Henry Crabb (judge)
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Henry Crabb (October 1793 – November 28, 1827) was an American lawyer and judge. He served as the U.S. Attorney for the Western District of Tennessee, and as a justice of the
Tennessee Supreme Court The Tennessee Supreme Court is the highest court in the state of Tennessee. The Supreme Court's three buildings are seated in Nashville, Knoxville, and Jackson, Tennessee. The Court is composed of five members: a chief justice, and four justice ...
from 1826 to 1827. He seemingly had a good reputation as a lawyer but due to his death at a relatively young age he only appears briefly in biographical histories of antebellum law and lawyers.


Early life, education, and career

Born in
Botetourt County, Virginia Botetourt County ( ) is a US county that lies in the Roanoke Region of Virginia. Located in the mountainous portion of the state, the county is bordered by two major ranges, the Blue Ridge Mountains and the Appalachian Mountains. Botetourt C ...
, Crabb was the son of Colonel Ralph Crabb, and the brother of George Whitfield Crabb. The family seems to have migrated to middle Tennessee together, and in 1813 Crabb was admitted to the bar of Davidson County in company with Ephraim H. Foster and James Trimble. In 1816 he announced that his new Nashville office was in "small new building on Cedar street, a short distance below the Messrs. Sitter's copper-smith shop, and not far from the public square," and that he also practiced in
Bedford Bedford is a market town in Bedfordshire, England. At the 2011 Census, the population was 106,940. Bedford is the county town of Bedfordshire and seat of the Borough of Bedford local government district. Bedford was founded at a ford (crossin ...
, Rutherford, and
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counties. In 1816 he served as secretary to a political convention creating a statement of grievance regarding the terms of a recent treaty with the
Cherokee The Cherokee (; , or ) people are one of the Indigenous peoples of the Southeastern Woodlands of the United States. Prior to the 18th century, they were concentrated in their homelands, in towns along river valleys of what is now southwestern ...
. Crabb was listed as one of the directors of the Nashville Library in 1818, along with
Robert Searcy Robert J. Searcy (1921 – September 17, 2009) was a member of the Tuskegee Airmen, a group of African American military personnel who served with distinction during World War II as the 332nd Fighter Group of the US Army Air Corps. After th ...
, Wilkins Tannehill, Duncan Robertson, Elihu S. Hall, James Roane, and James Trimble. In 1819 he was part of a welcoming committee for
James Monroe James Monroe ( ; April 28, 1758July 4, 1831) was an American Founding Father of the United States, Founding Father who served as the fifth president of the United States from 1817 to 1825. He was the last Founding Father to serve as presiden ...
's visit to Nashville, along with city mayor Foster,
John McNairy John McNairy (March 30, 1762 – November 12, 1837) was a U.S. federal judge in Tennessee. He was the judge for the Southwest Territory, and for the United States District Court for the District of Tennessee, the United States District Court for ...
, John H. Eaton, J. C. Bronaugh, John Somerville, W. B. Lewis, Samuel Hogg,
Felix Grundy Felix Grundy (September 11, 1777 – December 19, 1840) was an American attorney and politician who served as the 13th United States Attorney General. He also had served several terms as a congressman and as a U.S. senator from Tennessee. He ...
, O. B. Hayes, and
Alfred Balch Alfred Balch (September 17, 1785 – June 21, 1853) was an American businessman, lawyer, political advisor, and a judge in Florida Territory from 1840 to 1841. Originally from back east, he moved to Nashville in the early 19th century and became ...
. The same year there was a financial panic, as the Farmers and Mechanics Bank suspended
specie Specie may refer to: * Coins or other metal money in mass circulation * Bullion coins * Hard money (policy) * Commodity money * Specie Circular, 1836 executive order by US President Andrew Jackson regarding hard money * Specie Payment Resumption A ...
payments, but Crabb, Thomas Ramsey, and John P. Erwin "investigated the Farmers and Mechanics Bank, and assured the people if they would give their confidence it could and would resume payment."


Appointments and offices

Crabb was appointed United States Attorney for the Western District of Tennessee in 1818, serving until 1827. The appointee to the corresponding U.S. Marshal position was
John Childress John Childress was a pioneer resident of Nashville, Tennessee with ties to future U.S. President Andrew Jackson. Childress, who served as a United States Marshal for 16 years, was remembered as a man of "great wealth" known for his magnificent ma ...
. Little has been written about his law career except by Henry S. Foote of Mississippi who characterized Crabb as cool and reserved to the point of appearing grave, quietly sarcastic, and devoted to reason. His Nashville bar association obituary gave him many laurels, describing him as having "talents of the highest order...a clear, discriminating mind, sound judgment, strong memory, and uncommonly correct views and opinions... profound, learned and able lawyer...The utmost confidence was reposed in his talents, learning and inflexible integrity." In 1820 he was appointed along with Foster to be an aide-de-camp to general William Carroll of the Tennessee state militia. In 1822 the same two were promoted to colonelcy under the same general officer. In 1823 Crabb resigned his militia office and was replaced by
James K. Polk James Knox Polk (; November 2, 1795 – June 15, 1849) was the 11th president of the United States, serving from 1845 to 1849. A protégé of Andrew Jackson and a member of the Democratic Party, he was an advocate of Jacksonian democracy and ...
of
Columbia, Tennessee Columbia is a city in and the county seat of Maury County, Tennessee. The population was 41,690 as of the 2020 United States census. Columbia is included in the Nashville metropolitan area. The self-proclaimed "mule capital of the world," Colu ...
. In January 1824 he was one of several candidates being considered for the appointment of U.S. minister to Mexico. Crabb became law partners with John Bell in 1822. Crabb announced in 1823 that he had "removed from the south-field into town" and had moved into the "small white office" at Cedar and Cherry streets. Crabb was listed as one of the trustees of Cumberland College in 1823. He apparently served on the board of Cumberland College and University of Nashville (predecessor of George Peabody College) from 1816 until death. He was also a long-serving trustee of the Nashville Female Academy. As of 1821 he served on the board of a Nashville bank with Thomas Crutcher, John Overton, Robert Farquharson, John P. Erwin, Jacob McGavock, John C. McLemore, and Robert Woods. In 1823 he also traveled by ship either from Virginia to
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, or directly from Havana to New Orleans, onboard the
schooner A schooner ( ) is a type of sailing ship, sailing vessel defined by its Rig (sailing), rig: fore-and-aft rigged on all of two or more Mast (sailing), masts and, in the case of a two-masted schooner, the foremast generally being shorter than t ...
''Princess'' along with a cargo of tropical groceries including sugar, plantains, coffee, "binnanoes," and 10,000 oranges. He was listed on the passenger manifest as a 29-year-old attorney-at-law, native to the United States and in height. He may have had business dealings in Natchez, Mississippi as there was mail waiting for him there in July 1823. In April 1825 his father-in-law listed for sale Crabb's plantation of 90 acres, located on the
Cumberland River The Cumberland River is a major waterway of the Southern United States. The U.S. Geological Survey. National Hydrography Dataset high-resolution flowline dataThe National Map, accessed June 8, 2011 river drains almost of southern Kentucky and ...
about 10 miles above Nashville. Payment would be accepted in either "cash or negroes." In October 1825 he placed a runway slave ad in the ''Nashville Whig'' seeking the return of an enslaved man named Elijah, age 35, who had a scar on his head. As of January 1826, the federal judiciary officers of West Tennessee (now Middle Tennessee) were judge McNairy, attorney Crabb, marshal Robert Purdy, and clerk Nathaniel A. McNairy (brother of judge John). Crabb was elected in December 1826 to fill a vacancy on the Tennessee Supreme Court caused by the death of John Haywood. At the time of his appointment, the ''National Banner and Nashville Whig'' wrote that "No appointment, we venture to say, could have given more universal satisfaction." At the time of his appointment his law partner was David Barrow, his brother-in-law. He served until his death the following year. In 1942 the '' Tennessee Law Review'' stated, "The opinions of Judge Crabb during his short tenure are reported in ''Martin and Yerger's Reports'', the most noted, perhaps, being upon the question, how far an attorney in Tennessee was entitled to claim pecuniary remuneration for professional services rendered, on the basis of ''
quantum meruit is a Latin phrase meaning "what one has earned". In the context of contract law, it means something along the lines of "reasonable value of services". In the United States, the elements of ''quantum meruit'' are determined by state common law. ...
''. His opinions were too few to afford a basis for a just or adequate appraisal."


Personal life and death

His obituary described his death as a "severe and unexpected loss," but a later account suggests that he was already in "a state of rapid physical decline" at the time of his appointment. His will was written in March 1826, at which time he owned a plantation in Louisiana and a house in "Southfield." He wrote that, "I owe more debts than I ever intended to owe," and named John Bell (his old law partner), Francis B. Fogg, David Barrow (his law partner), and his wife Jane Crabb to be the executors of his estate. Crabb's Louisiana property may have been in
Iberville Parish Iberville Parish () is a parish located south of Baton Rouge in the U.S. state of Louisiana, formed in 1807. The parish seat is Plaquemine. The population was 30,241 at the 2020 census. History The parish is named for Pierre Le Moyne d'Iberv ...
. Barrow listed for sale Crabb's collection of law books in January 1828. Following Crabb's death, his seat remained vacant until the court was reconfigured in 1831. The year following his death, Crabb's memory was toasted by one S. Owens at a Nashville dinner honoring
Thomas Hinds Thomas Hinds (January 9, 1780August 23, 1840) was an American soldier, and politician from the state of Mississippi, who served in the United States Congress from 1828 to 1831. Database at A hero of the War of 1812, Hinds is best known today as ...
. Crabb was married to Jane Barrow, who was the daughter of Willie Barrow of North Carolina and Jane Green of Kentucky, and a sister of U.S. Senator from Louisiana Alexander Barrow. Congressman Washington Barrow and Republic of Texas Navy midshipman and U.S. Indian agent John E. Barrow were her half-brothers. They had three children together: Henry A. Crabb, Jane Ann Crabb, and Mary Eleanor Crabb. Mary Eleanor Crabb married Robert J. Barrow, a son of Bennett Barrow, and they lived together at Rosebank Plantation in
West Feliciana Parish West Feliciana Parish (French: ''Paroisse de Feliciana Ouest''; Spanish: ''Parroquia de Feliciana Occidental'') is a civil parish located in the U.S. state of Louisiana. At the 2020 census, the population was 15,310. The parish seat is St. F ...
. Henry A. Crabb, sometimes called Col. Crabb, was an early settler of California and was executed by a
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O'odham
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following a failed filibuster expedition to Sonora in 1857.


References


Sources

* * {{DEFAULTSORT:Crabb, Henry 1793 births 1827 deaths People from Botetourt County, Virginia Justices of the Tennessee Supreme Court United States attorneys for the Western District of Tennessee American slave owners 19th-century American lawyers Lawyers from Nashville, Tennessee 19th-century Tennessee state court judges