Thomas Todd | |
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| Associate Justice of the Supreme Court of the United States | |
| In office May 4, 1807 – February 7, 1826 | |
| Nominated by | Thomas Jefferson |
| Preceded by | Seat established |
| Succeeded by | Robert Trimble |
| Chief Justice of theKentucky Court of Appeals | |
| In office December 13, 1806 – March 3, 1807 | |
| Preceded by | George Muter |
| Succeeded by | Felix Grundy |
| Associate Justice of theKentucky Court of Appeals | |
| In office December 19, 1801 – December 13, 1806 | |
| Preceded by | Seat established |
| Succeeded by | Robert Trimble |
| Member of theVirginia House of Delegates forLincoln County | |
| In office October 17, 1791 – December 20, 1791 Serving with John Logan | |
| Preceded by | Baker Ewing |
| Succeeded by | position abolished |
| Personal details | |
| Born | (1765-01-23)January 23, 1765 |
| Died | February 7, 1826(1826-02-07) (aged 61) Frankfort, Kentucky, U.S. |
| Resting place | Frankfort Cemetery |
| Political party | Democratic-Republican |
| Spouse(s) | Elizabeth Harris Lucy Payne(1812–1826) |
| Education | Liberty Hall Academy |
| Military service | |
| Allegiance | .svg) United Colonies of North America |
| Branch/service |  Continental Army |
| Years of service | 1781 |
| Rank | Private |
| Unit |  Virginia Militia |
Thomas Todd (January 23, 1765 – February 7, 1826) was anAssociate Justice of the Supreme Court of the United States from 1807 to 1826. Raised in theColony of Virginia, hestudied law and later participated in the founding ofKentucky, 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 oflegal opinions there mostly concernedland claims. He was labeled the most insignificant U.S. Supreme Court justice byFrank H. Easterbrook inThe Most Insignificant Justice: Further Evidence, 50 U. Chi. L. Rev. 481 (1983).
Todd was born to the former Elizabeth Richards and her husband, Richard Todd inKing and Queen County, Virginia, on January 23, 1765.[1][2] He was the youngest of five children, all orphaned when Thomas was a boy. He was raisedPresbyterian, but because Virginia lacked public schools at the time, had difficulty obtaining an education.[3]
At the age of 16, Todd joined theContinental Army as aprivate with a cavalry company fromManchester, Virginia in the final months of theAmerican Revolutionary War. After only six months of battle, he returned home and enrolled inLiberty Hall Academy (nowWashington and Lee University) inLexington, Virginia, graduating in 1783.[1]
Todd then became a tutor at Liberty Hall Academy (which later becameWashington & Lee University) in exchange forroom and board, and graduated at age 18, in 1783. Todd lived with the family of his cousin, JudgeHarry Innes inBedford County, Virginia and also studiedsurveying before moving toKentucky County (then part ofVirginia) with the Innes family when Harry Innes was appointed to the Kentucky district of theVirginia Supreme Court.[4] Todd tutored his cousin's children inDanville, Kentucky in exchange for help inreading law.[5]
Todd was admitted to the Kentuckybar in 1786, and maintained a private practice inDanville, Kentucky from 1788 until 1801. He also gained influence by becoming itscourt reporter and served as secretary to theKentucky State Legislature after statehood. Before that event, Todd served as the secretary to ten conventions between 1784 and 1792 which advocated formation of the state of Kentucky, and which later wrote its state constitution.[6] Todd also served as one of Lincoln County's two delegates to theVirginia House of Delegates in the term which ended in Kentucky'sstatehood.[7] He was a candidate for governor of Kentucky in 1795[8] and 1800.[9]
Todd was also the first clerk of theKentucky Court of Appeals (on which he would in 1801 begin to sit as one of its judges and beginning in 1806 as its chief judge).[6] Todd also owned slaves, twenty-six slaves at the time of the 1820 census.[10]
Todd married twice, although genealogists disagree as to some of his offspring. He first married Elizabeth Harris in 1788. She bore had three sons of whom the first, Harry Innes Todd died as an infant, butCharles Stewart Todd (1791–1871) continued the family's legal, military and public service traditions and John Harris Todd (1795–1824) also became a lawyer. Their daughters, Ann Maria (1801–1862) and Elizabeth Frances (1808–1892) would marry prominent lawyers.[11][12]
On March 29, 1812, after more than a year of mourning his first wife, Todd married Lucy Payne Washington, the youngest sister ofDolley Madison[1] and the widow of MajorGeorge Steptoe Washington, who was a nephew of PresidentGeorge Washington. It is believed to be the first wedding held in theWhite House.[13] Genealogists agree that their son James Madison Todd (1817–1897) survived and married, and that their daughter was named Madisonia, but disagree as to whether the other son was named William J. or Thomas Johnston Todd.[14]
On February 28, 1807, PresidentThomas Jeffersonnominated Todd as an associate justice of theSupreme Court,[15] after the number of seats on the Court was expanded from six to seven byCongress.[16] TheUnited States Senate confirmed the appointment on March 2, 1807,[15] and Todd wassworn into office on May 4, 1807.[17]
Todd served under Chief JusticeJohn Marshall. As justice responsible for the circuit including Kentucky, Tennessee and Ohio, Todd convened court twice a year each inNashville,Frankfort andChillicothe, and spent the six winter months inWashington, D.C.[6]
He is one of 19Presbyterians to have served on the Court.[18] He served on the Court until his death on February 7, 1826.[17]
Politically, Todd was aJeffersonian.[1] Although they had different political beliefs, Todd adopted Marshall's views onjudicial interpretation, but did not write a single constitutional opinion. Todd wrote only fourteenopinions—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 adissent to the opinion of Chief Justice Marshall inFinley v. Lynn. He concurred in all other opinions written by the chief justice. One of the more interesting of these cases wasPreston v. Browder, in which the court upheld the right ofNorth Carolina to make land claim restrictions on filings that were made inIndian Territory and that violated theTreaty of the Long Island of Holston made by the state on July 20, 1777. His opinion inWatts v. Lindsey's Heirs et al., explained confusing and complicatedland title problems which plagued early settlers of Kentucky.[citation needed]
Todd's only Court opinion that did not involve land law was his last. InRiggs v. Taylor, the court made the importantprocedural ruling, now taken for granted, that if a party intends to use adocument asevidence, then the original must be produced. However, if the original is in the possession of the other party to the suit, and that party refuses to produce it, or if the original is lost or destroyed, then secondary evidence will be admitted.
Todd died in Frankfort, Kentucky on February 7, 1826, at the age of 61. He was initially buried in the Innesfamily cemetery. Later, his remains were removed toFrankfort Cemetery, overlooking theKentucky River and theKentucky State Capitol.[19]
At the time of his death, Todd owned substantial real property, particularly in Frankfort. He was a charter member of theKentucky River Company, the first business formed to promote Kentuckywaterwaynavigation. The inventory of his estate revealed he was a shareholder of theKentucky Turnpike, the first publicly improved highway west of theAlleghenies, and the Frankfort toll bridge, crossing the Kentucky River. In addition to his home, he owned more than 7,200 acres (29 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.[20]
Todd's papers are kept in three locations:
DuringWorld War II theLiberty shipSS Thomas Todd was built inBrunswick, Georgia, and named in his honor.[22]
Todd became a member of theAmerican Antiquarian Society in 1820.[23] He was also aFreemason.[24]
| Legal offices | ||
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| New seat | Associate Justice of the Kentucky Court of Appeals 1801–1807 | Succeeded by |
| Preceded by | Chief Justice of the Kentucky Court of Appeals 1806–1807 | Succeeded by |
| New seat | Associate Justice of the Supreme Court of the United States 1807–1826 | Succeeded by |
Marshall Court (1801–1835) | |||||||||||
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