Edmund Francis Dunne
Encyclopedia
Edmund Francis Dunne born Edmund Francis O'Dunne, was an American
politician
and jurist
who served as Chief Justice of the Supreme Court of Arizona Territory
. During his early career he served in the California State Legislature
and as a member of the Nevada
constitutional convention
. His later life was spent building the town of San Antonio, Florida
.
to John and Eleanor O'Dunne. Of Irish ancestry, he was a "rectilineal descendant of Tiege Reagh O'Dunne" on his father's side and descended from Cormac, second son of Tiego IV of Iregan on his mother's. A year after his birth, Dunne's family moved to Ohio
. There his father, a prosperous businessman, helped Irish immigrants to settle. Details of Dunne's education are unknown but the judge's broad background in history and theology combined with fluency in multiple languages indicates extensive schooling.
In 1852, Dunne and his father went to prospect for gold in California
. After several years the pair brought the rest of the family west to live with them on a farm. About this time Dunne obtained his legal education in San Francisco. In 1852 he worked to establish a Catholic colony in Mexico.
but joined the Unionist Party
following the outbreak of the American Civil War
. He was elected in 1862 to represent Sonoma County, California
in the California State Legislature
. Upon completing his term in 1863, Dunne moved to Humboldt County, Nevada Territory
.
A year after his arrival, Dunne was a member of the Nevada constitutional convention. Following statehood he was elected a district court judge for Nevada's Sixth Judicial District
in 1865 and 1866. Following his service on the state bench, Dunne established a legal practice in Washington D.C. that specialized in helping American citizens with legal claims against the Republic of Mexico.
During this time period, Dunne made a number of trips to Europe. He married Josephine Cecelia of Vicksburg, Mississippi
on October 30, 1872 at the Église Saint-Philippe-du-Roule in Paris
. The marriage produced five children. A later trip, in 1874, resulted in Dunne meeting with historians who determined he was "the legitimate legal heir of Iregan and chief of his tribe".
, recommended Dunne to replace John Titus
as Chief Justice of the Arizona Territorial Supreme Court. Safford likely knew Dunne from the time both had lived in Humboldt County. President Ulyses S. Grant made the nomination on March 6, 1874 with Senate confirmation coming on March 20. The new Chief Justice arrived with his family in late June and settled in Tucson
. During his spare time he traveled throughout the territory with Governor Safford and was credited with planting Arizona's first "orange orchard" in late 1874.
In his role as a justice, Dunne was well regarded with his opinions considered clear, well-reasoned, and rigorous. Examples of his rulings include Grounds v. Ralph, 1 Arizona 227 (1875) which rejected an appeal by a justice of the peace
on the grounds the appeal did not specify the nature of the supposed legal error
and was for an amount less than required by statute, Ford v. Haynes, 1 Arizona 229 (1875) which determined a debtor could show preferential treatment to a creditor prior to filing for bankruptcy, and Thorne v. Bowers, 1 Arizona 240 (1875) which determined an intermediary who obtained a larger sum for a mining claim from a purchaser than agreed upon by the seller could keep the difference between the two prices.
The removal of Dunne came about for reasons other than his legal expertise. An ardent Catholic, the Chief Justice believed the church should handle all education in the Territory. He publicly expressed this belief in February 1875 in a speech before the 8th Arizona Territorial Legislature
. He continued his efforts in newspaper columns over the next few months, some of which received attention on the Eastern Seaboard
. The appeals went as far as calling for Catholics to stop paying taxes which supported public schools. With the resulting commotion, President Grant decided to remove Dunne in December 1875. The Chief Justice remained on the bench till the end of his January 3–26, 1876 court session.
and in 1878 moved to Utah
where he served as legal council for a mining company. Dunne was granted a Papal knighthood in 1876 and promoted to the rank of Commander three years later. He was finally created a Count
by Pope Leo XIII
in 1884.
Dunne was living in Chicago
when he became involved with Hamilton Disston
's 1881 efforts to purchase roughly sixteen percent of peninsular Florida
. As his commission, in 1882 Dunne received 100000 acres (404.7 km²) of land west of Dade City, Florida
near the shore of Lake Jovita. The former judge used this land to found the Catholic colony of San Antonio, Florida
. He worked to build the town until his departure in 1889. Before leaving the area, Dunne conveyed his residence and the surround property along the southern shore of Lake Jovita to the Benedictine
monks in order that St. Leo College
and St. Leo Abbey
be created out of it. The town prospered until an 1895 freeze destroyed the local citrus orchards.
In his later years Dunne was a prominent Catholic lay writer and orator. His final two years were spent fighting an illness from which he died in Baltimore, Maryland on October 4, 1904. He was buried in Baltimore's New Cathedral Cemetery.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
politician
Politician
A politician, political leader, or political figure is an individual who is involved in influencing public policy and decision making...
and jurist
Jurist
A jurist or jurisconsult is a professional who studies, develops, applies, or otherwise deals with the law. The term is widely used in American English, but in the United Kingdom and many Commonwealth countries it has only historical and specialist usage...
who served as Chief Justice of the Supreme Court of Arizona Territory
Arizona Territory
The Territory of Arizona was an organized incorporated territory of the United States that existed from February 24, 1863 until February 14, 1912, when it was admitted to the Union as the 48th state....
. During his early career he served in the California State Legislature
California State Legislature
The California State Legislature is the state legislature of the U.S. state of California. It is a bicameral body consisting of the lower house, the California State Assembly, with 80 members, and the upper house, the California State Senate, with 40 members...
and as a member of the Nevada
Nevada
Nevada is a state in the western, mountain west, and southwestern regions of the United States. With an area of and a population of about 2.7 million, it is the 7th-largest and 35th-most populous state. Over two-thirds of Nevada's people live in the Las Vegas metropolitan area, which contains its...
constitutional convention
Constitutional convention
Constitutional convention may refer to:* Constitutional convention , an informal and unmodified procedural agreement.* Constitutional convention , a meeting of delegates to adopt a new constitution or revise an existing constitution.- Constitutional conventions by country :* Constitutional...
. His later life was spent building the town of San Antonio, Florida
San Antonio, Florida
San Antonio is a city in Pasco County, Florida, United States. It is a suburban city included in the Tampa-St. Petersburg-Clearwater, Florida Metropolitan Statistical Area. The population was 655 at the 2000 census, although local officials claim the true population in 2000 was 842. As of 2004,...
.
Background
Dunne was born on July 30, 1835 in Little Falls, New YorkLittle Falls (town), New York
Little Falls is a town in Herkimer County, New York, United States. The population was 1,544 at the 2000 census. The town is named after a waterfall located nearby.The Town of Little Falls has on its eastern end a small city called Little Falls...
to John and Eleanor O'Dunne. Of Irish ancestry, he was a "rectilineal descendant of Tiege Reagh O'Dunne" on his father's side and descended from Cormac, second son of Tiego IV of Iregan on his mother's. A year after his birth, Dunne's family moved to 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...
. There his father, a prosperous businessman, helped Irish immigrants to settle. Details of Dunne's education are unknown but the judge's broad background in history and theology combined with fluency in multiple languages indicates extensive schooling.
In 1852, Dunne and his father went to prospect for gold in California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
. After several years the pair brought the rest of the family west to live with them on a farm. About this time Dunne obtained his legal education in San Francisco. In 1852 he worked to establish a Catholic colony in Mexico.
Political career
During his youth, Dunne was a Douglas DemocratDouglas Democrat
Douglas Democrat refers to those Democrats who supported U.S. Senator Stephen Arnold Douglas of Illinois in the 1860 U.S. presidential election.The Douglas Democrats were the majority of the party nationally...
but joined the Unionist Party
Unionist Party (United States)
The Union Party was a fusion political party conceived by Republicans in 1861 to combine people of all political affiliations into a single movement committed to the preservation of the Union and to war. Republicans wanted to project an image of wartime nonpartisanship and they also expected to...
following the outbreak of 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...
. He was elected in 1862 to represent Sonoma County, California
Sonoma County, California
Sonoma County, located on the northern coast of the U.S. state of California, is the largest and northernmost of the nine San Francisco Bay Area counties. Its population at the 2010 census was 483,878. Its largest city and county seat is Santa Rosa....
in the California State Legislature
California State Legislature
The California State Legislature is the state legislature of the U.S. state of California. It is a bicameral body consisting of the lower house, the California State Assembly, with 80 members, and the upper house, the California State Senate, with 40 members...
. Upon completing his term in 1863, Dunne moved to Humboldt County, Nevada Territory
Humboldt County, Nevada
Humboldt County is a county located in the U.S. state of Nevada. As of 2007, the population was estimated to be 18,052. Its county seat is Winnemucca.The county was the site of an arrest in 2000 that led to the U.S. Supreme Court decision Hiibel v...
.
A year after his arrival, Dunne was a member of the Nevada constitutional convention. Following statehood he was elected a district court judge for Nevada's Sixth Judicial District
Nevada District Courts
The Nevada District Courts are the trial courts of general jurisdiction in the Nevada state court system.In the District Courts "criminal, civil, family, and juvenile matters are generally resolved through arbitration, mediation, and bench or jury trials."...
in 1865 and 1866. Following his service on the state bench, Dunne established a legal practice in Washington D.C. that specialized in helping American citizens with legal claims against the Republic of Mexico.
During this time period, Dunne made a number of trips to Europe. He married Josephine Cecelia of Vicksburg, Mississippi
Vicksburg, Mississippi
Vicksburg is a city in Warren County, Mississippi, United States. It is the only city in Warren County. It is located northwest of New Orleans on the Mississippi and Yazoo rivers, and due west of Jackson, the state capital. In 1900, 14,834 people lived in Vicksburg; in 1910, 20,814; in 1920,...
on October 30, 1872 at the Église Saint-Philippe-du-Roule in Paris
Paris
Paris is the capital and largest city in France, situated on the river Seine, in northern France, at the heart of the Île-de-France region...
. The marriage produced five children. A later trip, in 1874, resulted in Dunne meeting with historians who determined he was "the legitimate legal heir of Iregan and chief of his tribe".
Arizona Territory
U.S. Senator William Morris Stewart, upon the advice of Arizona Territorial Governor Anson P.K. SaffordAnson P.K. Safford
Anson Pacely Killen SaffordVarious sources give multiple variations for the spelling of Safford's two middle names. Among these are Peasley, Peacely, Keeler, and Killen. was the third Governor of Arizona Territory...
, recommended Dunne to replace John Titus
John Titus (jurist)
John Titus was an American attorney and jurist. He served as Chief Justice of the Supreme Courts of both Utah and Arizona Territory.-Background:...
as Chief Justice of the Arizona Territorial Supreme Court. Safford likely knew Dunne from the time both had lived in Humboldt County. President Ulyses S. Grant made the nomination on March 6, 1874 with Senate confirmation coming on March 20. The new Chief Justice arrived with his family in late June and settled in Tucson
Tucson, Arizona
Tucson is a city in and the county seat of Pima County, Arizona, United States. The city is located 118 miles southeast of Phoenix and 60 miles north of the U.S.-Mexico border. The 2010 United States Census puts the city's population at 520,116 with a metropolitan area population at 1,020,200...
. During his spare time he traveled throughout the territory with Governor Safford and was credited with planting Arizona's first "orange orchard" in late 1874.
In his role as a justice, Dunne was well regarded with his opinions considered clear, well-reasoned, and rigorous. Examples of his rulings include Grounds v. Ralph, 1 Arizona 227 (1875) which rejected an appeal by a justice of the peace
Justice of the Peace
A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...
on the grounds the appeal did not specify the nature of the supposed legal error
Error (law)
There are many kinds of error in law. Reversible error can lead to a judgment being overturned on appeal. Harmless error is distinguished from plain error in that if error is preserved by the making of a timely objection, the burden of proof is on the appellee to show that the error was harmless,...
and was for an amount less than required by statute, Ford v. Haynes, 1 Arizona 229 (1875) which determined a debtor could show preferential treatment to a creditor prior to filing for bankruptcy, and Thorne v. Bowers, 1 Arizona 240 (1875) which determined an intermediary who obtained a larger sum for a mining claim from a purchaser than agreed upon by the seller could keep the difference between the two prices.
The removal of Dunne came about for reasons other than his legal expertise. An ardent Catholic, the Chief Justice believed the church should handle all education in the Territory. He publicly expressed this belief in February 1875 in a speech before the 8th Arizona Territorial Legislature
8th Arizona Territorial Legislature
The 8th Arizona Territorial Legislative Assembly was a session of the Arizona Territorial Legislature which convened from January 4, 1875, till February 12, 1875, in Tucson, Arizona Territory.-Background:...
. He continued his efforts in newspaper columns over the next few months, some of which received attention on the Eastern Seaboard
Eastern seaboard
An Eastern seaboard can mean any easternmost part of a continent, or its countries, states and/or cities.Eastern seaboard may also refer to:* East Coast of Australia* East Coast of the United States* Eastern Seaboard of Thailand-See also:...
. The appeals went as far as calling for Catholics to stop paying taxes which supported public schools. With the resulting commotion, President Grant decided to remove Dunne in December 1875. The Chief Justice remained on the bench till the end of his January 3–26, 1876 court session.
San Antonio, Florida
After his removal from the bench, Dunne initially remained in Tucson where he opened a private legal practice. The next year he was living in Santa Fe, New MexicoSanta Fe, New Mexico
Santa Fe is the capital of the U.S. state of New Mexico. It is the fourth-largest city in the state and is the seat of . Santa Fe had a population of 67,947 in the 2010 census...
and in 1878 moved to Utah
Utah
Utah is a state in the Western United States. It was the 45th state to join the Union, on January 4, 1896. Approximately 80% of Utah's 2,763,885 people live along the Wasatch Front, centering on Salt Lake City. This leaves vast expanses of the state nearly uninhabited, making the population the...
where he served as legal council for a mining company. Dunne was granted a Papal knighthood in 1876 and promoted to the rank of Commander three years later. He was finally created a Count
Count
A count or countess is an aristocratic nobleman in European countries. The word count came into English from the French comte, itself from Latin comes—in its accusative comitem—meaning "companion", and later "companion of the emperor, delegate of the emperor". The adjective form of the word is...
by Pope Leo XIII
Pope Leo XIII
Pope Leo XIII , born Vincenzo Gioacchino Raffaele Luigi Pecci to an Italian comital family, was the 256th Pope of the Roman Catholic Church, reigning from 1878 to 1903...
in 1884.
Dunne was living in Chicago
Chicago
Chicago is the largest city in the US state of Illinois. With nearly 2.7 million residents, it is the most populous city in the Midwestern United States and the third most populous in the US, after New York City and Los Angeles...
when he became involved with Hamilton Disston
Hamilton Disston
Hamilton Disston , was an industrialist and real-estate developer who purchased four million acres of Florida land in 1881, an area larger than the state of Connecticut, and reportedly the most land ever purchased by a single person in world history...
's 1881 efforts to purchase roughly sixteen percent of peninsular Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
. As his commission, in 1882 Dunne received 100000 acres (404.7 km²) of land west of Dade City, Florida
Dade City, Florida
Dade City is a city in Pasco County, Florida. The population was 6,188 at the 2000 census. It is the county seat of Pasco County. Dade City is a suburb of the Tampa-St. Petersburg-Clearwater, Florida Metropolitan Statistical Area. As of 2004, the population recorded by the U.S...
near the shore of Lake Jovita. The former judge used this land to found the Catholic colony of San Antonio, Florida
San Antonio, Florida
San Antonio is a city in Pasco County, Florida, United States. It is a suburban city included in the Tampa-St. Petersburg-Clearwater, Florida Metropolitan Statistical Area. The population was 655 at the 2000 census, although local officials claim the true population in 2000 was 842. As of 2004,...
. He worked to build the town until his departure in 1889. Before leaving the area, Dunne conveyed his residence and the surround property along the southern shore of Lake Jovita to the Benedictine
Benedictine
Benedictine refers to the spirituality and consecrated life in accordance with the Rule of St Benedict, written by Benedict of Nursia in the sixth century for the cenobitic communities he founded in central Italy. The most notable of these is Monte Cassino, the first monastery founded by Benedict...
monks in order that St. Leo College
Saint Leo University
Saint Leo University is a private, non-profit, Roman Catholic liberal arts university established in 1889 and located in Saint Leo, Florida, 35 miles north of Tampa. The University is associated with the Holy Name Monastery, a Benedictine convent, and Saint Leo Abbey, a Benedictine monastery...
and St. Leo Abbey
Saint Leo Abbey
Saint Leo Abbey is a Benedictine monastery located in Saint Leo, Florida, United States.-History:Saint Leo Abbey, located in Pasco County, Florida, traces its founding to 1882 when Judge Edmund F. Dunne founded the Catholic Colony of San Antonio. Sent by Archabbot Boniface Wimmer, Father Gerard...
be created out of it. The town prospered until an 1895 freeze destroyed the local citrus orchards.
In his later years Dunne was a prominent Catholic lay writer and orator. His final two years were spent fighting an illness from which he died in Baltimore, Maryland on October 4, 1904. He was buried in Baltimore's New Cathedral Cemetery.