Page:The Green Bag (1889–1914), Volume 05.pdf/145

There was a problem when proofreading this page.
122
The Green Bag.

differences as to rights of the two States in olina, and Kentucky, yet materially different the public lands. In 1804 he succeeded from them all. He there laid down the rule Andrew Jackson as Judge of the Superior that for an entry to be special so that a grant Court,— a position he held until the court issued under it would relate to the time it ceased to exist on Jan. 1, 1810. He was was made and confer a title superior to that elected in 1811 to succeed Judge Campbell, of a later enterer, but to whom a grant had who then resigned as Judge of the Supreme first issued, its calls must be of such notoriety Court. He continued on that court until as would enable the subsequent enterer to 1816, resigning April n. He soon after de identify the land meant to be entered.

voted himself to the The language of his developing of the town opinions clearly ex of Memphis, the site of presses his ideas, with which he and General out effort at ornament Jackson had owned in ation, though he often common since 1794. fortified his conclu Aside from his labors sions by references to as j udge, hedida great the teachings of an work in reporting the cient and modern important decisions of moralists. Judge Overton took the Supreme Courts a very profound in down to 1816. The terest in all public af court had no reporter, fairs. He was, in fact, and no official report the chief promoter of of its opinions was the election of General provided for. With Jackson to the Presi thesanctionof his asso dency. They had been ciates, Judge O verton bosom friends from the entered on this under time they met in Nash taking, and published ville in the autumn of two volumes of reports 1789. At the time which bear his name General Jackson took and are known as i and charge of the forces 2 Tennessee. They JOHN OVERTON of the United States also embraced the more important opin which were to be di ions of the Superior Court. The first opinion rected against the hostile Semin0le Indians reported delivered by himself (i Overton,22) who were making incursions into the territory is in the case of Ingram vs. Cocke, wherein of the United States out of Florida, then the he upheld as valid the acts and proceedings territory of Spain, Judge Overton alone was of the courts of the State of Franklin, which shown the letter coming indirectly from the the early settlers of East Tennessee had War Department, giving General Jackson erected. His greatest work as a judge was the authority to pursue the Indians into in cases involving the construction of the Spanish territory. General Jackson was land laws. In the leading case of Philips, most bitterly assailed for this breach of the Lessee, vs. Robertson, 2 O verton, 398, he law of nations. Judge Overton persistently blazed out a clear path through the intricate defended him through a number of articles mazes of a composite system of entries and published in various parts of the Union grants drawn alike from Virginia, North Car- under the name of " Aristides." He de-