Bench & Bar

JAN 2018

The Bench & Bar magazine is published to provide members of the KBA with information that will increase their knowledge of the law, improve the practice of law, and assist in improving the quality of legal services for the citizenry.

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| JANUARY/FEBRUARY 2018 8 War. Born to an old Virginia family, he was a distant cousin of President James Monroe. omas Monroe came to Kentucky, earned a degree from Transyl- vania University in 1816 the same year his father-in-law was elected governor. He was admitted to the bar, appointed reporter in 1819 and compiled seven volumes of appellate reports. Mr. Monroe also argued 36 cases to the court of which he was reporter between 1823 and 1824. Eventually, President Andrew Jackson appointed him federal district judge in 1834. After General Grant's Union force seized Paducah from the Confederate Army in 1861, Judge Monroe resigned his federal judgeship, decamped for his summer home in Louisiana and was soon appointed to the Confederate federal judiciary by Jefferson Davis. He lost two sons in the Civil War. Prof. Metzmeier asserts with ample evidence that Kentucky, offi- cially neutral in the Civil War, seceded from the Union after the South surrendered and enacted Jim Crow laws as harsh as any in the old Confederacy. Jim Crow laws enacted after Reconstruction gave legal authority to deny black Americans the franchise and to the enforcement of segregation in public accommodations and legal and personal relations between black and white that persisted into the 1960s, a kind of American apartheid. 6 "Jim Crow," it has been written, was a character based upon an actual Kentucky stablehand portrayed in blackface by a white per- former named omas Dartmouth "Daddy" Rice in the 1830s. 7 An early participant in the installation in Kentucky of Jim Crow was ALVIN DUVALL (1813-1891), dubbed "e Copperhead." Mr. Duvall published two volumes of appellate reports between 1865 and 1867. Mr. Duvall had been by then a renowned trial lawyer, trial judge, appellate advocate, and chief justice of the Court of Appeals. His election in 1866 for clerk of the Court of Appeals, a post with- out apparent policy portfolio, became a "signal moment" in the institutionalization of Jim Crow in Kentucky. 8 Prof. Metzmeier traces an historical line from the influence of the Democratic State Central Committee in judicial elections in Mr. Duvall's time forward to an unfortunate milestone in Kentucky racial jurisprudence. A Jim Crow-era Court of Appeals chosen was called upon in 1906 to decide Berea College v. Commonwealth. 9 Berea College, a private non-sectarian institution in Madison County, had been educating white and black students together for 50 years when the General Assembly passed a statute in 1904 to make this pedagogical decision a crime. A half-century after Lee's surrender at Appomattox and 48 years after the enactment of the 14th Amendment, a divided Court of Appeals upheld the statute and the financial penalties exacted against the college. Mr. Duvall, "e Copperhead," may or may not have found it ironic that his descendants include both Barack Obama and Dick Cheney. 10 WAR AND PEACE. Kentuckians joined in the struggle of the United States to assert its interests in North America, and two of the reporters were involved. MARTIN HARDIN (1780-1823) , the warrior-reporter, emigrated with his family from Pennsylvania to Nelson County shortly after he was born. In the War of 1812, he fought the British at French- town, Michigan, where 69 Kentucky militiamen were massacred, and with William Henry Harrison, who was later, briefly, president, in defeating the British at the Battle of ames. Mr. Hardin published one volume of appellate reports, in 1810. His status as a war hero helped him to win seats in the Kentucky House and in the U.S. Senate. Elected to Congress in 1810, and to the U.S. Senate, GEORGE M. BIBB (1776-1849) was a member of the "War Mess" of New Jersey Street in Washington, D.C., a group of Congressmen planning the War of 1812. Prof. Metzmeier is surer of some historical facts than others. He suggests that Mr. Bibb's analytical and drafting skills were enlisted to draft the war declaration. As reporter, Mr. Bibb published four volumes, which Prof. Metz- meier declares are among the best from the nominative reporters. Mr. Bibb also served as U.S. Attorney, Chief Justice of the Court ALVIN DUVALL Photo Credit: Louisville Courier-Journal BOOK REVIEW

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