Alexander Rives
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Alexander Rives (June 17, 1806 – September 17, 1885) was a
Virginia Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth ar ...
attorney, politician and plantation owner. He served in both houses of the Virginia General Assembly, as a justice of the Supreme Court of Virginia and as a
United States district judge The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district, which each cover one U.S. state or, in some cases, a portion of a state. Each district cou ...
of the United States District Court for the Western District of Virginia.


Early and family life

Born on June 17, 1806, in Oak Ridge, Nelson County,
Virginia Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth ar ...
to the former Margaret (Peggy) Cabell (c. 1770–1815) and her husband Robert Rives (1764–1845), Rives was related to the First Families of Virginia through his mother and later wife. His father Robert Rives of Sussex County had served in the patriot army during the final Yorktown campaign, then became a commission merchant (first operating as Robert Rives and Company and later as Brown, Rives and Company), with Thomas Jefferson as one of his clients. He built a plantation, Oak Hill, in Nelson County in 1802, where he would bury his wife, and later be buried. On his death in 1845, the personal estate of Rives Sr. would be valued at $100,000 and included lands in Albemarle, Buckingham,
Campbell Campbell may refer to: People Surname * Campbell (surname), includes a list of people with surname Campbell Given name * Campbell Brown (footballer), an Australian rules footballer * Campbell Brown (journalist) (born 1968), American television ne ...
and Nelson Counties. His elder brother
William C. Rives William Cabell Rives (May 4, 1793April 25, 1868) was an American lawyer, planter, politician and diplomat from Virginia. Initially a Jacksonian democracy, Jackson Democrat as well as member of the First Families of Virginia, Rives served in the Vi ...
would become a Virginia and federal legislator as well as twice U.S. Minister to France, and
Robert Rives Jr. The name Robert is an ancient Germanic given name, from Proto-Germanic "fame" and "bright" (''Hrōþiberhtaz''). Compare Old Dutch ''Robrecht'' and Old High German ''Hrodebert'' (a compound of '' Hruod'' ( non, Hróðr) "fame, glory, honou ...
(1798–1869) would also serve in the Virginia House of Delegates. His distant nephew Alexander Brown wrote books about the early history of
Virginia Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth ar ...
as well as ''The Cabells and their Kin''. Rives graduated from Hampden–Sydney College in 1825 and from the
University of Virginia The University of Virginia (UVA) is a public research university in Charlottesville, Virginia. Founded in 1819 by Thomas Jefferson, the university is ranked among the top academic institutions in the United States, with highly selective ad ...
in 1829.


Career

Like his father and other family members, Rives operated his plantations using enslaved labor. In the 1830 federal census, he owned one enslaved man, an enslaved woman also between 20 and 30 years old, and a girl in Albemarle County. A decade later, Rives owned 17 enslaved men and boys and 13 enslaved women and girls. In the 1850 federal census, Rives owned 69 slaves in Albemarle County. In the final prewar census, Rives owned 66 slaves in Albemarle County. His brother or nephew Robert Rives Jr. owned 43 slaves in Albemarle County in 1850. and 70 slaves a decade later. His other brother William C. Rives owned slightly more enslaved people in the county's Frederickville section. Following the war, Judge Rives continued to operate the farms using paid labor until entering the federal judicial service in 1871, as described below. Meanwhile, in addition to his private legal practice, Albemarle County voters elected Rives as one of their (part time) representatives in the
Virginia House of Delegates The Virginia House of Delegates is one of the two parts 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-number ...
several times, as well as failed to re-elect him numerous times. Albemarle County voters elected him to the
Virginia Senate The Senate of Virginia is the upper house of the Virginia General Assembly. The Senate is composed of 40 senators representing an equal number of single-member constituent districts. The Senate is presided over by the lieutenant governor of Virg ...
in 1857, and he served one term in that part-time position. Following the American Civil War, Rives became the ninth Rector of the
University of Virginia The University of Virginia (UVA) is a public research university in Charlottesville, Virginia. Founded in 1819 by Thomas Jefferson, the university is ranked among the top academic institutions in the United States, with highly selective ad ...
from 1865 to 1866. He was a justice of the Supreme Court of Virginia from 1866 to 1869.


Politics

Rives was initially a
Democrat Democrat, Democrats, or Democratic may refer to: Politics *A proponent of democracy, or democratic government; a form of government involving rule by the people. *A member of a Democratic Party: **Democratic Party (United States) (D) **Democratic ...
, but like his brother William C. Rives, opposed the sub-treasury policy of President
Martin Van Buren Martin Van Buren ( ; nl, Maarten van Buren; ; December 5, 1782 – July 24, 1862) was an American lawyer and statesman who served as the eighth president of the United States from 1837 to 1841. A primary founder of the Democratic Party, he ...
. Thus, Rives joined the Whig party in 1844. In 1870, Rives ran for the
United States House of Representatives The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together they ...
as a
Republican Republican can refer to: Political ideology * An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law. ** Republicanism, the ideology in support of republics or agains ...
, but lost to
Richard Thomas Walker Duke Richard Thomas Walker Duke Sr. (June 6, 1822 – July 2, 1898) was a nineteenth-century congressman and lawyer from Virginia. Early and family life Born near Charlottesville, Virginia to Elizabeth Morris Kendrick (August 23, 1802 in Lancaster, ...
. Duke's son later said that Rives "had 'ratted' and became a '
scalawag In United States history, the term scalawag (sometimes spelled scallawag or scallywag) referred to white Southerners who supported Reconstruction policies and efforts after the conclusion of the American Civil War. As with the term ''carpetb ...
' republican." Nonetheless, Rives had obtained a pardon for his opponent, to remove Duke's disability from seeking office, without charging Rives's usual fee of up to $500.


Federal judicial service

President
Ulysses S. Grant Ulysses S. Grant (born Hiram Ulysses Grant ; April 27, 1822July 23, 1885) was an American military officer and politician who served as the 18th president of the United States from 1869 to 1877. As Commanding General, he led the Union Ar ...
on February 3, 1871 nominated Rives to the United States District Court for the Western District of Virginia, a new seat authorized by 16 Stat. 403. He was confirmed by the
United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...
on February 6, 1871, and received his commission the same day. His service terminated on August 1, 1882, when he retired.


Notable case

In 1878, Judge Rives took the then-controversial view that the exclusion of blacks from jury service in Virginia state courts was a violation of the Equal Protection rights of two criminal defendants, granting their petitions for
habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, t ...
relief. The Virginia General Assembly passed a resolution denouncing the Reynolds decision, and demanding an appeal. The Supreme Court agreed in principle with Rives, in three decisions issued on March 1, 1880, but overruled his reasoning in ''Virginia v. Rives''ordering him to return jurisdiction over the petitioners to the Commonwealth. However, in Ex parte Virginia the court confirmed federal authority to enforce African Americans' rights to serve on juries, and in
Strauder v. West Virginia ''Strauder v. West Virginia'', 100 U.S. 303 (1880), was a landmark decision of the Supreme Court of the United States about racial discrimination and United States constitutional criminal procedure. ''Strauder'' was the first instance where t ...
the court declared states could not limit jury service to white men. Over 100 years later, the Supreme Court ruled that even the use of peremptory challenges where exclusion was made on the basis of race was unconstitutional, in Batson.


Later years, death and legacy

Rives lived in Charlottesville until 1833; then at "Carlton" on Monticello until 1873, and spent his final years at "Eastbourne Terrace" in Charlottesville. > Rives died on September 17, 1885, in
Charlottesville Charlottesville, colloquially known as C'ville, is an independent city in the Commonwealth of Virginia. It is the county seat of Albemarle County, which surrounds the city, though the two are separate legal entities. It is named after Queen Ch ...
, Virginia. He was interred beside his wife and namesake son in Monticello Memorial Park, Albemarle County, Virginia.According to the 1880 U.S. Federal Census for District 12 of Charlottesville, Albemarle County, his household (dwelling 240) consisted of himself, his wife, daughter J.B. Coleman and 22 year old granddaughter P.S. Coleman, 20 year old nephew T.K.W. Morris (listed as a student), as well as a 30 year old black female cook and 15 year old black male servant. Some of Rives' papers before 1875 are held by the University of Virginia library. The Rives family estate where Rives was born, Oak Ridge in Nelson County, was sold in 1867, but remains today as an event and wedding venue. It was renovated beginning in 1901 by magnate
Thomas Fortune Ryan Thomas Fortune Ryan (October 17, 1851 – November 23, 1928) was an American tobacco, insurance and transportation magnate. Although he lived in New York City for much of his adult career, Ryan was perhaps the greatest benefactor of the Roman Ca ...
, and more recently by John Holland Sr. and his son John Holland Jr.


Notes


References


External links


Genealogy from the University of Virginia Special Collections Library
{{DEFAULTSORT:Rives, Alexander Justices of the Supreme Court of Virginia 1806 births 1885 deaths University of Virginia alumni Hampden–Sydney College alumni Virginia lawyers Judges of the United States District Court for the Western District of Virginia United States federal judges appointed by Ulysses S. Grant 19th-century American judges People from Nelson County, Virginia Virginia Republicans Virginia Democrats Virginia Whigs Rives family Cabell family