Thomas Todd

Infobox Judge
name = Thomas Todd


imagesize = 200px
caption = Official Portrait
office = Associate Justice of the United States Supreme Court
termstart = May 4, 1807
termend = February 7, 1826
nominator =
appointer = Thomas Jefferson
predecessor = (none)
successor = Robert Trimble
office2 =
termstart2 =
termend2 =
nominator2 =
appointer2 =
predecessor2 =
successor2 =
birthdate = birth date|1765|1|23|mf=y
birthplace = King and Queen County, Virginia
deathdate = death date and age|1826|2|7|1765|1|23|mf=y
deathplace = Frankfort, Kentucky, U.S.
spouse = Elizabeth Harris, Lucy Payne Washington

Thomas Todd (23 January 1765 – 7 February 1826) 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 opinions there mostly concerned land claims.

Early life

Todd was born in King and Queen County, Virginia, on January 23, 1765.Kleber, John E. (ed.) (1992). "The Kentucky Encyclopedia", p. 888. The University Press of Kentucky. ISBN 0813117720.] 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 was admitted to the Kentucky bar in 1786, but he gained positions of influence by becoming a recorder.

Career

Todd served as the clerk at five constitutional conventions 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. In 1801, Todd was appointed a Justice of the Kentucky Court of Appeals, and in 1806 he was elevated to Chief Justice.

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 Scott, and John Harris. A year after Mrs. Todd's death in 1801, 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. Their three children were William J. Todd, Madisonia Todd, and James Madison Todd.

Appointment to the Supreme Court

Todd was appointed to the U.S. Supreme Court in 1807 by President Thomas Jefferson after Congress raised the number of seats on the court to seven. 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.

Court opinions

Todd served under Chief Justice John Marshall. 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 settlers 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 it is intended 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.

Notes

References

* [http://www.oyez.org/oyez/resource/legal_entity/16/ http://www.oyez.org/oyez/resource/legal_entity/16/]
* [http://www.adherents.com/adh_sc.html http://www.adherents.com/adh_sc.html]
* [http://www.answers.com/topic/thomas-todd http://www.answers.com/topic/thomas-todd]
* [http://www.law.cornell.edu/supct/justices/histBio.html#todd http://www.law.cornell.edu/supct/justices/histBio.html#todd]
* [http://www.ca6.uscourts.gov/lib_hist/Courts/supreme/judges/tt-bio.html http://www.ca6.uscourts.gov/lib_hist/Courts/supreme/judges/tt-bio.html]