The Supreme Court of Appeals of Virginia.
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THE SUPREME COURT OF APPEALS OF VIRGINIA. II. BY S. S. P. PATTESON, of the Richmond, Va., Bar.
the nth of May, John Coalter was commissioned by Gov. James Mon roe to fill the vacancy caused by the resignation of St. George Tucker, and on Saturday, the ist of June, he took the oath of office. The Legislature confirmed the action of the Governor in the following December. The Court of Appeals has from the time of its establishment been the supreme civil tribunal; since 1789 it has consisted of five judges (12 Hen. Stat. at Large, p. 764), with the exception of the period following the resignation of Judge Carrington, Jan. I, 1807, to the death of Judge Lyons, July 30, 1809, during which time there were only four judges; and the period from the death of Judge Lyons until the gth of January, 1811, during which there were only three. John Coalter was an honored and respected judge of an old Virginia family. John W. Green, after the death of Judge Spencer Roane, was appointed to the vacancy Oct. 4, 1822, and took his seat on the nth day of the same month. He died Feb. 5, 1834, and was suc ceeded by William Brockenbrough, Feb. 20, 1834. Judge Brockenbrough was a man of talent, who had the respect of the bar and the public. He did not live very long, having departed this life Dec. 10, 1838. He was the father of Judge John W. Brockenbrough, Professor of Law at Washington College and Judge of the United States District Court. One of the ablest judges who ever sat on the bench in the Commonwealth of Virginia was Dabney Carr, appointed Feb. 24, 1824, to supply the vacancy caused by the death of Judge Fleming. He was a son of the Dabney Carr of Revolutionary fame, 46
who died May 16, 1773, at the early age of thirty, and who was a rival of Patrick Henry at the bar, and a personal friend of Thomas Jefferson, having married his sister. Judge Carr was a man of keen feelings and brilliant mind. He died Jan. 8, 1837. He was but three weeks old at the death of his father. He was educated at Hampden-Sidney College, and after his return home read law in Albemarle County, where he met and became intimately acquainted with the celebrated William Wirt. They had access to the libraries of Thomas Jeffer son and Dr. Gilmer. Carr began practice at Charlottesville, the seat of justice of Albe marle, when he was about thirty-one. His practice was confined to that county for some time. But one morning Mr. Wirt rode up to his little office, and addressing him by an appellation by which he was known among his youthful friends, remarked, " Well. Chevalier, I'm come to carry you to the State to-day," meaning Fluanna County, then and yet familiarly called the State of Flu. "But," said Carr, " I have no business." "Neither have I," said Wirt. " But I have not any money," said Carr. " Nor have I," said Wirt; " but by going there we shall get both. I won't be denied : you must go." They went, and got both; and it is said that Wirt predicted that one day Carr would be on the State Supreme Bench, and that he (Wirt) would be President of the United States. He was once the nominee of a party for that great office; * but the highest office he ever held was Attorney-General of the United States. Judge Carr's profound inves tigations of the questions which came before him for decision made him a great reputation at the time. It is likely he will continue to ' Southern Literary Messenger, vol iv. p. 65 et seq.
