate. In PART TWO, for the first time, the correct dates of the terms of the territorial justices are recorded and documented. The anomaly of why the time a territorial justice actually served on the bench was shorter than the term set by his presidential commission is explained in PART ONE.

To encourage judges to remain at their posts, Congress enacted legislation that barred payment of salaries to judges who were absent from the territory for longer than sixty days. Legislation on the salaries of absentee jurists and official opinions of the Attorney General on other aspects of the territorial judiciary, including the President's power of removal, are posted in PART THREE.

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