Decius Wade
Encyclopedia
Decius Spear Wade was an American
attorney, judge, writer, and politician who has been called the "Father of Montana Jurisprudence" for his role in establishing the common law and statutory law of the U.S. state
of Montana
. He was a judge and state senator in Ohio
before serving sixteen years as Chief Justice of the Montana Territorial Supreme Court. As a member of the post-statehood Code Commission, he was one of the main drafters of the Montana Code and the most vocal advocate in the state for codification.
, where he spent the early years of his life. He studied law in the office of his uncle Benjamin F. Wade, who was a U.S. Senator
from 1851 to 1869. Wade was also the brother-in-law of Vice President Schuyler Colfax
, who married Wade’s sister, and became friends with future President James Garfield
. Wade was admitted to the bar in 1857, and in 1860 he was elected probate
judge of Ashtabula County
, a position he held for seven years. Wade married Bernice Galpin on June 3, 1863. In 1867, he was elected to a term in the Ohio Senate
.
on March 14, 1871, and confirmed by the United States Senate
on March 17. His sixteen year tenure on that court was the longest served by any member. He was appointed to three more terms, serving on the court until 1887, when N. W. McConnell was appointed as his successor by President Cleveland
.
Wade authored roughly thirty percent of the court’s output during its twenty-five year history, writing 192 majority opinions, along with fourteen concurrences and dissents. His opinions often did not cite precedent
s, but instead simply explained a rule based on an applicable statute or simply through elaborated reasoning.
Territorial Supreme Court justices also served as trial judges until 1886, and in this capacity Wade sentenced a reported 500 men to prison and sent twelve to the gallows
. An anecdote relates how Wade, trying to rid Friday of its nickname of the "hangman’s day," sentenced a murderer to be hanged on a Thursday instead. He explained "I could not see but the fellow enjoyed it just as well as though Friday had been the day appointed, and I thought that poor abused Friday looked a little brighter the next morning."
While on the court, Wade authored a law-themed novel, Clare Lincoln, which was published in 1876 and achieved some popularity in the territory. In 1879, he wrote an article titled Self Government in the Territories, Int’l Rev. 229 (1879), in which he said that the territorial court's structure "made official life in the Territories" into "a personal warfare, which is neither pleasant to the officer nor beneficial to the people."
as a partner in a law firm. Montana became a state on November 8, 1889, and from 1889 until 1895, Wade served as one of three Code Commissioners who were tasked with the codification of Montana law. The Commission produced four legal code
s—Civil, Political, Procedure and Penal—to replace the volumes of session laws. These were reported to the Montana Legislature in 1892, though no action was taken at first due to political reasons as well as concerns of uncertainty and inconsistency inherent in codes. Wade, at that time one of the most prominent lawyers in the state, is considered to have been the most important advocate for codification. On April 5, 1894, he gave an address to the Helena Bar Association arguing for the adoption of the four codes. His speech was subsequently published as a pamphlet, Necessity for Codification. The Legislature adopted the codes the following year.
In addition to his private practice and support of codification, Wade continued to write. He contributed the chapters on law and the courts for An Illustrated History of the State of Montana by Joaquin Miller
, a popular history of Montana published in 1894; Wade’s section was titled "The Bench and Bar 1880-1884." In 1895, Wade gave an address to the Montana Bar Association that was subsequently published as The Common Law.
Wade eventually returned to Ashtabula in Ohio, where he spent his last years.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
attorney, judge, writer, and politician who has been called the "Father of Montana Jurisprudence" for his role in establishing the common law and statutory law of the U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of Montana
Montana
Montana is a state in the Western United States. The western third of Montana contains numerous mountain ranges. Smaller, "island ranges" are found in the central third of the state, for a total of 77 named ranges of the Rocky Mountains. This geographical fact is reflected in the state's name,...
. He was a judge and state senator in 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...
before serving sixteen years as Chief Justice of the Montana Territorial Supreme Court. As a member of the post-statehood Code Commission, he was one of the main drafters of the Montana Code and the most vocal advocate in the state for codification.
Early life and career in Ohio
Wade was born in Ashtabula, OhioAshtabula, Ohio
As of the census of 2000, there were 20,962 people, 8,435 households, and 5,423 families residing in the city. The population density was 2,775.9 people per square mile . There were 9,151 housing units at an average density of 1,211.8 per square mile...
, where he spent the early years of his life. He studied law in the office of his uncle Benjamin F. Wade, who was a U.S. Senator
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...
from 1851 to 1869. Wade was also the brother-in-law of Vice President Schuyler Colfax
Schuyler Colfax
Schuyler Colfax, Jr. was a United States Representative from Indiana , Speaker of the House of Representatives , and the 17th Vice President of the United States . To date, he is one of only two Americans to have served as both House speaker and vice president.President Ulysses S...
, who married Wade’s sister, and became friends with future President James Garfield
James Garfield
James Abram Garfield served as the 20th President of the United States, after completing nine consecutive terms in the U.S. House of Representatives. Garfield's accomplishments as President included a controversial resurgence of Presidential authority above Senatorial courtesy in executive...
. Wade was admitted to the bar in 1857, and in 1860 he was elected probate
Probate
Probate is the legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person's property under the valid will. A probate court decides the validity of a testator's will...
judge of Ashtabula County
Ashtabula County, Ohio
Ashtabula County is the northeasternmost county in the state of Ohio. As of 2010, the population was 101,497, its county seat is Jefferson. The county is named for a Native American word meaning "river of many fish"....
, a position he held for seven years. Wade married Bernice Galpin on June 3, 1863. In 1867, he was elected to a term in the Ohio Senate
Ohio Senate
The Ohio State Senate is the upper house of the Ohio General Assembly, the legislative body for the U.S. state of Ohio. There are 33 State Senators. The state legislature meets in the state capital, Columbus. The President of the Senate presides over the body when in session, and is currently Tom...
.
On the Montana Territorial Supreme Court
Though he had no previous experience in the west, Wade was appointed the third Chief Justice of the Montana Territorial Supreme Court by President Ulysses S. GrantUlysses S. Grant
Ulysses S. Grant was the 18th President of the United States as well as military commander during the Civil War and post-war Reconstruction periods. Under Grant's command, the Union Army defeated the Confederate military and ended the Confederate States of America...
on March 14, 1871, and confirmed by 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...
on March 17. His sixteen year tenure on that court was the longest served by any member. He was appointed to three more terms, serving on the court until 1887, when N. W. McConnell was appointed as his successor by President Cleveland
Grover Cleveland
Stephen Grover Cleveland was the 22nd and 24th president of the United States. Cleveland is the only president to serve two non-consecutive terms and therefore is the only individual to be counted twice in the numbering of the presidents...
.
Wade authored roughly thirty percent of the court’s output during its twenty-five year history, writing 192 majority opinions, along with fourteen concurrences and dissents. His opinions often did not cite precedent
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...
s, but instead simply explained a rule based on an applicable statute or simply through elaborated reasoning.
Territorial Supreme Court justices also served as trial judges until 1886, and in this capacity Wade sentenced a reported 500 men to prison and sent twelve to the gallows
Gallows
A gallows is a frame, typically wooden, used for execution by hanging, or by means to torture before execution, as was used when being hanged, drawn and quartered...
. An anecdote relates how Wade, trying to rid Friday of its nickname of the "hangman’s day," sentenced a murderer to be hanged on a Thursday instead. He explained "I could not see but the fellow enjoyed it just as well as though Friday had been the day appointed, and I thought that poor abused Friday looked a little brighter the next morning."
While on the court, Wade authored a law-themed novel, Clare Lincoln, which was published in 1876 and achieved some popularity in the territory. In 1879, he wrote an article titled Self Government in the Territories, Int’l Rev. 229 (1879), in which he said that the territorial court's structure "made official life in the Territories" into "a personal warfare, which is neither pleasant to the officer nor beneficial to the people."
Montana codification and later life
After leaving the court, Wade entered private practice in HelenaHelena, Montana
Helena is the capital city of the U.S. state of Montana and the county seat of Lewis and Clark County. The 2010 census put the population at 28,180. The local daily newspaper is the Independent Record. The Helena Brewers minor league baseball and Helena Bighorns minor league hockey team call the...
as a partner in a law firm. Montana became a state on November 8, 1889, and from 1889 until 1895, Wade served as one of three Code Commissioners who were tasked with the codification of Montana law. The Commission produced four legal code
Legal code
A legal code is a body of law written by a governmental body, such as a U.S. state, a Canadian Province or German Bundesland or a municipality...
s—Civil, Political, Procedure and Penal—to replace the volumes of session laws. These were reported to the Montana Legislature in 1892, though no action was taken at first due to political reasons as well as concerns of uncertainty and inconsistency inherent in codes. Wade, at that time one of the most prominent lawyers in the state, is considered to have been the most important advocate for codification. On April 5, 1894, he gave an address to the Helena Bar Association arguing for the adoption of the four codes. His speech was subsequently published as a pamphlet, Necessity for Codification. The Legislature adopted the codes the following year.
In addition to his private practice and support of codification, Wade continued to write. He contributed the chapters on law and the courts for An Illustrated History of the State of Montana by Joaquin Miller
Joaquin Miller
Joaquin Miller was the pen name of the colorful American poet Cincinnatus Heine Miller , nicknamed the "Poet of the Sierras".-Early years and family:...
, a popular history of Montana published in 1894; Wade’s section was titled "The Bench and Bar 1880-1884." In 1895, Wade gave an address to the Montana Bar Association that was subsequently published as The Common Law.
Wade eventually returned to Ashtabula in Ohio, where he spent his last years.