Benoni Whitten
Encyclopedia
Benoni Whitten was an American
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 attorney and judge in Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...

. He was the 19th Associate Justice on the Oregon Supreme Court
Oregon Supreme Court
The Oregon Supreme Court is the highest state court in the U.S. state of Oregon. The only court that may reverse or modify a decision of the Oregon Supreme Court is the Supreme Court of the United States. The OSC holds court at the Oregon Supreme Court Building in Salem, Oregon, near the capitol...

 in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

. Though serving on the court, he never heard a trial as a justice during his four months on the bench of Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...

’s highest court, as the Supreme Court was in recess during this time.

Early life

Whitten was born in the state of Ohio
Ohio
Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...

 around 1828 to William Whitten. On March 28, 1844 Benoni married Mariah Jane Dunham in Ohio, and they would have at least one daughter named Emma. By 1866 they had moved to Eastern Oregon
Eastern Oregon
Eastern Oregon is the eastern part of the U.S. state of Oregon. It is not an officially recognized geographic entity, thus the boundaries of the region vary according to context. It is sometimes understood to include only the eight easternmost counties in the state; in other contexts, it includes...

 where he was admitted to the state 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:...

 on September 6. Whitten then practiced law in Eastern Oregon.

Legal career

In May 1870, he was appointed by Oregon Governor George L. Woods to the Oregon Supreme Court
Oregon Supreme Court
The Oregon Supreme Court is the highest state court in the U.S. state of Oregon. The only court that may reverse or modify a decision of the Oregon Supreme Court is the Supreme Court of the United States. The OSC holds court at the Oregon Supreme Court Building in Salem, Oregon, near the capitol...

 to replace Joseph G. Wilson
Joseph G. Wilson
Joseph Gardner Wilson was a U.S. Republican politician in the state of Oregon. A native of New Hampshire, he served as a state circuit court judge and as a justice on the Oregon Supreme Court, and was elected to the United States House of Representatives...

 who had resigned to run for Oregon’s lone spot in the United States House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...

 (lost in 1870, won in 1872). Whitten’s term then ended in September of that same year and he left the court. During that time on the court, the Supreme Court stood in recess and Whitten did not hear any Supreme Court cases but did serve as a trial level judge as the high court still practiced circuit riding at that time. While on circuit he served as the trial level judge for Darragh v. Bird, 3 Or. 229 (1870) that would go to the Oregon Supreme Court as Wood v. Fitzgerald, 3 Or. 568 (1870) in an important case concerning voting rights and Oregon’s refusal to adopt the 15th Amendment
Fifteenth Amendment to the United States Constitution
The Fifteenth Amendment to the United States Constitution prohibits each government in the United States from denying a citizen the right to vote based on that citizen's "race, color, or previous condition of servitude"...

 to the U.S. 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...

 after the American 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...

. Politically, Whitten was a Republican. Benoni Whitten died in Union, Oregon
Union, Oregon
Union is a city in Union County, Oregon, United States. The population was 1,926 at the 2000 census.- History :Union was platted on November 11, 1864 along the Oregon Trail. The name references the Union states, or Northern States, of the American Civil War....

on March 18, 1883.
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