Page:The Green Bag (1889–1914), Volume 12.pdf/377

 346

ciate justice of the United States Supreme Court. This appointment came to him entirely unsought and under the circumstances no higher compliment could be paid to any man. He was either the first or the second choice of every member of each house of congress. His contributions to jurisprudence abund antly appear in the reports of Kentucky and of the United States Supreme Court. In his career as a jurist, he fully merited the exalted tribute paid him by his intimate per sonal friend, Justice Story, who said of him : "His death was deemed by his associates a great public calamity and in the memory of those who survive him, his name has ever THOMAS TODD. been cherished with a warm and affectionate The second chief justice to preside over remembrance." the Kentucky Court of Appeals was Thomas FELIX GRUNDY. Todd, best known as a justice of the United The appointment of Chief Justice Todd States Supreme Court. Judge Todd's service on the bench of the to a seat on the Supreme Court bench, Kentucky court covered a period of a little occasioned a vacancy which was at once more than five years, though he was chief filled by the promotion of Judge Felix Grundy from the position of associate jus justice for only a few months of that time. He was first commissioned associate jus tice, to which he had been appointed on De tice of the court on December 19, 1801. An cember lo, 1806. Coming into the chief justiceship on act had just been passed increasing the num ber of judges in the court from three to four. April ii, 1807, when less than thirty years Chief Justice Muter and his associates were old, Chief Justice Grundy remained a member growing old and it was generally understood of the court only a few months. He resigned in January, 1808, and re that the purpose of the act was the infusion of new blood by the introduction of a young moved to Nashville. From that time his life man into the court. Judge Todd was then was a part of the history of Tennessee. He thirty-six years of age. He had previously was a zealous Democrat and a warm friend been clerk of all the numerous conventions of General Andrew Jackson. He served the that had met to frame a Constitution and people of his newly adopted State in the organize a government for the new State. state legislature and in both houses of con He was the first clerk of the Court of Ap gress. For two years, he was Attorney General peals. As a mere youth, he had served with of the United States under President Van distinction in the Revolutionary War. When Chief Justice Muter resigned, Judge Buren. He resigned that position to again Todd was on December 13, 1806, appointed take his seat in the United States senate, to succeed him. His term of office as chief but died before doing so. He was a brilliant justice, however, was brief, for in April, man but his fame was forensic rather than 1807, President Jefferson made him asso judicial. vice of his people at a meager salary, he should have a pension for the rest of his days. He had yet to learn that republics are un grateful. After two years his pension was stopped because the legislature thought " it savored of monarchy" and Judge Muter in his penniless old age was obliged to accept the bounty of his successor and warm friend, Thomas Todd, then became associate justice of the United States Supreme Court. He lived in Judge Todd's family and richly did he at last repay them. After his death some claims which he had against the United States Government were paid and Judge Todd's family as his sole legatees thus received a handsome fortune.