Thomas Todd (January 23, 1765 – February 7, 1826) was an

Associate Justice of the Supreme Court of the United States An associate justice of the Supreme Court of the United States is a Justice (title), justice of the Supreme Court of the United States, other than the chief justice of the United States. The number of associate justices is eight, as set by the J ...

from 1807 to 1826. Raised in the

Colony of Virginia The Colony of Virginia was a British Empire, British colonial settlement in North America from 1606 to 1776. The first effort to create an English settlement in the area was chartered in 1584 and established in 1585; the resulting Roanoke Colo ...

, he studied law and later participated in the founding of

Kentucky Kentucky (, ), officially the Commonwealth of Kentucky, is a landlocked U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders Illinois, Indiana, and Ohio to the north, West Virginia to the ...

, 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 opinion In law, a legal opinion is in certain jurisdictions a written explanation by a judge or group of judges that accompanies an order or ruling in a case, laying out the rationale and legal principles for the ruling. Opinions are in those jurisdi ...

s there mostly concerned land claims. He was labeled 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).

Early life and education

Todd was born to the former Elizabeth Richards and her husband, Richard Todd 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. .Tyler, Lyon Gardiner (ed.) (1915). ''Encyclopedia of Virginia Biography'', vol. 2, p. 279. Lewis Historical Publishing Co. He was the youngest of five children, all orphaned when Thomas was a boy. He was raised

Presbyterian Presbyterianism is a historically Reformed Protestant tradition named for its form of church government by representative assemblies of elders, known as "presbyters". Though other Reformed churches are structurally similar, the word ''Pr ...

, but because Virginia lacked public schools at the time, had difficulty obtaining an education. At the age of 16, Todd joined the

Continental Army The Continental Army was the army of the United Colonies representing the Thirteen Colonies and later the United States during the American Revolutionary War. It was formed on June 14, 1775, by a resolution passed by the Second Continental Co ...

as a

private Private or privates may refer to: Music * "In Private", by Dusty Springfield from the 1990 album ''Reputation'' * Private (band), a Denmark-based band * "Private" (Ryōko Hirosue song), from the 1999 album ''Private'', written and also recorded ...

with a cavalry company from Manchester, Virginia in the final months of the

American Revolutionary War The American Revolutionary War (April 19, 1775 – September 3, 1783), also known as the Revolutionary War or American War of Independence, was the armed conflict that comprised the final eight years of the broader American Revolution, in which Am ...

. After only six months of battle, he returned home and enrolled in Liberty Hall Academy (now

Washington and Lee University Washington and Lee University (Washington and Lee or W&L) is a Private college, private Liberal arts colleges in the United States, liberal arts college in Lexington, Virginia, United States. Established in 1749 as Augusta Academy, it is among ...

) in

Lexington, Virginia Lexington is an Independent city (United States)#Virginia, independent city in the Commonwealth of Virginia, United States. At the 2020 United States census, 2020 census, the population was 7,320. It is the county seat of Rockbridge County, Virg ...

, graduating in 1783. Todd then became a tutor at Liberty Hall Academy (which later became

Washington & Lee University Washington and Lee University (Washington and Lee or W&L) is a Private college, private Liberal arts colleges in the United States, liberal arts college in Lexington, Virginia, United States. Established in 1749 as Augusta Academy, it is among ...

) in exchange for

room and board Room and board describes an accommodation which, in exchange for money, labour or other recompense, a person is provided with a place to live in addition to meals. It commonly occurs as a fee at higher educational institutions, such as colleges ...

, and graduated at age 18, in 1783. Todd lived with the family of his cousin, Judge Harry Innes in

Bedford County, Virginia Bedford County is a county (United States), 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 the town of Bedford, Virginia, Bedford, ...

and also studied

surveying Surveying or land surveying is the technique, profession, art, and science of determining the land, terrestrial Plane (mathematics), two-dimensional or Three-dimensional space#In Euclidean geometry, three-dimensional positions of Point (geom ...

before moving to Kentucky County (then part of

Virginia Virginia, officially the Commonwealth of Virginia, is a U.S. state, state in the Southeastern United States, Southeastern and Mid-Atlantic (United States), Mid-Atlantic regions of the United States between the East Coast of the United States ...

) with the Innes family when Harry Innes was appointed to the Kentucky district of the

Virginia Supreme Court The Supreme Court of Virginia is the highest court in the Commonwealth of Virginia. It primarily hears direct appeals in civil cases from the trial-level city and county circuit courts, as well as the criminal law, family law and administrativ ...

. Todd tutored his cousin's children in

Danville, Kentucky Danville is a list of Kentucky cities, home rule-class city and the county seat of Boyle County, Kentucky, United States. The population was 17,236 at the 2020 United States census, 2020 census. Danville is the principal city of the Danville Micr ...

in exchange for help in

reading 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 u ...

Career in Kentucky

Todd was admitted to the Kentucky bar in 1786, and maintained a private practice in

from 1788 until 1801. He also gained influence by becoming its

court reporter A court reporter, court stenographer, or shorthand reporter is a person whose occupation is to capture the live testimony in proceedings using a stenographic machine or a stenomask, thereby transforming the proceedings into an official certif ...

and served as secretary to the Kentucky 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.Tyler p. 280 Todd also served as one of Lincoln County's two delegates to the

Virginia House of Delegates The Virginia House of Delegates is one of the two houses of the Virginia General Assembly, the other being the Senate of Virginia. It has 100 members elected for terms of two years; unlike most states, these elections take place during odd-numbe ...

in the term which ended in Kentucky's statehood. He was a candidate for governor of Kentucky in 1795 and 1800. Todd was also the first clerk of the Kentucky Court of Appeals (on which he would in 1801 begin sit as one of its judges and beginning in 1806 as its chief judge). Todd also owned slaves, twenty-six slaves at the time of the 1820 census.

Personal life

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, but Charles 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. On March 29, 1812, after more than a year of mourning his first wife, Todd married Lucy Payne Washington, the youngest sister of

Dolley Madison Dolley Todd Madison (née Payne; May 20, 1768 – July 12, 1849) was the wife of James Madison, the fourth president of the United States from 1809 to 1817. She was noted for holding Washington social functions in which she invited members of b ...

and the widow of Major George Steptoe Washington, who was a nephew of President

George Washington George Washington (, 1799) was a Founding Fathers of the United States, Founding Father and the first president of the United States, serving from 1789 to 1797. As commander of the Continental Army, Washington led Patriot (American Revoluti ...

. It is believed to be the first wedding held in the

White House The White House is the official residence and workplace of the president of the United States. Located at 1600 Pennsylvania Avenue Northwest (Washington, D.C.), NW in Washington, D.C., it has served as the residence of every U.S. president ...

. 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.

Supreme Court justice

On February 28, 1807, President

Thomas Jefferson Thomas Jefferson (, 1743July 4, 1826) was an American Founding Fathers of the United States, Founding Father and the third president of the United States from 1801 to 1809. He was the primary author of the United States Declaration of Indepe ...

nominated Todd as an associate justice of the

Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...

, after the number of seats on the Court was expanded from six to seven by

Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...

. The

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confirmed the appointment on March 2, 1807, and Todd was sworn into office on May 4, 1807. Todd served under Chief Justice

John Marshall John Marshall (September 24, 1755July 6, 1835) was an American statesman, jurist, and Founding Fathers of the United States, Founding Father who served as the fourth chief justice of the United States from 1801 until his death in 1835. He remai ...

. As justice responsible for the circuit including Kentucky, Tennessee and Ohio, Todd convened court twice a year each in

Nashville Nashville, often known as Music City, is the capital and List of municipalities in Tennessee, most populous city in the U.S. state of Tennessee. It is the county seat, seat of Davidson County, Tennessee, Davidson County in Middle Tennessee, locat ...

, Frankfort and Chillicothe, and spent the six winter months in

Washington, D.C. Washington, D.C., formally the District of Columbia and commonly known as Washington or D.C., is the capital city and federal district of the United States. The city is on the Potomac River, across from Virginia, and shares land borders with ...

He is one of 19

Presbyterians Presbyterianism is a historically Reformed Protestant tradition named for its form of church government by representative assemblies of elders, known as "presbyters". Though other Reformed churches are structurally similar, the word ''Pr ...

to have served on the Court. He served on the Court until his death on February 7, 1826.

Court opinions

Politically, Todd was a Jeffersonian. Although they had different political beliefs, Todd adopted Marshall's views on

judicial interpretation Judicial interpretation is the way in which the judiciary construes the law, particularly constitutional documents, legislation and frequently used vocabulary. This is an important issue in some common law jurisdictions such as the United St ...

, but did not write a single constitutional opinion. Todd wrote only fourteen

opinions An opinion is a judgement, Point of view (philosophy), viewpoint, or Proposition, statement that is not conclusive, as opposed to facts, which are truth, true statements. Definition A given opinion may deal with subjectivity, subjective matters ...

—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 Dissent is an opinion, philosophy or sentiment of non-agreement or opposition to a prevailing idea or policy enforced under the authority of a government, political party or other entity or individual. A dissenting person may be referred to as ...

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'', in which the court upheld the right of

North Carolina North Carolina ( ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, South Carolina to the south, Georgia (U.S. stat ...

to make land claim restrictions on filings that were made in

Indian Territory Indian Territory and the Indian Territories are terms that generally described an evolving land area set aside by the Federal government of the United States, United States government for the relocation of Native Americans in the United States, ...

and that 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 that did not involve land law was his last. In '' Riggs v. Taylor'', the court made the important procedural ruling, now taken for granted, that if a party intends to use a

document A document is a writing, written, drawing, drawn, presented, or memorialized representation of thought, often the manifestation of nonfiction, non-fictional, as well as fictional, content. The word originates from the Latin ', which denotes ...

evidence Evidence for a proposition is what supports the proposition. It is usually understood as an indication that the proposition is truth, true. The exact definition and role of evidence vary across different fields. In epistemology, evidence is what J ...

, 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.

Death, estate and legacy

Todd died in Frankfort, Kentucky on February 7, 1826, at the age of 61. He was initially buried in the Innes family cemetery. Later, his remains were removed to Frankfort Cemetery, overlooking the

Kentucky River The Kentucky River is a tributary of the Ohio River in Kentucky, United States. The river and its tributaries drain much of eastern and central Kentucky, passing through the Eastern Coalfield, the Cumberland Mountains, and the Bluegrass re ...

and the

Kentucky State Capitol The Kentucky State Capitol is located in Frankfort, Kentucky, Frankfort and is the house of the three branches (executive, legislative, judicial) of the Politics of the United States, state government of the Commonwealth (U.S. state), Commonwe ...

. At the time of his death, Todd owned substantial real property, particularly in Frankfort. He was a charter member of the Kentucky River Company, the first business formed to promote Kentucky

waterway A waterway is any Navigability, navigable body of water. Broad distinctions are useful to avoid ambiguity, and disambiguation will be of varying importance depending on the nuance of the equivalent word in other ways. A first distinction is ...

navigation Navigation is a field of study that focuses on the process of monitoring and controlling the motion, movement of a craft or vehicle from one place to another.Bowditch, 2003:799. The field of navigation includes four general categories: land navig ...

. The inventory of his estate revealed he was a shareholder of the Kentucky Turnpike, the first publicly improved highway west of the Alleghenies, and the Frankfort toll bridge, crossing the Kentucky River. In addition to his home, he owned more than 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. Todd's papers are kept in three locations: * Cincinnati Historical Society,

Cincinnati, Ohio Cincinnati ( ; colloquially nicknamed Cincy) is a city in Hamilton County, Ohio, United States, and its county seat. Settled in 1788, the city is located on the northern side of the confluence of the Licking River (Kentucky), Licking and Ohio Ri ...

. * The Filson Historical Society,

Louisville, Kentucky Louisville is the List of cities in Kentucky, most populous city in the Commonwealth of Kentucky, sixth-most populous city in the Southeastern United States, Southeast, and the list of United States cities by population, 27th-most-populous city ...

. *

University of Kentucky The University of Kentucky (UK, UKY, or U of K) is a Public University, public Land-grant University, land-grant research university in Lexington, Kentucky, United States. Founded in 1865 by John Bryan Bowman as the Agricultural and Mechanical ...

, Margaret I. King Library,

Lexington, Kentucky Lexington is a Consolidated city-county, consolidated city coterminous with and the county seat of Fayette County, Kentucky, United States. As of the 2020 United States census, 2020 census the city's population was 322,570, making it the List of ...

. During

World War II World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...

the

Liberty ship Liberty ships were a ship class, class of cargo ship built in the United States during World War II under the Emergency Shipbuilding Program. Although British in concept, the design was adopted by the United States for its simple, low-cost cons ...

was built in

Brunswick, Georgia Brunswick ( ) is a city in and the county seat of Glynn County, Georgia, Glynn County in the U.S. state of Georgia (U.S. state), Georgia. As the primary urban and economic center of the lower southeast portion of Georgia, it is the second-larges ...

, and named in his honor.

Memberships and other honors

Todd became a member of the

American Antiquarian Society The American Antiquarian Society (AAS), located in Worcester, Massachusetts, is both a learned society and a national research library of pre-twentieth-century American history and culture. Founded in 1812, it is the oldest historical society in ...

in 1820. He was also a

Freemason Freemasonry (sometimes spelled Free-Masonry) consists of fraternal groups that trace their origins to the medieval guilds of stonemasons. Freemasonry is the oldest secular fraternity in the world and among the oldest still-existing organizati ...

References

Sources

Oyez Project, Supreme Court Media, Thomas Todd
*

* ttps://web.archive.org/web/20080920152421/http://www.ca6.uscourts.gov/lib_hist/Courts/supreme/judges/tt-bio.html Biography and Bibliography, Thomas Todd 6th Circuit United States Court of Appeals. *