David Irvin (1798March 23, 1872) was an American lawyer, jurist, and pioneer of

Wisconsin Wisconsin ( ) is a U.S. state, state in the Great Lakes region, Great Lakes region of the Upper Midwest of the United States. It borders Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michig ...

Iowa Iowa ( ) is a U.S. state, state in the upper Midwestern United States, Midwestern region of the United States. It borders the Mississippi River to the east and the Missouri River and Big Sioux River to the west; Wisconsin to the northeast, Ill ...

, and

Texas Texas ( , ; or ) is the most populous U.S. state, state in the South Central United States, South Central region of the United States. It borders Louisiana to the east, Arkansas to the northeast, Oklahoma to the north, New Mexico to the we ...

. He served as a justice of the Supreme Court of the

Wisconsin Territory The Territory of Wisconsin was an organized and incorporated territory of the United States that existed from July 3, 1836, until May 29, 1848, when an eastern portion of the territory was admitted to the Union as the State of Wisconsin. Belm ...

for the entire existence of that court, from 1836 to 1848. Before that appointment, he served as a federal judge in the

Michigan Territory The Territory of Michigan was an organized incorporated territory of the United States that existed from June 30, 1805, until January 26, 1837, when the final extent of the territory was admitted to the Union as the State of Michigan. Detroit ...

from 1832 to 1836, having jurisdiction over the part of the territory west of Lake Michigan, including what is now Wisconsin, Iowa, and Minnesota.

Biography

David Irvin was born in

Albemarle County, Virginia Albemarle County is a United States county (United States), county located in the Piedmont region of Virginia, Piedmont region of the Commonwealth (U.S. state), Commonwealth of Virginia. Its county seat is Charlottesville, Virginia, Charlottes ...

, about 1798. He was raised and educated in Albemarle County; he studied law and was admitted to the bar there in 1820. He subsequently moved to practice law in the

Shenandoah Valley The Shenandoah Valley () is a geographic valley and cultural region of western Virginia and the eastern panhandle of West Virginia in the United States. The Valley is bounded to the east by the Blue Ridge Mountains, to the west by the east ...

. Irvin was described by historical documents as a close friend of

William Cabell Rives William Cabell Rives (May 4, 1793April 25, 1868) was an American lawyer, planter, politician and diplomat from Virginia. Initially a Jackson Democrat as well as member of the First Families of Virginia, Rives served in the Virginia House of Deleg ...

, who during these years became a member of Congress and U.S. senator. After several years without much success as a lawyer, Irvin secured an appointment as a federal judge in the

, and historical sources credit Rives for influencing this appointment. Irvin's elder brother, William W. Irvin, was also a U.S. representative in this era and may also have had influence in his appointment. He was appointed by President

Andrew Jackson Andrew Jackson (March 15, 1767 – June 8, 1845) was the seventh president of the United States from 1829 to 1837. Before Presidency of Andrew Jackson, his presidency, he rose to fame as a general in the U.S. Army and served in both houses ...

to serve a four year term, beginning February 1, 1832, to succeed

James Duane Doty James Duane Doty (November 5, 1799 – June 13, 1865) was an American land speculator, politician, and pioneer. He served as the 2nd Governor of Wisconsin, governor (1841–1844) of the Wisconsin Territory and 5th Governor of Utah, governor ...

. His district covered all of the Michigan Territory west of

Lake Michigan Lake Michigan ( ) is one of the five Great Lakes of North America. It is the second-largest of the Great Lakes by volume () and depth () after Lake Superior and the third-largest by surface area (), after Lake Superior and Lake Huron. To the ...

. He was not particularly interested in court business and spent no more time in the Michigan Territory than was required for him to complete his responsibilities, normally residing in Virginia or

St. Louis St. Louis ( , sometimes referred to as St. Louis City, Saint Louis or STL) is an independent city in the U.S. state of Missouri. It lies near the confluence of the Mississippi and the Missouri rivers. In 2020, the city proper had a populatio ...

. In about 1834, an effort was made by territory residents to have his judicial seat declared vacant due to his frequent absences, and to have a resident of the territory appointed in his place; President Jackson refused the effort and allowed Irvin to remain in office. In 1836, the

was created from the western half of the Michigan Territory, and the organizing act of the Wisconsin Territory established a Supreme Court for the territory. President Jackson appointed Irvin to one of the three seats on the Wisconsin Territory Supreme Court. He served continuously on the Wisconsin Territory Supreme Court for its entire existence, from 1836 to 1848. In the early years of the Wisconsin Territory, his judicial district comprised all of the area of the Wisconsin Territory west of the

Mississippi River The Mississippi River is the main stem, primary river of the largest drainage basin in the United States. It is the second-longest river in the United States, behind only the Missouri River, Missouri. From its traditional source of Lake Ita ...

. That land was removed from the Wisconsin Territory with the establishment of the

Iowa Territory The Territory of Iowa was an organized incorporated territory of the United States that existed from July 4, 1838, until December 28, 1846, when the southeastern portion of the territory was admitted to the Union as the state of Iowa. The remai ...

in 1838; after that time, his district shifted to territory in the south-central part of what is now the state of Wisconsin. Wisconsin state bar biographers noted that he was not a particularly skilled lawyer, did not possess vast legal knowledge, and had little interest in reading books or studying current events. Irvin's court decisions were usually attributed more to common sense than following the law. He said his horse, Pedro, had more common sense than the lawyers in his courtroom. He would often adjourn court to shoot

prairie chicken ''Tympanuchus'' is a small genus of birds in the grouse family. They are commonly referred to as prairie-chickens. Taxonomy The genus ''Tympanuchus'' was introduced in 1841 by the German zoologist Constantin Wilhelm Lambert Gloger for the gre ...

s. While serving in the Wisconsin Territory, in 1841, he was also elected to the

American Philosophical Society The American Philosophical Society (APS) is an American scholarly organization and learned society founded in 1743 in Philadelphia that promotes knowledge in the humanities and natural sciences through research, professional meetings, publicat ...

. When his office in the Territory government ceased to exist, in 1848, Irvin left Wisconsin and moved to the new state of

. He invested in a large cotton plantation on the Guadalupe River near

Galveston Galveston ( ) is a Gulf Coast of the United States, coastal resort town, resort city and port off the Southeast Texas coast on Galveston Island and Pelican Island (Texas), Pelican Island in the U.S. state of Texas. The community of , with a pop ...

. Reportedly, as a Texas resident, Irvin supported the Confederacy during the

American Civil War The American Civil War (April 12, 1861May 26, 1865; also known by Names of the American Civil War, other names) was a civil war in the United States between the Union (American Civil War), Union ("the North") and the Confederate States of A ...

. After the defeat of the Confederacy in the Civil War, Irvin lost most of his property. He died in Texas on March 23, 1872.

Personal life and family

David Irvin was the youngest of ten children born to Reverend William Irvin and his wife Elizabeth (' Holt). William Irvin was one of the earliest Presbyterian ministers in Albemarle County, Virginia. David's elder brother William W. Irvin moved to Ohio in the early 1800s where he served on the

Supreme Court of Ohio The Supreme Court of the State of Ohio is the highest court in the U.S. state of Ohio, with final authority over interpretations of Ohio law and the Ohio Constitution. The court has seven members, a chief justice and six associate justices, ...

; he later represented Ohio for two terms in the

U.S. House of Representatives The United States House of Representatives is a chamber of the bicameral United States Congress; it is the lower house, with the U.S. Senate being the upper house. Together, the House and Senate have the authority under Article One of th ...

. David Irvin never married. His closest companions were said to be his horse, Pedro, and dog, York, who were depicted with him in his official portrait.

Notes

References

, - , - {{DEFAULTSORT:Irvin, David 1798 births 1872 deaths Year of birth uncertain Date of birth missing People from Albemarle County, Virginia Lawyers from Galveston, Texas Wisconsin Territory judges 19th-century Wisconsin state court judges