Benjamin Mills
Encyclopedia
Benjamin Mills was a lawyer and judge who served in the Kentucky Circuit Courts
and the Kentucky Court of Appeals
. He also represented Bourbon County, Kentucky
, in the Kentucky House of Representatives
. Mills issued a significant ruling in the 1820 case of Rankin v. Lydia which dealt with the rights of slaves brought to the Northwest Territory
, where slavery was illegal. Mills' opinion in Rankin established a precedent that was cited in U.S. courts until the abolition of slavery following the Civil War
.
Later, Mills was ensnared in the state's Old Court – New Court controversy wherein the state legislature
attempted to abolish the Court of Appeals in retaliation for its opinion overturning a piece of debt relief legislation. The legislature established a new Court of Appeals, and for a time, both courts claimed authority as the court of last resort in Kentucky
. The controversial measure abolishing the old court was repealed in 1826, and Mills resigned from the court in 1828. He died suddenly of an apoplectic stroke
on December 6, 1831.
. When he was young, the family moved to Washington, Pennsylvania
where Mills was educated and studied medicine.
Mills married Mary Read Thornton. One son, Thornton Anthony Mills, was born in September 1810. Another son, Benjamin Mills, was born June 23, 1820. The family attended Paris Presbyterian
Church, and both Benjamin and Thornton became Presbyterian ministers. Benjamin also served as a brigadier general
in the Union Army
during the Civil War
.
Mills served for a time as president of Washington Academy (now Washington and Lee University
). Later, he moved to Bourbon County, Kentucky
with his father. He abandoned the practice of medicine and studied law, commencing practice in Paris, Kentucky
around 1806. He served six one-year terms in the Kentucky House of Representatives
—in 1806, 1809, and 1813 through 1816. In 1816, he failed to secure a seat in the United States Senate
, losing to Isham Talbot
by three votes.
Gabriel Slaughter
appointed Mills to the circuit court
of Montgomery County
. In 1818, at the request of the bar
in Fayette County
, he was transferred to the circuit court there. In February 1820, Slaughter elevated him to the Kentucky Court of Appeals
to replace John Rowan.
In 1820, Mills authored the court's opinion in the case of Rankin v. Lydia concerning the status of slaves born in the Northwest Territory
where the Ordinance of 1787 outlawed slavery. In his opinion, Mills was careful to avoid judgments regarding the institution of slavery itself, but upheld the decision of the Shelby County
circuit court that the slave (Lydia) ought to be freed under terms of an indenture she had agreed to in Indiana
before being sold to a master in Kentucky. Mills' opinion set a precedent that was adhered to in Kentucky for the next forty-five years and was frequently cited in both northern and southern courts.
In 1823, Mills and his fellow Court of Appeals justices were ensnared in Kentucky's Old Court – New Court controversy. In response to the Panic of 1819
, the Kentucky General Assembly
had passed a law of replevin
that was extremely favorable to debtors. The law was challenged in two separate cases—Lapsley v. Brashear and Blair v. Williams. In both cases, the circuit courts had ruled the replevin law impaired the obligation of contracts in violation of the Contract Clause
of the United States Constitution
and similar language in the Kentucky Constitution
. In October 1823, Mills and fellow justices John Boyle
and William Owsley
upheld the lower courts' rulings. An outraged General Assembly passed a measure abolishing the Court of Appeals and setting up a new Court of Appeals in its place, which pro-relief governor John Adair
stocked with judges favorable to the debt relief cause. The Old Court considered the action illegal, and for a time, both the Old and New Courts claimed authority as the court of last resort in Kentucky.
As the state's economy began to recover, Old Court supporters made steady gains in the legislature. By late 1826, they commanded a veto
-proof majority in the General Assembly and passed legislation abolishing the New Court and reinstating the Old Court. In 1828, Boyle resigned his seat on the Court of Appeals to accept a federal judgeship. In an attempt to placate the remaining New Court supporters that insisted the Old Court judges did not represent the will of the people, Owsley and Mills also resigned, hoping to be reappointed and reconfirmed to their posts. Governor Thomas Metcalfe
reappointed both, but the Kentucky Senate
would not confirm them. Thus ended Mills' tenure on the Court of Appeals.
Following his time on the bench, Mills moved to Frankfort
, where he resumed his legal practice. He died suddenly of an apoplectic stroke
on December 6, 1831.
Kentucky Circuit Courts
The Kentucky Circuit Courts are the state courts of general jurisdiction in the U.S. state of Kentucky.The Circuit Courts are trial courts with original jurisdiction in cases involving capital offenses, felonies, land disputes, contested probates of wills, and civil lawsuits in disputes with an...
and the Kentucky Court of Appeals
Kentucky Court of Appeals
The Kentucky Court of Appeals is the lower of Kentucky's two appellate courts, under the Kentucky Supreme Court. Prior to a 1975 amendment to the Kentucky Constitution the Kentucky Court of Appeals was the only appellate court in Kentucky....
. He also represented Bourbon County, Kentucky
Bourbon County, Kentucky
Bourbon County is a county located in the U.S. state of Kentucky. It is the remnant of what was previously a much larger Bourbon County, established as part of Virginia in 1785, and comprising what are now thirty-four modern Kentucky counties...
, in the Kentucky House of Representatives
Kentucky House of Representatives
The Kentucky House of Representatives is the lower house of the Kentucky General Assembly. It is composed of 100 Representatives elected from single-member districts throughout the Commonwealth. Not more than two counties can be joined to form a House district, except when necessary to preserve...
. Mills issued a significant ruling in the 1820 case of Rankin v. Lydia which dealt with the rights of slaves brought to the Northwest Territory
Northwest Territory
The Territory Northwest of the River Ohio, more commonly known as the Northwest Territory, was an organized incorporated territory of the United States that existed from July 13, 1787, until March 1, 1803, when the southeastern portion of the territory was admitted to the Union as the state of Ohio...
, where slavery was illegal. Mills' opinion in Rankin established a precedent that was cited in U.S. courts until the abolition of slavery following the Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
.
Later, Mills was ensnared in the state's Old Court – New Court controversy wherein the state legislature
Kentucky General Assembly
The Kentucky General Assembly, also called the Kentucky Legislature, is the state legislature of the U.S. state of Kentucky.The General Assembly meets annually in the state capitol building in Frankfort, Kentucky, convening on the first Tuesday after the first Monday in January...
attempted to abolish the Court of Appeals in retaliation for its opinion overturning a piece of debt relief legislation. The legislature established a new Court of Appeals, and for a time, both courts claimed authority as the court of last resort in Kentucky
Kentucky
The Commonwealth of Kentucky is a state located in the East Central United States of America. As classified by the United States Census Bureau, Kentucky is a Southern state, more specifically in the East South Central region. Kentucky is one of four U.S. states constituted as a commonwealth...
. The controversial measure abolishing the old court was repealed in 1826, and Mills resigned from the court in 1828. He died suddenly of an apoplectic stroke
Apoplexy
Apoplexy is a medical term, which can be used to describe 'bleeding' in a stroke . Without further specification, it is rather outdated in use. Today it is used only for specific conditions, such as pituitary apoplexy and ovarian apoplexy. In common speech, it is used non-medically to mean a state...
on December 6, 1831.
Early life
Benjamin Mills was born January 12, 1779 in Worcester County, MarylandWorcester County, Maryland
-2010:Whereas according to the 2010 U.S. Census Bureau:*82.0% White*13.6% Black*0.3% Native American*1.1% Asian*0.0% Native Hawaiian or Pacific Islander*1.7% Two or more races*1.3% Other races*3.2% Hispanic or Latino -2000:...
. When he was young, the family moved to Washington, Pennsylvania
Washington, Pennsylvania
Washington is a city in and the county seat of Washington County, Pennsylvania, United States, within the Pittsburgh Metro Area in the southwestern part of the state...
where Mills was educated and studied medicine.
Mills married Mary Read Thornton. One son, Thornton Anthony Mills, was born in September 1810. Another son, Benjamin Mills, was born June 23, 1820. The family attended Paris Presbyterian
Presbyterianism
Presbyterianism refers to a number of Christian churches adhering to the Calvinist theological tradition within Protestantism, which are organized according to a characteristic Presbyterian polity. Presbyterian theology typically emphasizes the sovereignty of God, the authority of the Scriptures,...
Church, and both Benjamin and Thornton became Presbyterian ministers. Benjamin also served as a brigadier general
Brigadier General
Brigadier general is a senior rank in the armed forces. It is the lowest ranking general officer in some countries, usually sitting between the ranks of colonel and major general. When appointed to a field command, a brigadier general is typically in command of a brigade consisting of around 4,000...
in the Union Army
Union Army
The Union Army was the land force that fought for the Union during the American Civil War. It was also known as the Federal Army, the U.S. Army, the Northern Army and the National Army...
during the Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
.
Mills served for a time as president of Washington Academy (now Washington and Lee University
Washington and Lee University
Washington and Lee University is a private liberal arts college in Lexington, Virginia, United States.The classical school from which Washington and Lee descended was established in 1749 as Augusta Academy, about north of its present location. In 1776 it was renamed Liberty Hall in a burst of...
). Later, he moved to Bourbon County, Kentucky
Bourbon County, Kentucky
Bourbon County is a county located in the U.S. state of Kentucky. It is the remnant of what was previously a much larger Bourbon County, established as part of Virginia in 1785, and comprising what are now thirty-four modern Kentucky counties...
with his father. He abandoned the practice of medicine and studied law, commencing practice in Paris, Kentucky
Paris, Kentucky
As of the census of 2000, there were 9,183 people, 3,857 households, and 2,487 families residing in the city. The population density was . There were 4,222 housing units at an average density of . The racial makeup of the city was 84.23% White, 12.71% African American, 0.16% Native American, 0.16%...
around 1806. He served six one-year terms in the Kentucky House of Representatives
Kentucky House of Representatives
The Kentucky House of Representatives is the lower house of the Kentucky General Assembly. It is composed of 100 Representatives elected from single-member districts throughout the Commonwealth. Not more than two counties can be joined to form a House district, except when necessary to preserve...
—in 1806, 1809, and 1813 through 1816. In 1816, he failed to secure a seat in the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
, losing to Isham Talbot
Isham Talbot
Isham Talbot was a United States Senator from Kentucky.Born in Bedford County, Virginia, Isham Talbot Junior moved with his parents to Harrodsburg, Kentucky in about 1784. He was admitted to the bar, and began his legal practice in Versailles, Kentucky...
by three votes.
Judicial career
In 1817, GovernorGovernor of Kentucky
The Governor of the Commonwealth of Kentucky is the head of the executive branch of government in the U.S. state of Kentucky. Fifty-six men and one woman have served as Governor of Kentucky. The governor's term is four years in length; since 1992, incumbents have been able to seek re-election once...
Gabriel Slaughter
Gabriel Slaughter
Gabriel Slaughter was the seventh Governor of Kentucky and was the first person to ascend to that office upon the death of the sitting governor. His family moved to Kentucky from Virginia when he was very young. He became a member of the Kentucky militia, serving throughout his political career...
appointed Mills to the circuit court
Kentucky Circuit Courts
The Kentucky Circuit Courts are the state courts of general jurisdiction in the U.S. state of Kentucky.The Circuit Courts are trial courts with original jurisdiction in cases involving capital offenses, felonies, land disputes, contested probates of wills, and civil lawsuits in disputes with an...
of Montgomery County
Montgomery County, Kentucky
Montgomery County is a county located in the U.S. state of Kentucky. The population was 26,499. Its county seat is Mount Sterling. With regard to the sale of alcohol, it is classified as a moist county—a county in which alcohol sales are prohibited , but containing a "wet" city where package...
. In 1818, at the request of the bar
Bar (law)
Bar in a legal context has three possible meanings: the division of a courtroom between its working and public areas; the process of qualifying to practice law; and the legal profession.-Courtroom division:...
in Fayette County
Fayette County, Kentucky
Fayette County is a county located in the U.S. state of Kentucky. The population was 295,083 in the 2010 Census. Its territory, population and government are coextensive with the city of Lexington, which also serves as county seat....
, he was transferred to the circuit court there. In February 1820, Slaughter elevated him to the Kentucky Court of Appeals
Kentucky Court of Appeals
The Kentucky Court of Appeals is the lower of Kentucky's two appellate courts, under the Kentucky Supreme Court. Prior to a 1975 amendment to the Kentucky Constitution the Kentucky Court of Appeals was the only appellate court in Kentucky....
to replace John Rowan.
In 1820, Mills authored the court's opinion in the case of Rankin v. Lydia concerning the status of slaves born in the Northwest Territory
Northwest Territory
The Territory Northwest of the River Ohio, more commonly known as the Northwest Territory, was an organized incorporated territory of the United States that existed from July 13, 1787, until March 1, 1803, when the southeastern portion of the territory was admitted to the Union as the state of Ohio...
where the Ordinance of 1787 outlawed slavery. In his opinion, Mills was careful to avoid judgments regarding the institution of slavery itself, but upheld the decision of the Shelby County
Shelby County, Kentucky
Shelby County is a county located in the U.S. state of Kentucky. As of 2010, the population was 42,074. Its name is in honor of Isaac Shelby, the first Governor of Kentucky. Its county seat is Shelbyville...
circuit court that the slave (Lydia) ought to be freed under terms of an indenture she had agreed to in Indiana
Indiana
Indiana is a US state, admitted to the United States as the 19th on December 11, 1816. It is located in the Midwestern United States and Great Lakes Region. With 6,483,802 residents, the state is ranked 15th in population and 16th in population density. Indiana is ranked 38th in land area and is...
before being sold to a master in Kentucky. Mills' opinion set a precedent that was adhered to in Kentucky for the next forty-five years and was frequently cited in both northern and southern courts.
In 1823, Mills and his fellow Court of Appeals justices were ensnared in Kentucky's Old Court – New Court controversy. In response to the Panic of 1819
Panic of 1819
The Panic of 1819 was the first major financial crisis in the United States, and had occurred during the political calm of the Era of Good Feelings. The new nation previously had faced a depression following the war of independence in the late 1780s and led directly to the establishment of the...
, the Kentucky General Assembly
Kentucky General Assembly
The Kentucky General Assembly, also called the Kentucky Legislature, is the state legislature of the U.S. state of Kentucky.The General Assembly meets annually in the state capitol building in Frankfort, Kentucky, convening on the first Tuesday after the first Monday in January...
had passed a law of replevin
Replevin
In creditors' rights law, replevin, sometimes known as "claim and delivery," is a legal remedy for a person to recover goods unlawfully withheld from his or her possession, by means of a special form of legal process in which a court may require a defendant to return specific goods to the...
that was extremely favorable to debtors. The law was challenged in two separate cases—Lapsley v. Brashear and Blair v. Williams. In both cases, the circuit courts had ruled the replevin law impaired the obligation of contracts in violation of the Contract Clause
Contract Clause
The Contract Clause appears in the United States Constitution, Article I, section 10, clause 1. It states:The Contract Clause prohibits states from enacting any law that retroactively impairs contract rights...
of the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
and similar language in the Kentucky Constitution
Kentucky Constitution
The Constitution of the Commonwealth of Kentucky is the document that governs the Commonwealth of Kentucky. It was first adopted in 1792 and has since been rewritten three times and amended many more...
. In October 1823, Mills and fellow justices John Boyle
John Boyle (congressman)
John Boyle was a United States federal judge and a member of the U.S. House of Representatives....
and William Owsley
William Owsley
William Owsley was an associate justice on the Kentucky Court of Appeals and the 16th Governor of Kentucky. He also served in both houses of the Kentucky General Assembly and was Kentucky Secretary of State under Governor James Turner Morehead.Owsley studied law under John Boyle...
upheld the lower courts' rulings. An outraged General Assembly passed a measure abolishing the Court of Appeals and setting up a new Court of Appeals in its place, which pro-relief governor John Adair
John Adair
John Adair was an American pioneer, soldier and statesman. He was the eighth Governor of Kentucky and represented the state in both the U.S. House and Senate. Adair enlisted in the state militia and served in the Revolutionary War, where he was held captive by the British for a period of time...
stocked with judges favorable to the debt relief cause. The Old Court considered the action illegal, and for a time, both the Old and New Courts claimed authority as the court of last resort in Kentucky.
As the state's economy began to recover, Old Court supporters made steady gains in the legislature. By late 1826, they commanded a veto
Veto
A veto, Latin for "I forbid", is the power of an officer of the state to unilaterally stop an official action, especially enactment of a piece of legislation...
-proof majority in the General Assembly and passed legislation abolishing the New Court and reinstating the Old Court. In 1828, Boyle resigned his seat on the Court of Appeals to accept a federal judgeship. In an attempt to placate the remaining New Court supporters that insisted the Old Court judges did not represent the will of the people, Owsley and Mills also resigned, hoping to be reappointed and reconfirmed to their posts. Governor Thomas Metcalfe
Thomas Metcalfe (US politician)
Thomas Metcalfe , also known as Thomas Metcalf or as "Stonehammer", was a U.S. Representative, Senator, and the tenth Governor of Kentucky. He was the first gubernatorial candidate in the state's history to be chosen by a nominating convention rather than a caucus...
reappointed both, but the Kentucky Senate
Kentucky Senate
The Kentucky Senate is the upper house of the Kentucky General Assembly. The Kentucky Senate is composed of 38 members elected from single-member districts throughout the Commonwealth. There are no term limits for Kentucky Senators...
would not confirm them. Thus ended Mills' tenure on the Court of Appeals.
Following his time on the bench, Mills moved to Frankfort
Frankfort, Kentucky
Frankfort is a city in Kentucky that serves as the state capital and the county seat of Franklin County. The population was 27,741 at the 2000 census; by population it is the 5th smallest state capital in the United States...
, where he resumed his legal practice. He died suddenly of an apoplectic stroke
Apoplexy
Apoplexy is a medical term, which can be used to describe 'bleeding' in a stroke . Without further specification, it is rather outdated in use. Today it is used only for specific conditions, such as pituitary apoplexy and ovarian apoplexy. In common speech, it is used non-medically to mean a state...
on December 6, 1831.