Elisha Williams McKinstry (April 10, 1824 – November 1, 1901) was a California jurist of the nineteenth century. He served as a justice of the
California Supreme Court
The Supreme Court of California is the highest and final court of appeals in the courts of the U.S. state of California. It is headquartered in San Francisco at the Earl Warren Building, but it regularly holds sessions in Los Angeles and Sac ...
from 1874 to 1888.
Biography
McKinstry was born April 10, 1824, in
Detroit
Detroit ( , ) is the List of municipalities in Michigan, most populous city in the U.S. state of Michigan. It is situated on the bank of the Detroit River across from Windsor, Ontario. It had a population of 639,111 at the 2020 United State ...
,
Michigan
Michigan ( ) is a peninsular U.S. state, state in the Great Lakes region, Great Lakes region of the Upper Midwest, Upper Midwestern United States. It shares water and land boundaries with Minnesota to the northwest, Wisconsin to the west, ...
.
He moved to
Kinderhook, New York
Kinderhook is a town in the northern part of Columbia County, New York, United States. The population was 8,330 at the 2020 census,U.S. Census, 2020, 'Kinderhook town, Columbia County, New York' making it the most populous municipality in Columb ...
,
read law
Reading law was the primary method used in common law countries, particularly the United States, for people to prepare for and enter the legal profession before the advent of law schools. It consisted of an extended internship or apprenticeship un ...
and in 1847 was admitted to the New York bar.
In 1849, McKinstry came to California on the steamship ''Panama''. and was a member of the first
California State Assembly
The California State Assembly is the lower house of the California State Legislature (the upper house being the California State Senate). The Assembly convenes, along with the State Senate, at the California State Capitol in Sacramento, Califor ...
representing Sacramento.
In 1851, he opened a law practice in
Napa, and was elected in 1852 as judge of the Seventh Judicial District Court for a term of six years, and in 1858 was re-elected. In August 1860, he visited
Paris, France
Paris () is the Capital city, capital and List of communes in France with over 20,000 inhabitants, largest city of France. With an estimated population of 2,048,472 residents in January 2025 in an area of more than , Paris is the List of ci ...
, returning to California the following month. On November 13, 1862, he resigned from the district court. In January 1863, he moved to
Mono County, California
Mono County ( ) is a county (United States), county located in the east central portion of the U.S. state of California. As of the 2020 United States census, the population was 13,195, making it the fourth-least populous county in California. T ...
, and practiced law. In August 1863, 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 ...
, he was nominated for Lieutenant Governor by the
Copperhead Democratic Party, but lost the election. Afterwards, he moved Nevada, where he practiced law and ran unsuccessfully for a seat on the
Nevada Supreme Court
The Supreme Court of Nevada is the highest state court of the U.S. state of Nevada, and the head of the Nevada Judiciary. The main constitutional function of the Supreme Court is to review appeals made directly from the decisions of the distri ...
.
In October 1864, he attended the Copperhead Democratic convention held in
Carson, Nevada
Carson City, officially the Carson City Consolidated Municipality, is an independent city and the capital of the U.S. state of Nevada. As of the 2020 census, the population was 58,639, making it the 6th most populous city in the state. The m ...
.
In October 1867, having returned to California, he was elected
San Francisco
San Francisco, officially the City and County of San Francisco, is a commercial, Financial District, San Francisco, financial, and Culture of San Francisco, cultural center of Northern California. With a population of 827,526 residents as of ...
county judge for a term of four years, but before his term expired he was elected as an independent candidate as a judge of the 12th District Court. In October 1867, during the election, a Catholic priest accused McKinstry of leading the Aurora Vigilance Committee, a quasi-lynch mob, in 1863 in
Esmeralda County, Nevada
Esmeralda County is a county in the southwestern portion of the U.S. state of Nevada. As of the 2024 estimate, the population was 720, making it the least populous county in Nevada, and the 20th least populous county in the United States. Esm ...
, and refusing to accommodate the request for last rites by four men who were condemned to hang.
In September 1873, he was nominated by the People's Independent Party and elected on October 15, 1873, to the California Supreme Court, where he served from January 1874 to October 1, 1888. McKinstry filled the seat of former Chief Justice
Royal Sprague, who died in office, and whose appointed successor,
Isaac S. Belcher, did not run for election. In 1879, when adoption of a new
constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed.
When these pri ...
required elections for all seats on the Supreme Court, McKinstry was nominated by both the Democratic Party and Workingman's Party and was re-elected. The newly elected judges drew lots to determine the length of term, and McKinstry drew an 11-year term. His notable cases include ''
Lux v. Haggin'', holding
riparian rights
Riparian water rights (or simply riparian rights) is a system for allocating water among those who possess land along its path. It has its origins in English common law. riparian zone, Riparian water rights exist in many jurisdictions with a c ...
prevailed in California. He resigned from the court on October 1, 1888.
After stepping down from the bench, from 1888 to 1895 he was a professor of law at the
University of California
The University of California (UC) is a public university, public Land-grant university, land-grant research university, research university system in the U.S. state of California. Headquartered in Oakland, California, Oakland, the system is co ...
's
Hastings College of the Law
The University of California College of the Law, San Francisco (abbreviated as UC Law SF or UC Law) is a Public university, public Law school in the United States, law school in San Francisco, California, United States. It was known as the Univ ...
in San Francisco.
He also engaged in private practice with his son, James C. McKinstry, and later with John A. Stanly and H. W. Bradley in the firm of Stanly, McKinstry, Bradley & McKinstry.
McKinstry died on November 1, 1901, in
San Jose, California
San Jose, officially the City of San José ( ; ), is a cultural, commercial, and political center within Silicon Valley and the San Francisco Bay Area. With a city population of 997,368 and a metropolitan area population of 1.95 million, it is ...
.
Honors and awards
On December 20, 1899, McKinstry delivered the oration to the Jubilee Celebration at
San Jose, California
San Jose, officially the City of San José ( ; ), is a cultural, commercial, and political center within Silicon Valley and the San Francisco Bay Area. With a city population of 997,368 and a metropolitan area population of 1.95 million, it is ...
commemorating 50 years of statehood.
[ Text of oration by Elisha W. McKinstry.]
McKinstry was awarded an honorary
LL.D.
A Doctor of Laws (LL.D.) is a doctoral degree in legal studies. The abbreviation LL.D. stands for ''Legum Doctor'', with the double “L” in the abbreviation referring to the early practice in the University of Cambridge to teach both canon law ...
from the
University of Michigan
The University of Michigan (U-M, U of M, or Michigan) is a public university, public research university in Ann Arbor, Michigan, United States. Founded in 1817, it is the oldest institution of higher education in the state. The University of Mi ...
.
Clubs
McKinstry was president of the
Society of California Pioneers
The Society of California Pioneers, established in 1850, is dedicated to the study and enjoyment of California art, history, and culture. Founded by individuals arriving in California before 1850 and thriving under the leadership of several gene ...
.
Personal life
On July 27, 1863, McKinstry was married to Annie L. Hedges at
Marysville, California
Marysville is a city and the county seat of Yuba County, California, located in the Gold Country region of Northern California. As of the 2010 United States census, the population was 12,072, reflecting a decrease of 196 from the 12,268 counte ...
, and they had two sons and two daughters: Capt.
Charles H. McKinstry, Laura L. McKinstry, James C. McKinstry, and Frances McKinstry.
See also
*
List of justices of the Supreme Court of California
The Supreme Court of California is the highest judicial body in the state and sits at the apex of the judiciary of California. Its membership consists of the Chief Justice of California and six associate justices who are nominated by the Govern ...
References
Sources
* Jones, William Carey (1901)
Illustrated History of the University of California p. 321
External links
Elisha W. McKinstry California Supreme Court Historical Society. Retrieved July 24, 2017
California State Courts. Retrieved July 19, 2017.
{{DEFAULTSORT:McKinstry, Elisha W.
1824 births
1901 deaths
Kenyon College alumni
University of California College of the Law, San Francisco faculty
Justices of the Supreme Court of California
U.S. state supreme court judges admitted to the practice of law by reading law
Democratic Party members of the California State Assembly
19th-century California state court judges
19th-century American lawyers
Lawyers from Detroit
Lawyers from San Francisco
Copperheads (politics)
19th-century members of the California State Legislature