Thomas Todd
Encyclopedia
Thomas Todd was an American
attorney
and U.S. Supreme Court
justice. Raised in the Colony of Virginia, he studied law and later participated in the founding of Kentucky
, where he served as a clerk, judge, and justice. He was married twice and had a total of eight children. Todd joined the U.S. Supreme Court in 1807 and his handful of legal opinion
s there mostly concerned land claims
.
, on January 23, 1765. He was the youngest of five children. Both of his parents died when he was young. He was raised Presbyterian. At the age of sixteen, Todd served in the American Revolutionary War
for six months and then returned home. He attended Liberty Hall Academy in Lexington, Virginia
, which is now Washington and Lee University
, and graduated in 1783.
Todd then became a tutor at Liberty Hall Academy in exchange for room and board
and instruction in the law
. Todd studied surveying
before moving to Kentucky County (then part of Virginia
) in 1783 when his first cousin, Harry Innes
, was appointed to the Kentucky district of the Virginia Supreme Court. Todd read law to gain admission to the Kentucky bar
in 1786, but he gained positions of influence by becoming a recorder
.
s between 1784 and 1792 where Kentucky
was seeking statehood
. He served as secretary to the Kentucky State Legislature when Kentucky was admitted to the Union
in 1792. When the Kentucky Court of Appeals
, the State's highest court, was created in 1789, Todd became its chief clerk. He also maintained a private practice in Danville, Kentucky
from 1788 until 1801, when Todd was appointed a Justice
of the Kentucky Court of Appeals
. In 1806 he was elevated to Chief Justice
.
, and John Harris. On March 29, 1812, Todd married Lucy Payne Washington
, the youngest sister of Dolley Madison
and the widow of Major George Steptoe Washington
, who was a nephew of President George Washington
. It is believed to be the first wedding held in the White House
. Their three children were William J. Todd, Madisonia Todd, and James Madison Todd.
Todd was nominated to the U.S. Supreme Court by President Thomas Jefferson
on February 28, 1807, after Congress
raised the number of seats on the court to seven by 2 Stat. 420, 421. He was confirmed by the United States Senate
on March 2, 1807, and received his commission the following day. He is one of 19 Presbyterians to have served on the Court.
Todd served as a Supreme Court Justice until his death in Frankfort, Kentucky
on February 7, 1826 at the age of 61. Todd was buried in the Innes family cemetery but later exhumed and reinterred in the State Cemetery at Frankfort
.
. Politically, Todd was a Jeffersonian. Although they had different political beliefs, Todd adopted Marshall's views on judicial interpretation
, but did not write a single constitutional opinion. He was labelled the most insignificant U.S. Supreme Court justice by Frank H. Easterbrook
in The Most Insignificant Justice: Further Evidence, 50 U. Chi. L. Rev. 481 (1983). Todd wrote only fourteen opinions--eleven majority, two concurring and one dissenting. Ten of his eleven majority opinions involved disputed land and survey claims.
Todd's first reported opinion was a dissent to the opinion
of Chief Justice Marshall in Finley v. Lynn. He concurred in all other opinions written by the Chief Justice. One of the more interesting of these cases was Preston v. Browder, where Todd upheld the right of North Carolina
to make land claim restrictions on filings that were made in Indian territory
and violated the Treaty of the Long Island of Holston made by the state on July 20, 1777. His opinion in Watts v. Lindsey's Heirs et al., explained confusing and complicated land title problems which plagued early settler
s of Kentucky.
Todd's only Court opinion which did not involve land law was his last. In Riggs v. Taylor, the Justice made the important procedural ruling
, now taken for granted, that if a party intends to use an original document
as evidence
, then the original must be produced. But if the original is in the possession of the other party
to the suit, who refuses to produce it, or if the original is lost or destroyed, then secondary evidence will be admitted.
, overlooking the Kentucky River
and the capitol of Kentucky
.
Upon his death, Justice Todd was vested with substantial real property, particularly in Frankfort, Kentucky
. He was a charter member of the Kentucky River Company, the first business formed to promote Kentucky waterway
navigation
. The inventory of his estate revealed he was a shareholder of the Kentucky Turnpike, (the first publicly improved highway west of the Alleghenies), and the Frankfort toll bridge, crossing the Kentucky River
. In addition to his home, he owned more than 7200 acres (29.1 km²) of land throughout the state and another twenty or so pieces in Frankfort. After his children were provided for, as he put it, in "their full proportion", the remainder of his estate valued at more than $70,000—a large sum at the time.
Todd's papers are kept in three locations:
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
attorney
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
and U.S. Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
justice. Raised in the Colony of Virginia, he studied law and later participated in the founding of 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...
, where he served as a clerk, judge, and justice. He was married twice and had a total of eight children. Todd joined the U.S. Supreme Court in 1807 and his handful of legal opinion
Legal opinion
In law, an opinion is usually a written explanation by a judge or group of judges that accompanies an order or ruling in a case, laying out the rationale and legal principles for the ruling....
s there mostly concerned land claims
Land claims
Land claims are a legal declaration of desired control over areas of property including bodies of water. The phrase is usually only used with respect to disputed or unresolved land claims...
.
Early life
Todd was born in King and Queen County, VirginiaKing and Queen County, Virginia
As of the census of 2000, there were 6,630 people, 2,673 households, and 1,897 families residing in the county. The population density was 21 people per square mile . There were 3,010 housing units at an average density of 10 per square mile...
, on January 23, 1765. He was the youngest of five children. Both of his parents died when he was young. He was raised Presbyterian. At the age of sixteen, Todd served in the American Revolutionary War
American Revolutionary War
The American Revolutionary War , the American War of Independence, or simply the Revolutionary War, began as a war between the Kingdom of Great Britain and thirteen British colonies in North America, and ended in a global war between several European great powers.The war was the result of the...
for six months and then returned home. He attended Liberty Hall Academy in Lexington, Virginia
Lexington, Virginia
Lexington is an independent city within the confines of Rockbridge County in the Commonwealth of Virginia. The population was 7,042 in 2010. Lexington is about 55 minutes east of the West Virginia border and is about 50 miles north of Roanoke, Virginia. It was first settled in 1777.It is home to...
, which is 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...
, and graduated in 1783.
Todd then became a tutor at Liberty Hall Academy in exchange for room and board
Room and board
Room and board describes a situation where, in exchange for money, labor or other considerations, a person is provided with a place to live as well as meals on a comprehensive basis...
and instruction in the law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
. Todd studied surveying
Surveying
See Also: Public Land Survey SystemSurveying or land surveying is the technique, profession, and science of accurately determining the terrestrial or three-dimensional position of points and the distances and angles between them...
before moving to Kentucky County (then part of Virginia
Virginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
) in 1783 when his first cousin, Harry Innes
Harry Innes
Harry Innes was the first United States federal judge in Kentucky.Innes was born in Caroline County, Virginia, the son of the Reverend Robert Innes and Catharine Innes. Innes attended Donald Robertson's school and William and Mary College...
, was appointed to the Kentucky district of the Virginia Supreme Court. Todd read law to gain admission to the Kentucky 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 1786, but he gained positions of influence by becoming a recorder
Court reporter
A court reporter, stenotype reporter, voice writing reporter, or transcriber is a person whose occupation is to transcribe spoken or recorded speech into written form, using machine shorthand or voice writing equipment to produce official transcripts of court hearings, depositions and other...
.
Career
Todd served as the clerk at five constitutional conventionConstitutional convention (political meeting)
A constitutional convention is now a gathering for the purpose of writing a new constitution or revising an existing constitution. A general constitutional convention is called to create the first constitution of a political unit or to entirely replace an existing constitution...
s between 1784 and 1792 where 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...
was seeking statehood
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...
. He served as secretary to the Kentucky State Legislature when Kentucky was admitted to the Union
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
in 1792. When 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....
, the State's highest court, was created in 1789, Todd became its chief clerk. He also maintained a private practice in Danville, Kentucky
Danville, Kentucky
Danville is a city in and the county seat of Boyle County, Kentucky, United States. The population was 16,218 at the 2010 census.Danville is the principal city of the Danville Micropolitan Statistical Area, which includes all of Boyle and Lincoln counties....
from 1788 until 1801, when Todd was appointed a Justice
Justice
Justice is a concept of moral rightness based on ethics, rationality, law, natural law, religion, or equity, along with the punishment of the breach of said ethics; justice is the act of being just and/or fair.-Concept of justice:...
of 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....
. In 1806 he was elevated to Chief Justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
.
Marriage
Todd married Elizabeth Harris in 1788 and they were the parents of five children: Elizabeth (Mrs. John Hanna), Ann Maria (Mrs. Edmund Starling), Harry Innes, Charles ScottCharles Scott Todd
Charles Stewart Todd was a United States army officer and government official.The son of Supreme Court Associate Justice Thomas Todd, he was born near Danville, Kentucky, and graduated from the College of William and Mary in 1809. He was a subaltern and judge-advocate of General James Winchester's...
, and John Harris. On March 29, 1812, Todd married Lucy Payne Washington
Lucy Washington
Lucy Washington , one of eight children born to John Payne and Mary Coles, was the sister of Dolley Madison, the wife of American President James Madison. She first married Major George Steptoe Washington, a nephew of American President George Washington...
, the youngest sister of Dolley Madison
Dolley Madison
Dolley Payne Todd Madison was the spouse of the fourth President of the United States, James Madison, and was First Lady of the United States from 1809 to 1817...
and the widow of Major George Steptoe Washington
George Steptoe Washington
George Steptoe Washington was an American soldier and the husband of both Lucy Washington and Mary Coles Payne...
, who was a nephew of President George Washington
George Washington
George Washington was the dominant military and political leader of the new United States of America from 1775 to 1799. He led the American victory over Great Britain in the American Revolutionary War as commander-in-chief of the Continental Army from 1775 to 1783, and presided over the writing of...
. It is believed to be the first wedding held in the White House
White House
The White House is the official residence and principal workplace of the president of the United States. Located at 1600 Pennsylvania Avenue NW in Washington, D.C., the house was designed by Irish-born James Hoban, and built between 1792 and 1800 of white-painted Aquia sandstone in the Neoclassical...
. Their three children were William J. Todd, Madisonia Todd, and James Madison Todd.
Appointment to the Supreme Court
Thomas Jefferson
Thomas Jefferson was the principal author of the United States Declaration of Independence and the Statute of Virginia for Religious Freedom , the third President of the United States and founder of the University of Virginia...
on February 28, 1807, after Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
raised the number of seats on the court to seven by 2 Stat. 420, 421. He was 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 2, 1807, and received his commission the following day. He is one of 19 Presbyterians to have served on the Court.
Todd served as a Supreme Court Justice until his death in Frankfort, Kentucky
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...
on February 7, 1826 at the age of 61. Todd was buried in the Innes family cemetery but later exhumed and reinterred in the State Cemetery at Frankfort
Frankfort Cemetery
The Frankfort Cemetery is located on East Main Street in Frankfort, Kentucky. The cemetery is the burial site of Daniel Boone and contains the graves of other famous Americans including seventeen Kentucky governors.-History:...
.
Court opinions
Todd served under Chief Justice John MarshallJohn Marshall
John Marshall was the Chief Justice of the United States whose court opinions helped lay the basis for American constitutional law and made the Supreme Court of the United States a coequal branch of government along with the legislative and executive branches...
. Politically, Todd was a Jeffersonian. Although they had different political beliefs, Todd adopted Marshall's views on judicial interpretation
Judicial interpretation
Judicial interpretation is a theory or mode of thought that explains how the judiciary should interpret the law, particularly constitutional documents and legislation...
, but did not write a single constitutional opinion. He was labelled the most insignificant U.S. Supreme Court justice by Frank H. Easterbrook
Frank H. Easterbrook
Frank Hoover Easterbrook is the Chief Judge of the United States Court of Appeals for the Seventh Circuit. He has been Chief Judge since November 2006, and has been a judge on the court since 1985...
in The Most Insignificant Justice: Further Evidence, 50 U. Chi. L. Rev. 481 (1983). Todd wrote only fourteen opinions--eleven majority, two concurring and one dissenting. Ten of his eleven majority opinions involved disputed land and survey claims.
Todd's first reported opinion was a dissent to the opinion
Dissenting opinion
A dissenting opinion is an opinion in a legal case written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment....
of Chief Justice Marshall in Finley v. Lynn. He concurred in all other opinions written by the Chief Justice. One of the more interesting of these cases was Preston v. Browder, where Todd upheld the right of North Carolina
North Carolina
North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...
to make land claim restrictions on filings that were made in Indian territory
Indian Territory
The Indian Territory, also known as the Indian Territories and the Indian Country, was land set aside within the United States for the settlement of American Indians...
and violated the Treaty of the Long Island of Holston made by the state on July 20, 1777. His opinion in Watts v. Lindsey's Heirs et al., explained confusing and complicated land title problems which plagued early settler
Settler
A settler is a person who has migrated to an area and established permanent residence there, often to colonize the area. Settlers are generally people who take up residence on land and cultivate it, as opposed to nomads...
s of Kentucky.
Todd's only Court opinion which did not involve land law was his last. In Riggs v. Taylor, the Justice made the important procedural ruling
Procedural law
Procedural law or adjective law comprises the rules by which a court hears and determines what happens in civil lawsuit, criminal or administrative proceedings. The rules are designed to ensure a fair and consistent application of due process or fundamental justice to all cases that come before...
, now taken for granted, that if a party intends to use an original document
Documentary evidence
Documentary evidence is any evidence introduced at a trial in the form of documents. Although this term is most widely understood to mean writings on paper , the term actually include any media by which information can be preserved...
as evidence
Evidence (law)
The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...
, then the original must be produced. But if the original is in the possession of the other party
Party (law)
A party is a person or group of persons that compose a single entity which can be identified as one for the purposes of the law. Parties include: plaintiff , defendant , petitioner , respondent , cross-complainant A party is a person or group of persons that compose a single entity which can be...
to the suit, who refuses to produce it, or if the original is lost or destroyed, then secondary evidence will be admitted.
Death and legacy
Todd's remains are reinterred at historic Frankfort CemeteryFrankfort Cemetery
The Frankfort Cemetery is located on East Main Street in Frankfort, Kentucky. The cemetery is the burial site of Daniel Boone and contains the graves of other famous Americans including seventeen Kentucky governors.-History:...
, overlooking the Kentucky River
Kentucky River
The Kentucky River is a tributary of the Ohio River, long, in the U.S. state of Kentucky. The river and its tributaries drain much of the central region of the state, with its upper course passing through the coal-mining regions of the Cumberland Mountains, and its lower course passing through the...
and the capitol of Kentucky
Kentucky State Capitol
The Kentucky State Capitol is located in Frankfort and is the house of the three branches of the state government of the Commonwealth of Kentucky...
.
Upon his death, Justice Todd was vested with substantial real property, particularly in Frankfort, Kentucky
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...
. He was a charter member of the Kentucky River Company, the first business formed to promote Kentucky waterway
Waterway
A waterway is any navigable body of water. Waterways can include rivers, lakes, seas, oceans, and canals. In order for a waterway to be navigable, it must meet several criteria:...
navigation
Navigation
Navigation is the process of monitoring and controlling the movement of a craft or vehicle from one place to another. It is also the term of art used for the specialized knowledge used by navigators to perform navigation tasks...
. The inventory of his estate revealed he was a shareholder of the Kentucky Turnpike, (the first publicly improved highway west of the Alleghenies), and the Frankfort toll bridge, crossing the Kentucky River
Kentucky River
The Kentucky River is a tributary of the Ohio River, long, in the U.S. state of Kentucky. The river and its tributaries drain much of the central region of the state, with its upper course passing through the coal-mining regions of the Cumberland Mountains, and its lower course passing through the...
. In addition to his home, he owned more than 7200 acres (29.1 km²) of land throughout the state and another twenty or so pieces in Frankfort. After his children were provided for, as he put it, in "their full proportion", the remainder of his estate valued at more than $70,000—a large sum at the time.
Todd's papers are kept in three locations:
- Cincinnati Historical Society, Cincinnati, OhioCincinnati, OhioCincinnati is a city in the U.S. state of Ohio. Cincinnati is the county seat of Hamilton County. Settled in 1788, the city is located to north of the Ohio River at the Ohio-Kentucky border, near Indiana. The population within city limits is 296,943 according to the 2010 census, making it Ohio's...
. - The Filson Historical SocietyThe Filson Historical SocietyThe Filson Historical Society is a historical society located in the Old Louisville neighborhood of Louisville, Kentucky. The organization was founded in 1884 and named after early Kentucky explorer John Filson, who wrote The Discovery, Settlement, and Present State of Kentucke, which included one...
, Louisville, KentuckyLouisville, KentuckyLouisville is the largest city in the U.S. state of Kentucky, and the county seat of Jefferson County. Since 2003, the city's borders have been coterminous with those of the county because of a city-county merger. The city's population at the 2010 census was 741,096...
. - University of KentuckyUniversity of KentuckyThe University of Kentucky, also known as UK, is a public co-educational university and is one of the state's two land-grant universities, located in Lexington, Kentucky...
, Margaret I. King Library, Lexington, KentuckyLexington, KentuckyLexington is the second-largest city in Kentucky and the 63rd largest in the US. Known as the "Thoroughbred City" and the "Horse Capital of the World", it is located in the heart of Kentucky's Bluegrass region...
.
See also
- List of Justices of the Supreme Court of the United States
- List of United States Chief Justices by time in office
- List of U.S. Supreme Court Justices by time in office
- United States Supreme Court cases during the Marshall Court
Further reading
- Flanders, Henry. http://books.google.com/books?id=eEQEAAAAYAAJ&printsec=frontcover&dq=Flanders,+Henry.+The+Lives+and+Times+of+the+Chief+Justices+of+the+United+States+Supreme+Court&source=bl&ots=TlVq46f3l1&sig=xFW-bezy_iOIcXW3X8l-bbzddk8&hl=en&ei=kh1TS5atOIzkNc3DuYkJ&sa=X&oi=book_result&ct=result&resnum=1&ved=0CAcQ6AEwAA#v=onepage&q=&f=falseThe Lives and Times of the Chief Justices of the United States Supreme Court]. Philadelphia: J. B. Lippincott & Co., 1874 at Google Books.
- White, G. Edward. The Marshall Court & Cultural Change, 1815-35. Published in an abridged edition, 1991.